Important Update- Ontario Court strikes down key provisions of Bill 254

Dear colleagues,

Following up on yesterday’s note, I wanted to bring to your attention an important update.

As you might have seen in the news, yesterday afternoon, the Ford Government announced that they will be invoking the notwithstanding clause of the Charter of Rights and Freedoms to bypass yesterday’s Ontario Superior Court ruling that struck down many of the new changes to the Ontario Election Finances Act introduced under Bill 254.

The government has recalled the Ontario Legislative Assembly (the Legislature had risen for the summer on June 3^rd) to reconvene today. They will be introducing legislation, invoking the Constitution’s notwithstanding clause to override the court decision. This would be the first time in Ontario’s history that the Constitution’s notwithstanding clause is used.

This is a very concerning development and we will continue to keep you updated. In the meantime, we encourage you to be cautious regarding your political advocacy or advertising and seek legal advice if you have particular concerns or questions.

For more information and to join Ontario Federation of Labour’s campaign to Defend Ontario’s Democracy: https://bit.ly/3gsQvH3

In Solidarity,

Jenny

Jenny J.H. Ahn

Executive Director

Ontario Confederation of University Faculty Associations (OCUFA)

Cell: (437) 855-4614

17 Isabella Street

Toronto, ON Canada M4Y 1M7

www.ocufa.on.ca

From: Martyna Siekanowicz On Behalf Of Jenny Ahn
Sent: June 9, 2021 3:13 PM
Subject: Ontario Court strikes down key provisions of Bill 254

Dear colleagues,

In a decision on June 8^th, The Ontario Superior Court of Justice struck down various restrictions to third party political advertising previously introduced by the current government under Bill 254.

As discussed at the May Board meeting, Bill 254 (Protecting Ontario Elections Act, 2021), which received royal ascent in early May, made several important changes to the Election Finances Act (EFA). Chief among those changes were the lengthening of the non-election period from 6 to 12 months, restricting issue-based advertising and advocacy, broadening of the definition of what constitutes collusion and new and onerous reporting requirements for third party organizations such as trade unions.

Following a constitutional court challenge mounted by Working Families (a not-for-profit organization with roots in the labour movement) and supported by three major education unions (ETFO, OECTA and OSSTF), Justice Edward Morgan of The Ontario Superior Court of Justice announced their decision yesterday nullifying, effective immediately, key provisions of the government’s Bill 254 due to violations of the Charter of Rights and Freedoms.

The changes based on Justice Morgan’s ruling include:

Removal of pre-election period spending limits. Spending limits for the election period (the period after the writ drop) remain intact;
Limiting the definition of political advertising to election-oriented communications only;
Removal of all interim reporting requirements to Elections Ontario. The requirement for a final report following the election remains intact;
Removal of most of the new anti-collusion and deemed contribution rules.

It’s important to note that there may be further changes in the upcoming weeks and months, as the Government may seek to appeal the Court’s decision or introduce new legislation. We will keep you posted of any further updates.

You can read a copy of the court’s decision here: https://www.canlii.org/en/on/onsc/doc/2021/2021onsc4076/2021onsc4076.pdf