Libman v. Quebec (Attorney General)
Encyclopedia
Libman v. Quebec [1997] 3 S.C.R. 569 is a Supreme Court of Canada
ruling issued on October 9, 1997, which invalidated part of Quebec's referendum law dealing with the regulation of expenses by third parties during a referendum campaign.
Former leader of the Quebec Equality Party
, Robert Libman
, took the case to court after the 1992 referendum on the Charlottetown Accord
.
The Supreme Court overturned the Court of Quebec
, the Quebec Superior Court
, and the Quebec Court of Appeal
. The section of the Referendum Act which ruled out third party expenditure (s. 404) was considered incompatible with freedom of expression under section 2
of the Canadian Charter of Rights and Freedoms
. The Supreme Court of Canada found that the objectives of the Act "to permit an informed choice to be made by ensuring that some positions are not buried by others" and "to preserve the confidence of the electorate in a democratic process that it knows will not be dominated by the power of money" are valid and praiseworthy. However, ruling out third party expenditure altogether was too restrictive to be justified as a reasonable limit "prescribed by law as can be demonstrably justified in a free and democratic society" as per section 1
of the Charter.
The Supreme Court's judges suggested the Quebec legislature limit expenditure by "private intervenors" to $300 on "publicity expenses" to advertise the intervenor's views on a matter of public interest and raise the ceiling of $600 to organize a meeting to $1000.
As a result of this ruling, the Chief Electoral Officer of Quebec
was forced to drop charges on 20 people prosecuted under the Quebec Referendum Act for illegal spendings during the 1995 referendum on sovereignty
.
Supreme Court of Canada
The Supreme Court of Canada is the highest court of Canada and is the final court of appeals in the Canadian justice system. The court grants permission to between 40 and 75 litigants each year to appeal decisions rendered by provincial, territorial and federal appellate courts, and its decisions...
ruling issued on October 9, 1997, which invalidated part of Quebec's referendum law dealing with the regulation of expenses by third parties during a referendum campaign.
Former leader of the Quebec Equality Party
Equality Party (Quebec)
The Equality Party was a political party in Quebec, Canada, that promoted the use of English in Quebec on an equal basis with French. Four Equality Party members were elected to Quebec's National Assembly in 1989, as part of an anglophone reaction to changes made by the governing Liberals to...
, Robert Libman
Robert Libman
-Background:Born in Montreal, Quebec, he is the son of David Libman and Goldie Aronovitch. He attended Herzliah High School, Vanier College, and received a Bachelor of architecture from McGill University in 1985...
, took the case to court after the 1992 referendum on the Charlottetown Accord
Charlottetown Accord
The Charlottetown Accord was a package of proposed amendments to the Constitution of Canada, proposed by the Canadian federal and provincial governments in 1992. It was submitted to a public referendum on October 26 of that year, and was defeated.-Background:...
.
The Supreme Court overturned the Court of Quebec
Court of Quebec
The Court of Quebec is the Provincial Court of the Canadian province of Quebec.The Court is divided into the following areas; The Civil Division, The Criminal and Penal Division, and The Youth Division. The Chief Judge of the Court of Quebec is Guy Gagnon....
, the Quebec Superior Court
Quebec Superior Court
Quebec Superior Court is the highest trial Court in the Province of Quebec, Canada. It consists of 144 judges who are appointed by the federal government.Chief Justices : [partial listing]* Edward Bowen...
, and the Quebec Court of Appeal
Quebec Court of Appeal
The Court of Appeal for Quebec is the highest judicial court in Quebec, Canada....
. The section of the Referendum Act which ruled out third party expenditure (s. 404) was considered incompatible with freedom of expression under section 2
Section Two of the Canadian Charter of Rights and Freedoms
Section Two of the Canadian Charter of Rights and Freedoms is the section of the Constitution of Canada's Charter of Rights that lists what the Charter calls "fundamental freedoms" theoretically applying to everyone in Canada, regardless of whether they are a Canadian citizen, or an individual or...
of the Canadian Charter of Rights and Freedoms
Canadian Charter of Rights and Freedoms
The Canadian Charter of Rights and Freedoms is a bill of rights entrenched in the Constitution of Canada. It forms the first part of the Constitution Act, 1982...
. The Supreme Court of Canada found that the objectives of the Act "to permit an informed choice to be made by ensuring that some positions are not buried by others" and "to preserve the confidence of the electorate in a democratic process that it knows will not be dominated by the power of money" are valid and praiseworthy. However, ruling out third party expenditure altogether was too restrictive to be justified as a reasonable limit "prescribed by law as can be demonstrably justified in a free and democratic society" as per section 1
Section One of the Canadian Charter of Rights and Freedoms
Section One of the Canadian Charter of Rights and Freedoms is the section of the Charter that confirms that the rights listed in that document are guaranteed. The section is also known as the reasonable limits clause or limitations clause, as it legally allows the government to limit an...
of the Charter.
The Supreme Court's judges suggested the Quebec legislature limit expenditure by "private intervenors" to $300 on "publicity expenses" to advertise the intervenor's views on a matter of public interest and raise the ceiling of $600 to organize a meeting to $1000.
As a result of this ruling, the Chief Electoral Officer of Quebec
Chief Electoral Officer of Quebec
The Chief Electoral Officer of Quebec is the official responsible for the administration of the electoral and referendum system in Quebec, Canada....
was forced to drop charges on 20 people prosecuted under the Quebec Referendum Act for illegal spendings during the 1995 referendum on sovereignty
1995 Quebec referendum
The 1995 Quebec referendum was the second referendum to ask voters in the Canadian province of Quebec whether Quebec should secede from Canada and become an independent state, through the question:...
.