BC Freedom of Information and Privacy Association
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BC FIPA Intervener Factum regarding Amendments to the Election Act – 15 Aug 2012
BC FIPA filed an Intervener Factum on August 15, 2012 in the Reference concerning the constitutionality of amendments to provisions of in the Election Act, RSBC 1996, c. 106 regarding election advertising by third parties.
BC FIPA argues that there should be a minimum spending threshold to trigger provisions in the Act requiring third parties to register as election advertisers. BC FIPA submits that the absence of a minimum threshold is an unjustified violation of freedom of expression guaranteed under s. 2(b) of the Charter and that without a threshold the proposed amendments are not minimilly impairing and do not survive a section 1 analysis. As an example, the Canada Elections Act includes a minimum threshold of $500.
BC FIPA further argues that the burden is on the government to prove how requiring registration of election advertising sponsors spending less than $500 serves the purpose of the BC Act and the purpose of the provisions requiring registration.
Download the factum (pdf).
Factum of the Intervenor
Constitutional Question Act RSBC 1996, c. 68; Canadian Charter of Rights and Freedoms; A Reference by the Lieutenant Governor in Council set out in Order in Council No. 296/12 dated May 16, 2012 concerning the constitutionality of amendments to provisions in the Election Act, RSBC 1996, c. 106 regarding election advertising by third parties
August 15, 2012
Lawyers for FIPA: Sean Hern and Alison Latmer
BC FIPA filed an Intervener Factum on August 15, 2012 in the Reference concerning the constitutionality of amendments to provisions of in the Election Act, RSBC 1996, c. 106 regarding election advertising by third parties.
BC FIPA argues that there should be a minimum spending threshold to trigger provisions in the Act requiring third parties to register as election advertisers. BC FIPA submits that the absence of a minimum threshold is an unjustified violation of freedom of expression guaranteed under s. 2(b) of the Charter and that without a threshold the proposed amendments are not minimilly impairing and do not survive a section 1 analysis. As an example, the Canada Elections Act includes a minimum threshold of $500.
BC FIPA further argues that the burden is on the government to prove how requiring registration of election advertising sponsors spending less than $500 serves the purpose of the BC Act and the purpose of the provisions requiring registration.
Download the factum (pdf).
Factum of the Intervenor
Constitutional Question Act RSBC 1996, c. 68; Canadian Charter of Rights and Freedoms; A Reference by the Lieutenant Governor in Council set out in Order in Council No. 296/12 dated May 16, 2012 concerning the constitutionality of amendments to provisions in the Election Act, RSBC 1996, c. 106 regarding election advertising by third parties
August 15, 2012
Lawyers for FIPA: Sean Hern and Alison Latmer