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Harper v. Canada (Attorney General)
Encyclopedia
| Harper v. Canada (Attorney General) | ||||||
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 Supreme Court of Canada |
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| Argued February 10, 2004 Decided May 18, 2004 |
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| Holding | ||||||
| Spending limits in the Canada Elections Act Canada Elections Act Canada Elections Act is an Act of the Parliament of Canada respecting the election of members of parliament to the Canadian House of Commons, repealing other Acts relating to elections and making consequential amendments to other Acts.... are constitutional. |
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Harper v. Canada (Attorney General), [2004] 1 S.C.R. 827, 2004 SCC 33, is a leading decision of the Supreme Court of Canada
Supreme Court of Canada
The Supreme Court of Canada is the highest court of Canada and is the final court of appeals in the Canadian justice system. The court grants permission to between 40 and 75 litigants each year to appeal decisions rendered by provincial, territorial and federal appellate courts, and its decisions...
wherein the Court ruled that Canada Elections Act
Canada Elections Act
Canada Elections Act is an Act of the Parliament of Canada respecting the election of members of parliament to the Canadian House of Commons, repealing other Acts relating to elections and making consequential amendments to other Acts....
's spending limits on third party election advertising does not violate section 2(b) and 2(d)
Section Two of the Canadian Charter of Rights and Freedoms
Section Two of the Canadian Charter of Rights and Freedoms is the section of the Constitution of Canada's Charter of Rights that lists what the Charter calls "fundamental freedoms" theoretically applying to everyone in Canada, regardless of whether they are a Canadian citizen, or an individual or...
and section 3
Section Three of the Canadian Charter of Rights and Freedoms
Section Three of the Canadian Charter of Rights and Freedoms is a section of the Charter that constitutionally guarantees all Canadian citizens the democratic right to vote in a general federal or provincial election and the right to be eligible for membership in the House of Commons or of a...
of the Canadian Charter of Rights and Freedoms
Canadian Charter of Rights and Freedoms
The Canadian Charter of Rights and Freedoms is a bill of rights entrenched in the Constitution of Canada. It forms the first part of the Constitution Act, 1982...
.
Background
The 1974 Election Expenses Act prohibited third party interest groups, defined as any individual or group other than a candidate or a registered political party, from spending money in promoting or opposing candidates and parties. In 1997, the Supreme Court ruled in Libman v. Attorney General of Quebec that restricting third party spending has a valid object "to permit an informed choice to be made by ensuring that some positions are not buried by others".The Liberal Party of Canada
Liberal Party of Canada
The Liberal Party of Canada , colloquially known as the Grits, is the oldest federally registered party in Canada. In the conventional political spectrum, the party sits between the centre and the centre-left. Historically the Liberal Party has positioned itself to the left of the Conservative...
's government introduced Bill C-2 which became the new Canada Elections Act in 2002. Bill C-2 limited third party election advertising maximum spending to $150,000 nationwide, of which a maximum of $3,000 can be spent on a given electoral district
Electoral district (Canada)
An electoral district in Canada, also known as a constituency or a riding, is a geographical constituency upon which Canada's representative democracy is based...
.
Stephen Harper
Stephen Harper
Stephen Joseph Harper is the 22nd and current Prime Minister of Canada and leader of the Conservative Party. Harper became prime minister when his party formed a minority government after the 2006 federal election...
, then president of the National Citizens Coalition
National Citizens Coalition
The National Citizens Coalition is a Canadian conservative lobby group that campaigns against public services, trade unions, and in favour of smaller government and lower taxes. Incorporated in Ontario in 1975, the NCC was founded by insurance agent Colin M. Brown, who began an advertising...
(he became Prime Minister
Prime Minister of Canada
The Prime Minister of Canada is the primary minister of the Crown, chairman of the Cabinet, and thus head of government for Canada, charged with advising the Canadian monarch or viceroy on the exercise of the executive powers vested in them by the constitution...
in 2006), launched a constitutional challenge in June 2000 to Court of Queen's Bench of Alberta
Court of Queen's Bench of Alberta
The Court of Queen's Bench of Alberta is the superior court of the Canadian province of Alberta....
in Edmonton
Edmonton
Edmonton is the capital of the Canadian province of Alberta and is the province's second-largest city. Edmonton is located on the North Saskatchewan River and is the centre of the Edmonton Capital Region, which is surrounded by the central region of the province.The city and its census...
. The court held that sections 350 and 351 of the Canada Elections Act were unconstitutional. The Alberta Court of Appeal, in a 2-1 decision, ruled on December 16, 2002 that all provisions on third party activities, except for section 358, violates the Charter of Rights and Freedoms.
Ruling
The majority was written by Justice Bastarache with Justice Iacobucci, Arbour, LeBel, Deschamps and Fish concurring.The court found that, though the spending limits infringe upon section 2b of the Charter, the law is reasonable and is justified in light of section 1
Section One of the Canadian Charter of Rights and Freedoms
Section One of the Canadian Charter of Rights and Freedoms is the section of the Charter that confirms that the rights listed in that document are guaranteed. The section is also known as the reasonable limits clause or limitations clause, as it legally allows the government to limit an...
. The majority concluded that the objective of the spending limits is electoral fairness. The law has an effect in creating "a level playing field for those who wish to engage in the electoral discourse, enabling voters to be better informed". In addition, section 3 of the Charter is not infringed because the right of meaningful participation in electoral process includes the right to participate in an informed manner. Without spending limits, individuals or groups can dominate the discussion and prevent opposing views from being heard.
Dissent
Chief Justice McLachlin and Justice Major wrote for the dissent, with Justice Binnie concurring. The dissenting justices argued that the spending limit set out in section 350 of the Canada Elections Act is inconsistent with section 2b of the Charter of Rights and Freedoms as the third party limits were too restrictive. The limit of $3000 was insufficient to purchase a full-page advertisement in a major Canadian newspaper or to initiate a bulk-mailing campaign within a single riding with Canada post. Thus, radio and television communication becomes the "exclusive right of registered political parties and their candidates". Section 351 should also be invalidated because "it is keyed exclusively to the spending limits in s. 350". The justices held that the remaining sections of the Elections Act were unconstitutional but saved by sec. 1.See also
- Elections in CanadaElections in CanadaCanada holds elections for several levels of government: nationally , provincially and territorially, and municipally. Elections are also held for self governing First Nations and for many other public and private organizations including corporations and trade unions...
- Canadian electoral systemCanadian electoral systemThe Canadian electoral system is based on a parliamentary system of government, modelled on that of the United Kingdom.The Canadian federal Parliament consists of:*The sovereign...
- R. v. BryanR. v. BryanR. v. Bryan 2007 SCC 12 is a decision by the Supreme Court of Canada on freedom of expression and Canadian federal elections. The Court upheld a law that prevented the publicizing of election results from some ridings before the polls closed in others....
- Interest group