Elections Ontario asked to divulge complaints from MPPs that could muzzle community groups
Housing Minister Steve Clark asked for probe into actions of three groups under new election finances law.
By Noor JavedStaff Reporter
Kristin RushowyQueen's Park Bureau
Mon., Oct. 25, 2021timer3 min. read
Elections Ontario needs to disclose the number of complaints it has received from MPPs about election advertising laws after one cabinet minister "weaponized" new, controversial rules by asking for a probe into three grassroots organizations, says the Canadian Civil Liberties Association.
"Under the new third party spending regime — which the CCLA and others are fighting in court, onerous new restrictions have been enacted to muzzle community activists and other local organizations. The system has already been weaponized by one government minister, Steve Clark, against groups in his own riding," the association said in its announcement Monday morning.
Cara Zwibel, director of the association's fundamental freedoms program, said Elections Ontario "must immediately disclose whether and how many other complaints have been filed under this system by MPPs. We must have full transparency and know how many groups are being intimidated and muzzled by the government."
Zwibel is also asking any community groups that have been targeted by politicians to reach out to the CCLA.
Zoë Knowles, Clark's director of communications, said in response to questions about the CCLA's comments that the minister "will continue to listen and respond to issues in his local community, where he has proudly served as the member of provincial parliament since 2010."
Clark complained to Elections Ontario last month about spending by three groups, including two in his eastern Ontario riding that oppose the province's move to build a new prison in Kemptville, a community of 4,000. He said they were "conducting unregistered third-party political advertising" by sending out mail and putting up lawn signs to bring attention to the proposed facility.
The Coalition Against the Proposed Prison (CAPP) and the Jail Opposition Group (JOG) have been vocal about the lack of consultation around the province's plans to build a maximum-security, 235-bed facility in Kemptville, which has no social services, shelters, court or public transit.
Colleen Lynas, head of CAPP, has said she was "stunned" to learn of the allegation that the non-partisan group of retirees was breaking the law.
On Monday, she said it was concerning "a member of the provincial legislature and a minister of the Crown would use his position of power to take such a heavy-handed approach against his own constituents. From our perspective, it feels as if Minister Clark was trying to silence us."
Elections Ontario dismissed Clark's complaints against the two Kemptville groups, but directed the third group he'd complained about — Peaceful Parks Coalition — to register as a third-party advertiser.
AnnaMaria Valastro with the parks coalition said "the rules are not simple."
She said after Peaceful Parks Coalition received the complaint, she began the process of registering it as a third-party advertiser, only to find out that it was complicated and cumbersome process that required hiring a certified accountant — something her small group could not afford.
"They should really leave people alone and accept the spirit of a democratic electoral system, where citizens embrace their role in the election," Valastro said.
"Citizens have a right to talk to their neighbours. They have a right to discourage the voting of the candidate that, in their opinion, has failed them or encourage a candidate that will represent them — and if there is some genuine concern around super (political action committees), then the policy should address that directly."
Last summer, the Ford government was criticized for invoking the rarely used "notwithstanding clause"of the Canadian Charter of Rights and Freedoms to force through spending limits on third-party advertising, capping it at $600,000 up to 12 months before an election. Any organization spending more than $500 on political advertising must now also register as a third party.
Knowles previously told the Star that Clark had "heard from several concerned constituents about increased political activity from third-party organizations in the riding."
But critics say the definition of what political advertising is remains unclear, meaning the complaints process could be used to deter those who might want to speak out on an issue.
The CCLA is an intervener in the court challenge.
Elections Ontario told the Star in an email that it "does not comment on whether it has received complaints. We do report on the number and type of complaints at the end of the fiscal year in the annual reports submitted to the Legislative Assembly of Ontario and made available on our website."
Noor Javed is a Toronto-based reporter for the Star covering city news with interest in 905 municipal politics. Follow her on Twitter: @njaved
Kristin Rushowy is a Toronto-based reporter covering Ontario politics for the Star. Follow her on Twitter: @krushowy
Anyone can read Conversations, but to contribute, you should be registered Torstar account holder. If you do not yet have a Torstar account, you can create one now (it is free)
Conversations are opinions of our readers and are subject to the Code of Conduct. The Star does not endorse these opinions.