| Citation(s) |
|---|
| 2017 SLG 1383 2017 SLD 1383 2017 SCMR 542 |
Supreme Court of Canada
2017 SCMR 542 Supreme Court of Canada File No. 36495,26/01/2017 McLachlin, C.J., Moldaver, Karakatsanis, Wagner,Gascon, Cote and Brown, JJ B.C. Freedom Of Information AndPrivacy Association VS Attorney General Of British ColumbiaAnd Others And Interve
MCLACHLIN, C.J., MOLDAVER, KARAKATSANIS, WAGNER, GASCON, COTE AND BROWN, JJ
B.C. Freedom Of Information And Privacy Association
2017 SCMR 542 Supreme Court of Canada File No. 36495,26/01/2017 McLachlin, C.J., Moldaver, Karakatsanis, Wagner,Gascon, Cote and Brown, JJ B.C. Freedom Of Information AndPrivacy Association VS Attorney General Of British ColumbiaAnd Others And Interve
MCLACHLIN, C.J., MOLDAVER, KARAKATSANIS, WAGNER, GASCON, COTE AND BROWN, JJ
B.C. Freedom Of Information And Privacy Association
B.C. Freedom Of Information And Privacy AssociationVSAttorney GENERAL Of British Columbia And Others And Interveners
Law:
Section:
JUDGMENT THE CHIEF JUSTICE - [1] British Columbia's Election Act, R.S.B.C. 1996, c. 106, requires individuals or organizations who wish to "sponsor election advertising" to register with the province's Chief Electoral Officer. This registration requirement applies to all sponsors of election advertising, regardless of how much they spend during the writ period. [2] It is common ground that British Columbia's registration requirement limits the right of expression guaranteed by s. 2(b) of the Canadian Charter of Rights and Freedoms. The question on appeal is whether it is a reasonable and demonstrably justified limit on persons who convey political messages through small-scale election activities like displaying homemade signs in their windows, putting bumper stickers on their cars, or wearing T-shirts with political messages on them. [3] In my view, the Act does not catch small-scale election advertising of this nature. I would therefore dismiss the appeal. I. Legislation [4] The challenge in this case is to the registration requirement that s. 239 of the British Columbia Election Act imposes on the sponsors of election advertising. This Court has upheld a registration requirement for third parties who spend at least $500 on election advertising: Harper v. Canada (Attorney General), 2004 SCC 33, [2004] 1 S.C.R. 827, at paras. 142-46, per Bastarache J., and para. 48, per McLachlin C.J. And Major J. [5] Section 239, by contrast, requires anyone who is a "sponsor" of "election advertising" to register: Election advertising sponsors must be registered 239 (1) Subject to subsection (2), an individual or organization who is not registered under this Division must not sponsor election advertising. (2) A candidate, registered political party or registered constituency association is not required to be registered as a sponsor if the individual or. Organization is required to file an election financing report by which the election advertising is disclosed as an election expense. (3) An individual or organization who is registered or required to be registered as a sponsor must be independent of registered political parties, registered constituency organizations,…