Fair Elections and Freedom of Expression Under the Charter

A fundamental principle in Canadian federal elections is that registered participants are bound by strict financial regulations to ensure an equitable election process. An important development in federal elections policy was legislation which prohibited interest groups from financially promoting or opposing candidates during federal elections to prevent unaccountable money from undermining the significance of the expenditure regulations. The legislation was declared unconstitutional for violating freedom of expression in s.2(b) of the Charter. Interest group election expenditures reached unprecedented levels in the 1988 general election and now call into question the ability of the Canada Elections Act to ensure an equitable electoral process.