The government has no legal right to limit third-party spending in the Canadian Wheat Board election, says the president of the National Citizen’s Coalition.
“We are convinced that all such regulations are unconstitutional violations of freedom of expression,” said Stephen Harper. “These rules are unconstitutional and unenforceable.”
The Toronto-based lobby group has for the past couple of years been a harsh critic of the wheat board’s export monopoly and of CWB minister Ralph Goodale.
Describing the spending limit as a gag law, Harper said no such law has ever been upheld in a Canadian court.
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But Goodale said the government is confident that based on legal precedent, the limit on third-party spending will stand up to any challenge.
“As long as the rules are fair and as long as what is being attempted is not a ban, but is simply attempting to put third parties on some kind of equal footing with candidates, this will withstand scrutiny,” he said.
According to information posted on the official Elections Canada website, sections of the Canada Elections Act limiting third-party election advertising expenses to $1,000 were declared unconstitutional by the Alberta Court of Appeal, a ruling that was not appealed to the Supreme Court by the federal attorney general.
Won’t challenge, but won’t listen
Harper said the coalition isn’t planning to challenge the CWB election spending limits, because the law is already clear that they have no effect.
“These regulations will not impact on our activities, advertising or otherwise, during the campaign in any way,” he said. “We will do whatever we want to do. We have no intention of getting Mr. Goodale’s approval to express any political opinion whatsoever.”
However Harper also said the coalition has no plans to advertise in support of any particular candidates because it rejects the entire process.
It’s irrelevant who gets elected, he said, because the government will still maintain effective control of the wheat board’s affairs, by controlling senior management and appointing five of the 15 directors.
“The spending limit is unconstitutional and makes the election process a sham, but it would be a sham even if these rules weren’t in place.”
Goodale said he is confident that everyone interested in the CWB election supports the third-party spending limit. When the proposed regulations were published in the Canada Gazette for a three-week comment period, no one made any submission opposing the idea of a spending cap. The only comments that were made suggested the limit be reduced from $10,000.
Harper said the coalition made no comment during that period because it won’t engage in any discussion with the government about limiting freedom of speech.
