Money in Politics Campaign
Summary of Court Case on
Limits on
Third Party
Advertising
During
Elections
Set out below are documents relating to the federal
third
party
election ad-spending
limits, and the court case challenging the limits that
Democracy Watch
intervened
in, as part of it's Money in
Politics Campaign
Beginning in 1999, Democracy Watch campaigned
to add
constitutional limits under the federal Canada
Elections
Act to the amount non-political parties
(so-called
"third parties") could spend on paid advertising
during election
campaign periods. In 2000, the Act
was changed to set limits of no more than $150,000
nationally (and
$3,000 in
each
riding) during federal elections (the limits increase
each year on
April
1st based on the inflation rate, and as of April 1,
2008 were $183,300
nationally and $3,666 in each riding).
As past limits had been, the new limits were
challenged
in
court, and Democracy Watch intervened
in favour of the paid advertising spending limits when
the case was
reviewed by the Alberta Court of Appeal (in 2002)
and
then the Supreme Court of Canada (SCC - in 2004).
Democracy Watch has continued to defend the
limits in
public
debates since the May 2004 SCC ruling
upholding the limits, as follows:
(in reverse chronological
order)
- WEBSITE ARTICLE: Elections
Canada
should
continue
investigation
into
phone
fraud during 2008
election in federal Conservative Cabinet minister Gary
Lunn's riding
because key questions can be answered, and must
investigate whether
third party groups that supported Lunn colluded
illegally (Victoria
Times Colonist, Canada.com
and 10 other CanWest newspapers across Canada, March 27,
2009)
- NEWS RELEASE: Actions
of
Conservative campaign workers for Cabinet minister
Gary Lunn, and
supporting third party groups, during 2008 federal
election raise
enough questions that Elections Canada should
investigate
(TheTyee.ca, March 18, 2009)
- WEBSITE ARTICLE: B.C.
Liberal
government proposes to limit spending on paid
advertising by
third
parties (non-political parties) but fails to limit
donations to
candidates
and parties, skewing election financing in favour of
B.C. Liberal
Party's
corporate bankrollers (TheTyee.ca, May 19, 2008)
- RADIO DEBATE: Democracy
Watch
Coordinator
Duff
Conacher
debates
Gerry
Nicholls of the
U.S.-based
Democracy Institute on laws limiting spending on paid
advertising by
individuals
and interest groups during election-campaign periods
-- MP3 format
(QR77 Alberta talk radio ("The World Tonight" show), May
13, 2008)
- LETTER-TO-THE-EDITOR: False
claims
published
yet
again
about
federal
election
ad spending law that helps democracy
by
limiting influence of wealthy interests (National
Post,
October
24, 2007)
- LETTER-TO-THE-EDITOR: Federal
election
ad
spending
law
helps
democracy
by limiting influence of wealthy
interests
(March 25, 2007)
- OP-ED: Federal
election
ad spending
law helps democracy by limiting influence of wealthy
interests (May
15, 2006)
- OP-ED: Election ad
spending law
helps
democracy by limiting influence of wealthy interests
-- Honesty and
accountability
measures the real solution to voters' concerns (National
Post,
January
5,
2006)
- LETTER-TO-THE-EDITOR: Federal
Limits
on
Advertising
Spending
During
Elections
Do Not Gag Anyone (National
Post, April 26, 2005)
- OP-ED: Supreme
Court
Decision
Democratizes
Interest Group Participation in Elections by Limiting
Wealthy Interests
(Ottawa Citizen, May 19, 2004)
- NEWS RELEASE: Democracy
Watch
Praises
Supreme
Court's Third Party Advertising Limits Ruling (May
18, 2004)
- COURT DECISION (Democracy Watch intervened on the
winning
side of the
case,
and the Supreme Court of Canada ruled that limits on
advertising
spending
by non-political parties ("third parties") are
constitutional): Supreme
Court
of
Canada
decision
in
Harper
v. Canada (Attorney General)
(May
18, 2004)
- COURT FACTUM: Democracy
Watch
and
NAPO's
Legal
Arguments
in
Third
Party Advertising Spending Limits Case
(February 10, 2004)
- OP-ED: Harper
challenge
would lead
to
high-priced, US-style elections (February 9, 2004)
- MEDIA RELEASE: Democracy
Watch
Calls
on
Federal
Government
to
Appeal
Third
Party Political Spending Court
Decision
(December 17, 2002)
- MEDIA RELEASE: Democracy
Watch
to
Intervene
in
Third
Party
Political
Financing
Appeal Case (May 7, 2002)
- OP-ED: Balancing
Freedom and
Democracy
(October 1997)
- OP-ED: Campaigning
with
Cash: Equity
Must
Be Ensured (July 1997)
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