NCC
Wins Victory: Court Overturns Gag Law Spending Limits
(Calgary
June 29) The Alberta Court of Queen's Bench today struck down as
unconstitutional the spending limits of the federal government's election
gag law.
"This
is a magnificent victory for freedom," says National Citizens Coalition
president Stephen Harper, who launched the legal challenge to the gag
law. "Justice Cairns has restored an important right for all Canadians
and dealt a stunning defeat to those in the political establishment
who want to shut citizens up during electoral debates."
Harper
noted that in his judgement, Justice Robert Cairns ruled that there
was no evidence whatsoever that unregulated independent political spending
resulted in unfair elections.
"Cairns
demolished the evidence and assertions of the federal Liberals and Chief
Electoral Officer Jean Pierre Kingsely who claimed that allowing citizens
to spend their own money to express their own views was somehow harmful
to democracy," says Harper. "The Judge clearly ruled that gag laws cannot
be justified in a free and democratic society."
The gag
law made it illegal for private citizens or groups to spend more than
$150,000 of their own money to comment on political parties, candidates
or "issues associated" with parties and candidates during federal elections.
The limit in any one constituency was $3000.
Harper,
however, was disappointed that the judge did not also overturn the regulatory
regime of the gag law.
"We will
appeal that portion of his ruling," says Harper. "We don't think it's
consistent with the rest of his judgement."
This marks
the fourth time the NCC has been successful in overturning election
gag laws in the courts.