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ARTICLE · 30 MARCH 2023

The Constitutional Validity Of Third-Party Spending Limits

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On March 6, 2023, the Court of Appeal for Ontario released its decision on the constitutional validity of third-party spending limits in Ontario's election legislation.

CanadaGovernment, Public Sector
Debbie Boswell
Debbie Boswell
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On March 6, 2023, the Court of Appeal for Ontario released its decision on the constitutional validity of third-party spending limits in Ontario's election legislation.1 Third-party spending limits refer to limitations on what a third-party (i.e., not a candidate or political party) may spend on political advertising before a provincial election.

The third-party spending limits were challenged under section 3 of the Charter, which guarantees democratic rights. The questions before the Court were whether the third-party spending limits infringed the informational component of the right to vote, which protects a citizen's right to exercise their vote in an informed manner, and whether Ontario could invoke the notwithstanding clause.

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