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Premier Expected to Use Notwithstanding Clause to Reverse a Court Decision

Wednesday, 9 June 2021 at 16:43

Premier Doug Ford is expected to use the notwithstanding clause to reverse a court decision on election advertising limits.

Premier Doug Ford is going to recall the legislature tomorrow, which is currently on summer break.

The clause has never been used in Ontario. It allows the Government to override sections of the Charter of Rights and Freedoms. At issue is the Election Finances Act.

The Act previously allowed third party advertisers to spend up to $600,000 six months prior to an election. The Ford Government expanded that to 12 months, a decision that was deemed unconstitutional by Ontario Superior Court Justice Edward Morgan.

Opposition leaders have taken the Premier to task over the decision. Ontario Liberal Leader Steven Del Duca says Doug Ford will do anything to cling to power.

"Invoking the Notwithstanding Clause to overturn a court decision to protect our freedom of expression is outrageous. This is Doug Ford’s latest assault on the Charter. Just like he attacked civil liberties by instituting province-wide carding, he’s attacking our right to free speech."

NDP leader Andrea Horvath says how can anyone ever justify silencing people by cancelling their constitutionally protected rights?

“Families of long-term care residents, parents of children with autism, teachers and school communities, working people, environmental advocates, and frontline health care workers have the right to free speech. This is Doug Ford’s desperate attempt to muzzle the very people he’s supposed to serve."

The legislature is expected to resume at 3:00 pm on Thursday.

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