The decision comes the day after a judgment by the Ontario Superior Court, which ruled in favor of the teachers’ unions and the Canadian Civil Liberties Association in ruling that the provisions of the law targeting political advertising by groups of interests were unconstitutional.
This will be the first time in Ontario history that the government will use the notwithstanding clause of the Constitution, commonly known as derogatory clause
.
Ontario’s Election Protection Act received Royal Assent on April 19 and limited advertising spending to $ 600,000 for third parties, 12 months before the election. Several very critical Doug Ford interest groups, including the Working Families Coalition, have called it an attempt by the Progressive Conservative Party to muzzle political opponents and teachers’ unions.
In a statement released on Wednesday, the province said it wanted to reduce the influence of these groups on election campaigns and protect democracy
.
Following the Superior Court’s decision, the government will recall the House [jeudi] and introduce new legislation to protect the rights of Ontario voters and protect our elections from American-style super PACs and their ability to buy political influence.
The director of the Canadian Civil Liberties Association denounced on Twitter the decision to use the notwithstanding clause. Given the subject of the law and its impact on the upcoming Ontario election, this is an abuse of this extraordinary power, loosely motivated by self-interest. [du Parti progressiste-conservateur]
, wrote Michael Bryant. For his part, the vice-president of the Elementary Teachers Federation of Peel Ontario, Felipe Pareja, called the decision contemptible
on Twitter.
All of the opposition parties in Queen’s Park also sharply criticized the government.
The leader of the opposition @AndreaHorwath assures that his party will do everything in its power to oppose the use of the notwithstanding clause by the Ford government. The NDP could try to slow down the passage of the bill. #onpoli pic.twitter.com/2s55Xk0F18
– Mathieu Simard (@mathieusimard) June 9, 2021
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The Liberal leader accused Mr. Ford of do everything possible to cling to power
. Using the notwithstanding clause to overturn a court ruling made to protect our freedom of expression is outrageous
, wrote Steven Del Duca in a press release.
For its part, the Green Party urged the government to focus on other priorities. Instead of doing it to fulfill a selfish purpose, Ford should recall the Legislature to help Ontarians. Like the immediate implementation of an action plan against Islamophobia.
Mr. Ford had already threatened to use the notwithstanding clause to reduce the size of Toronto City Council in 2018. He ultimately did not have to, because the courts had ruled in his favor.
One gets the impression of a government that fears potentially harsh criticism from a certain group of third parties that would not be happy with the government’s record given the COVID-19 crisis.
Influential advertisements
In Ontario, unions and businesses have not been able to donate to political parties since 2017, under reforms introduced at the time by the Liberal government of Kathleen Wynne. The annual donation limit by an individual has been set at $ 1,600 and increases with inflation each year.
But unions and businesses are allowed to make donations to fund the political activities of interest groups that are not political parties.
