Survey regarding organizations' freedom of expression during Canada's 43rd general election

For decades, the BCCLA has stood up for freedom of expression.

During the recent federal election, we heard concerning reports about how organizations across Canada pulled their punches due to complex elections legislation, confusion regarding Elections Canada policy, and the administrative burden of complying with third party advertising rules.

When the latest federal elections legislation was developed, our policy submission raised concerns about a chill on free expression. (This “chill” can occur when legislation leads individuals or organizations to self-censor out of fear that they will be sanctioned for speaking out.)

Now, we want to make sure we understand how the new law is playing out on the ground. By hearing from organizations across the country, we can ground our advocacy and next steps in the real impacts of current elections law and Elections Canada practices.

Please help us stand up for democratic debate by completing our survey today.

The survey will be open until November 21^st, 2019, one month after the end of the election. If you are uncomfortable submitting this information via survey and would like to speak directly with BCCLA staff, please contact Acting Policy Director Meghan McDermott at [email protected]. Please note that, depending on the volume of such inquiries, it may take us some time to respond.

Disclaimer: Please note that if you are or become the subject of an investigation under the Canada Elections Act, the BCCLA may be required to share information you have provided to us with Elections Canada.

Please note that the content of this survey does not constitute legal or other professional advice or an opinion of any kind. Accessing or completing this survey does not create a lawyer-client relationship. While we will manage your data with care, the BCCLA cannot guarantee the security or confidentiality of information shared through this survey.

Election Chill Survey

Name of your organization *

Mandate/ purpose of your organization

Is your organization

A registered non-profit society or membership-based organization

A registered charity

A business

A union

A grassroots organization with no formal legal entity

Other

If 'Other', please specify

Has your organization experienced a chill on its expression due to federal elections law and/or policy, including third party advertising rules? *

Yes

If yes, what other impacts has your organization experienced?

If yes, did your organization experience a greater chill on free expression during this election as compared to previous elections due to the recent changes to the Canada Elections Act?

Was your organization affected by the following recent changes to the Canada Elections Act? (please select all that apply)

Regulation of third party communications and spending during the pre-election period

Regulation of partisan activities

Regulation of the use of election surveys by third parties

Increased disclosure obligations for third parties

Requirement for registered third parties to open a separate bank account for regulated activities

Other

If 'Other', please specify

Was your organization affected by the rules regarding issue advertising?

Yes

Did you feel that you had good access to information regarding how to comply with federal elections law, policy, and third party advertising rules?

Yes

If yes, was it feasible for your organization to express itself during the writ period? Why or why not? What limitations, if any, did your organization experience? Do you think these limitations were reasonable (for example, to promote a level playing field amongst organizations with different access to financial resources)?

Did your organization obtain legal advice regarding how to comply with elections law and policy?

Yes

If yes, is there anything you would like to tell us about your experience obtaining this legal advice?

Did your organization contact Elections Canada for advice or information regarding how to comply with elections law and policy?

Yes

If yes, is there anything you would like to tell us about your experience obtaining advice or information from Elections Canada?

Did your organization find other sources of information particularly helpful in learning about elections law and policy? If so, what were they?

Did your organization ultimately register as a third party advertiser?

Yes

Why/ why not?

If the administrative burden of complying with elections law and policy contributed to your organization restricting its expression, what particular issues arose? (e.g. concerns re donor privacy or stewardship, lack of capacity to complete Elections Canada reports, lack of capacity to open and manage a separate bank account, database limitations, financial tracking challenges, etc)

Are there aspects of elections law and policy and/or the way that it is currently being implemented that seem counter to common sense, or counter to the goals of a strong democracy, to you? Please explain.

Is there anything else you would like to tell us?

Your Name *

Organizational Role/Job Title (if applicable)

Email *

Phone

Would you like to be contacted by the BCCLA for the following reasons? (please select all that apply) *

Invitations to further conversations/ focus groups/ etc regarding this issue

Updates regarding the BCCLA’s work resulting from this survey and related work on freedom of expression during pre-election and election periods

General updates from the BCCLA – please add me to your email list (you can unsubscribe at any time)

Survey regarding organizations’ freedom of expression during Canada’s 43rd general election

Related News

More Legal Cases

JOIN US AS A PRO BONO LAWYER

Issues