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SUPREME COURT HEARS CHALLENGE TO ELECTION BLACKOUT LAW

 

In October the Supreme Court heard arguments that the publication ban in the Canada Elections Act is an unjustified violation of the Charter right to freedom of expression and freedom of the press. The blackout in the Act prohibits the publication of election results from any part of Canada in areas where the polls have not yet closed.

CCLA Special Counsel Mahmud Jamal and Colin Feasby of the Oslers firm said election results are a vital part of the political process and therefore at the heart of a free and democratic society.

CCLA argued the ban is ineffective because the results are available from U.S. media and foreign internet sources. The evidence is also not at all clear that reporting the results affects how people vote. CCLA General Counsel Alan Borovoy said “… it is for voters ( and not Parliament) to decide what information they regard as relevant in casting their ballot.” The court has reserved judgment on the case.



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