Working Families, an anti-Conservative coalition of public and private-sector unions and individuals, failed to overturn legislation reining in third-party capacity to advertise.

By Sheila Copps
First published in The Hill Times on December 13, 2021.

OTTAWA—An Ontario provincial court judgment just muzzled Doug Ford’s greatest opposition voice.

Working Families, an anti-Conservative coalition of public and private-sector unions and individuals, failed to overturn legislation reining in third-party capacity to advertise.

Previous restrictions on third-party advertising had been thrown out by the courts on the grounds that they violated the Canadian Charter of Rights and Freedoms.

The Ford government invoked the notwithstanding clause of the Charter in order to introduce legislation that knowingly violates the Canadian Constitution.

The Canadian Civil Liberties Association joined unions and individuals in the unsuccessful appeal, claiming the law may “unreasonably chill people’s willingness to criticize the government or to engage in campaigns related to important policy issues of the day.”

In its factum to the court in November, CCLA argued that restrictions governing the right to vote, violated a Charter right that cannot be overridden by the application of the notwithstanding clause.

Ontario Superior Court Justice Ed Morgan disagreed with that interpretation, claiming third-party restrictions do not infringe on voters’ rights to meaningful participation in the electoral process.

The same judge had previously ruled that the government restrictions on third-party advertising were a violation of the Charter.

The new legislation sets a $600,000 spending limit for advertising campaigns while extending the advertising restrictions from six months to one year before an election.

This further limit on ad spending, prompted unions to argue that the ruling would render third party campaigns toothless.

Union lawyer Paul Cavaluzzo was quoted as saying, “they don’t see how an election can be fair and legitimate when the government …violated their free speech … the court has found that independent third parties have the constitutional right to run ineffective campaigns.”

All this makes great fodder for lawyers on all sides. And in the end, it could have a profound impact on all future election outcomes.

Working Families spent more than $2-million in the campaign that brought Liberal leader Kathleen Wynne to power.

Polls were predicting a Tory win, but Canada’s first elected lesbian leader swept to power when forces opposing Conservative leader Tim Hudak combined to give Wynne the edge.

Wynne moved the Liberals from minority to majority in 2014, marking the fourth successive Grit election victory.

That win was the result of a call by Working Families to vote strategically against the Conservatives, whose campaign promises included a pledge to fire 100,000 public servants.

The third-party campaign was backed up by advertising targeted to let voters know what impact firings would have on teachers and nurses.

Wynne won because most voters who opposed Tory cuts voted for the candidate in their riding who could best defeat the Conservatives.

In previous Ontario elections, centre-left voters often split their ballots between the Liberals and the New Democrats.

The Progressive Conservatives managed to govern in Ontario for 42 years straight by effectively splitting the opposition down the middle.

Until 2014, union help generally went to the New Democrats, but Working Families changed that dynamic as well.

By joining forces in favour of workers, the organization managed to bridge the divide that has always existed between Liberals and New Democrats.

That bridge has definitely worked in favour of the Liberals, as it has been the party best positioned to defeat the Conservatives in an election.

The same strategic vote at the federal level has permitted the Liberals to remain in power for three terms. Progressive voters in Canada definitely outnumber conservatives.

Ford’s court victory last week will definitely change that dynamic.

In this instance, the change will affect the New Democrats most, since in sheer numbers, they are currently best positioned to replace the Tories if progressive voters unite.

If progressives splinter, as is likely the case in the absence of an effective third-party coalition like Working Families, the biggest political winner will be Ford.

Last week’s decision will probably be appealed, with the final ruling in the hands of Canada’s Supreme Court.

Whether that esteemed group will be prepared to validate a court-recognized violation of the Canadian charter remains to be seen.

Whatever their decision, Ontario is heading to the polls in less than six months.

Any definitive court ruling will likely not be heard before that date.

In the absence of effective third-party voices, the current government has definitely strengthened its chance for re-election.

However, current issues like the ragged handling of the pandemic, may outweigh the absence of a strong third-party Working Families information campaign.

