In the News May 31
Ontario Election 2022
Electoral Law Violates Democratic Principles
A fundamental requirement for an election to be considered democratic is that it must be perceived to enable electors to cast an informed vote. In Ontario, the control of the electoral process by ruling elites who empower official media and the cartel parties themselves to control the message and declare the issues, means that the population is given no role to play in debating and deliberating on the direction they want society to take or in providing a mandate to whosoever forms the next government.
In the absence of any forum for political discussion, to be heard requires spending money on advertising. To intervene in an election when not endorsed by a party or permitted to run as an independent, electors who spend more than $500 in a riding or Ontario-wide have to register as “Third Parties.” This seriously impedes free flowing political discourse which is pushed into the realm of spending money to make advertisements and the like. The so-called third party regulations underscore the fact that in any election the participation of the citizenry has been systematically eliminated.
A feature of this election is that even what are called all-candidates meetings were very few. Conservative candidates as a whole were instructed not to attend – possibly because they could not be trusted to properly handle the identity politics of the Liberals and NDP. Meetings were reduced to contests between the Liberals and NDP to show who would best nickel-and-dime the treasury to put money into the pockets of Ontarians. In other cases, they were cancelled for lack of response from the candidates of the cartel parties.
Third Party regulations also have the impact of discouraging people from participating in elections because the registration and reporting requirements are onerous and the law is far from clear. In this election most of the advertising has been on social media, targeting the members and supporters of the advertiser. This means that the polity as a whole is deprived of their point of view in the election which has been more lacklustre than most.
The cartel parties say that the purpose of the law is to prevent money having an undue influence in elections but the regulations create a situation where political activities that have nothing to do with spending money could be considered infractions of the law. This is particularly the case when the cartel of parties that created the concept of “third parties,” which in fact means everyone except themselves, and the need to regulate them, are quick to accuse third parties of being in violation of the law.
This was the situation faced by Kemptville community groups formed after the Conservatives announced plans in 2021 to build a 235-person Eastern Ontario Correction Centre in Kemptville, for completion by 2027. The Conservatives said they were interested in holding “public engagement” meetings but when two groups, the Coalition Against the Proposed Prison and the Jail Opposition Group, started holding protest activities in September of last year Minister of Municipal Affairs and Housing Steve Clark filed a complaint with Elections Ontario alleging they were breaking the law by selling anti-prison lawn signs and raising funds for mail-outs outlining their concerns. According to a spokesperson for MPP Clark, he did not file a “complaint.” It was merely an “inquiry” after hearing “from several concerned constituents about increased political activity from third party organizations in the riding.”
Elections Ontario determined that the groups’ activities did not meet the definition of political advertising. An environmental group in the riding, the Peaceful Parks Coalition, was also investigated. The activity of the coalition, which advocates for stricter environmental regulations and against deregulation which is harming natural habitats, was included in the “inquiry” by Minister Clark who is also the MPP for the riding. Elections Ontario reviewed their activity and advised the coalition that they weren’t in compliance with the law, and would have to register as a third party, which they did.
Following this incident, which became public only because the groups spoke out, the Canadian Civil Liberties Association called on Elections Ontario to disclose all complaints regarding third party spending that have been filed by sitting MPPs. “Elections Ontario must immediately disclose whether and how many other complaints have been filed under this system by MPPs,” Cara Zwibel, Director of the Fundamental Freedoms Program at the CCLA told reporters at the time. “We must have full transparency and know how many groups are being intimidated and muzzled by the government.”
“Contrary to the government’s messaging that the law was necessary to target U.S.-like Super PACs spending millions to influence elections, a sitting MPP is using it to silence retirees and community groups who are simply trying to raise awareness in their community,” Zwibel said.
Collen Lynas, head of the Coalition Against the Proposed Prison told the media, “From our perspective, it feels as if Minister Clark was trying to silence us.” “It is concerning that [he] did not contact us first, as his constituents, to discuss any concerns, but rather, he opted to file a complaint as a Minister, alleging that we were breaking the law,” said Kirk Albert, spokesperson for the Jail Opposition Group.
“They should just leave people alone and accept the spirit of a democratic electoral system where citizens embrace their role in the election. If there is some genuine concern regarding SuperPacs then policy should address that specifically,” said AnnaMaria Valastro, Coordinator for the Peaceful Parks Coalition.
Ontario Political Forum, posted May 31, 2022.
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