In 2021 Ontario extended the pre-election period where third-party ad spending is limited. The law was successfully challenged in court as violating 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 appealed to the Supreme Court of Canada. 

Ontario argues that the Court of Appeal improperly imported a justification analysis into the s. 3 framework. Our position is that the Court was simply applying a contextual analysis, which necessarily includes some consideration of the goals, effectiveness, and negative consequences of the challenged law.