In any case, Ford breathes easier today.

Sheila Copps is a former Jean Chrétien-era cabinet minister and a former deputy prime minister. Follow her on Twitter at @Sheila_Copps.

By SHEILA COPPS

First published on Monday, November 27, 2017 in The Hill Times.

OTTAWA—Ontario Premier Kathleen Wynne may have just governed her way to victory last week.

With passage of a labour bill hiking the hourly minimum wage to $15, Wynne set the stage for an election showdown with the Conservatives.

The Tories, who voted against the bill, are banking on the fact that business owners oppose the hike. The government says the changes will affect more than one-quarter of the workforce, including part-time workers. The legislation also provides for long-term statutory cost-of-living increases.

But politics is a numbers game. And one-quarter of the workforce adds up to a lot of votes.

This minimum wage fight provides a platform for the Liberals to campaign from the left, effectively neutering the New Democratic Party.

For the Liberals to win, they need to attract left-leaning voters to ensure the race becomes a split between the left and the right.

In voting against the bill last week, Conservative leader Patrick Brown played right into Wynne’s plan. That was a surprise because right up until the vote, Brown had managed to eschew the right-wing mantra that destroyed his predecessor Tim Hudak.

Hudak, who was on the conservative wing of the Progressive Conservative Party, sunk his own election chances by announcing a crazy plan to revive the economy by firing 100,000 civil servants.

That promise killed him, and should have been a harbinger to Brown’s team that campaigning from the right will not work in Ontario.

Had Brown supported the minimum wage hike, it would have been a non-issue in the election. Instead, the Conservatives have just handed a giant wedge issue to the Grits. And they are going to run all-out with it.

Six months ago, the prevailing view was that the Wynne Liberals were dead in the water.

Brown and the Conservatives were positioned to win in an election slated early next June, with the Grits lagging behind.

The New Democrats, led by experienced and articulate Andrea Horwath, would hang onto their core vote and pick up some seats from the fading Liberals.

For the New Democrats to experience any kind of a bounce, they need a wedge issue that separates them from the government.

Wynne, who has moved aggressively on traditional “left-leaning” issues like support for the LGBT community and anti-harassment legislation, has not given Horwath much wiggle room.

Meanwhile Tory leader Brown has been travelling the province, quietly honing his French-language skills, and avoiding mistakes.

A few messy Tory nominations created ripples, but political insiders know that hotly-contested nomination fights are usually a portent of a winning election.

The first indication that a party’s electoral chances are waning is when it cannot attract multiple candidates to a nomination.

The recent spate of retirement announcements by senior Liberal ministers is another signal that experienced politicians sense a sea change in the offing.

All Brown had to do was to occupy the muddling middle of the political spectrum and the change theme would have carried him to victory.

Politics is the one profession where the more experience you get the more people want to get rid of you. And the Liberals have already accomplished the near impossible; by getting elected for four successive terms with two different leaders. They have been in power for 14 years. Under those circumstances, defeat should be preordained.

However, Ontario has a historical habit of voting for years for single parties as long as they occupy the centre ground.

The Progressive Conservative run in the province was uninterrupted for more than four decades. Red Tory rule included respected leaders like John Robarts and William Davis, both of whom cherished their reputation for civility and moderation.

Instead of exploiting Liberal mistakes, the Tories have now set the stage for a single-issue campaign.

It will be the third election in a row where the Tories have defined their campaign on the wrong side of a wedge issue.

The first was when leader John Tory offered full funding for all religious schools. That promise led to his defeat.

This time, the decision to oppose a minimum wage hike puts the party at odds with one quarter of the potential electorate even before the campaign starts.

At the end of the day, there are more workers than owners.

“I’d rather walk with the workers than ride with General Motors,” was a famous quote from a former Liberal labour minister who resigned when the government of Mitch Hepburn introduced anti-union legislation back in 1937.

It stands the test of time.

Sheila Copps is a former Jean Chrétien-era cabinet minister and a former deputy prime minister. Follow her on Twitter at @Sheila_Copps.