right to free expression, but on election speech, the core freedom of any democratic society. And it impacts on all Canadians, not just on those groups who wish to advertise. That’s because free speech is a two way street. It means being able to speak out, but also to listen, to hear different ideas. But the gag law prevents Canadians from hearing differ-
ent viewpoints. In short, it’s not only undemocratic, but anti-democratic. Indeed, that’s why a similar American gag law was shot
down last year in the United States. In January 2010, the US Supreme Court ruled the US
gag law was unconstitutional, with Justice Anthony M. Kennedy writing “If the First Amendment has any force it prohibits Congress from fining or jailing citizens, or asso- ciations of citizens, for simply engaging in political speech.” Here in Canada, our own Supreme Court took a dif-
ferent view in 2004 when it ruled Canada’s gag law was constitutional.
So does that mean, like it or not, the gag law is here to stay? Maybe not. The fact is there is someone currently in Ottawa who
understands perfectly well the dangers of election gag laws – his name is Stephen Harper. Indeed, it was Harper who launched the constitutional
challenge to the gag law that eventually ended up in the Supreme Court. At the time he was president of the National Citizens Coalition, though he challenged the law as an individual, hence the case is known in law books, as “Harper v Canada.” And Harper was still committed to restoring free elec- tion speech after he left the NCC. In fact, during the 2004 Conservative Party leadership
race, he signed an NCC “Free Speech Protection Pledge.” It declared: “I Stephen Harper, pledge if elected Prime Minister to protect the democratic freedom of all Canadi- ans by immediately repealing those sections of the Canada elections Act (commonly known as the election gag law) which deny Canadians the opportunity to freely and ef- fectively participate in the democratic process.” Of course, when he led a minority government, it was prob-
ably impossible for the Prime Minister to keep that pledge. But now it’s different. Now he leads a majority, mean-
ing there are no legislative obstacles in his way should he decide to keep his promise. And I hope he does. Gag laws have no place in a free and democratic society.
Gerry Nicholls is a communications consultant and former vice presi- dent of the National Citizens Coalition.
www.gerrynicholls.com
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