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ARTICLE · 26 MARCH 2025

Supreme Court Strikes Down Ontario's Third-party Advertising Spending Limits As Unconstitutional

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On March 7, 2025, the Supreme Court of Canada (SCC) issued its decision in Ontario (Attorney General) v. Working Families Coalition (Canada) Inc, 2025 SCC 5.

CanadaGovernment, Public Sector

On March 7, 2025, the Supreme Court of Canada (SCC) issued its decision in Ontario (Attorney General) v. Working Families Coalition (Canada) Inc, 2025 SCC 5.

At issue was the constitutionality of Ontario's legislation that limits third party spending on political advertising in the 12 months leading up to a provincial election writ period. The SCC's decision was released just over a week following Ontario's provincial election on Feb. 28, 2025.

A narrow 5-4 majority of the SCC struck down the legislation as unconstitutional, finding that it violated Ontarians' right to cast an informed vote pursuant to s. 3 of the Canadian Charter of Rights and Freedoms (the Charter). The decision also included two dissents, collectively setting out three competing frameworks for the appropriate s. 3 analysis.

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