Money and Elections: Can Citizens Participate on Fair Terms amidst Unrestricted Spending?

Abstract

AbstractIn 1996 the Alberta Court of Appeal struck down election spending limits for individuals, interest groups, corporations and unions for violating the Canadian Charter of Rights and Freedoms. These spending restrictions were part of a complex regulatory regime which sought to promote fairness by controlling the election spending of candidates and parties. Although this decision was not appealed to the nation's highest court, the Supreme Court disapproved the Alberta ruling in an unrelated decision. This suggests that spending limits are justifiable under the Charter. Yet if new legislation is not introduced, the Alberta decision will continue to govern election conduct throughout the country and could undermine the democratic ideal of citizens participating in fair terms in the act of self-governance.