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Money in Politics Campaign -
Summary of Court Case on
Third Party Advertising During Elections Limits
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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