WHAT: BCCLA at Supreme Court of Canada to intervene in Attorney General of Ontario v Working Families Coalition (Canada) Inc., et al. to argue that the right to vote cannot be limited without justification  

WHEN: May 22, 2024, at 6:30 am PST

WHERE: Supreme Court of Canada (Ottawa) webcast link available

Ottawa, ON (unceded Anishinaabe Algonquin Territory) – The BC Civil Liberties Association (BCCLA) will present oral arguments as an intervener at the Supreme Court of Canada’s hearing of Attorney General of Ontario v Working Families Coalition (Canada) Inc., et al. This case involves the constitutionality of third-party pre-election spending limits.

In 2021,Ontario extended the pre-election period where third-party ad spending is limited. The law was successfully challenged in court as violating the freedom of expression of labour organizations and other groups. After this loss, Ontario redrafted the law using the notwithstanding clause to protect it from judicial scrutiny. A second legal challenge was brought, this time arguing that the law violates the voting rights of the public, which cannot be limited by the notwithstanding clause. After losing a second time, Ontario now appeals to the Supreme Court of Canada.  

The BCCLA argues that it was appropriate and necessary for the lower court to consider contextual factors in finding a breach of democratic rights. When the public’s right to meaningfully participate in the democratic process is limited, governments should have to justify their actions.

The BCCLA is represented by Greg Allen and Alex Mok of Allen / McMillan.