Judgment reserved in gag law case

By ALLISON DUNFIELD
Globe and Mail Update

The Supreme Court has reserved judgment in a case that could change the way
advertising is done in future federal election campaigns.

The National Citizens Coalition was in Canada's highest court Tuesday
challenging a law that limits the amount that third-parties such as lobby
groups can spend on political campaigns. The NCC, a non-profit conservative
lobby group, argues that the so called "gag law" violates freedom
of expression.

Gerry Nicholls, vice-president of the NCC, said he isn't sure when the
ruling will come, meaning it may not happen before the next federal
election. "Typically, it takes six to eight months for a
decision", he said, "although the court may try to speed up the
process because of the anticipated spring federal election. Whether or not
we will get one [a decision] before the election, it's hard to say. I can't
really answer," he told globeandmail.com.

Mr. Nicholls says the NCC is pleased with the law's current status because
it has been declared unconstitutional by the Alberta Court of Appeal.
"So we're happy with the status quo right now, but of course we're
hoping that the Supreme Court will finish the job and essentially say that
this law is unconstitutional."

He says that essentially the NCC feels the gag law denies every Canadian
the right to express opinions and ideas during an election campaign. He
also said that striking down the gag law would help other interest groups
that are not necessarily affiliated with a particular political party to
get their message out. "You might not care who wins the election. All
you want to do is talk about an issue that is important to you, whether
it's Kyoto, or same-sex marriage or the gun registry. And if it's
associated with a political party, you're still caught in the gag
law."

The most contentious restrictions limit a third party to spending $150,000
during an election period, and not more than $3,000 of that total on
promoting or opposing candidates in a single electoral district.

However, critics charge that because the federal government has imposed a
spending limit on election campaigns, limits should also be imposed on
third parties. Aaron Freeman of Democracy Watch told CBC Newsworld Tuesday
that limits on spending must be kept because "it keeps running for
office affordable in Canada." Otherwise, he said, political parties
can use third parties to get out their message once they have used up their
election funding. "It's free speech for rich people," he said.


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