Harper v. Canada (Attorney General)

[2004] 1 S.C.R. 827 (2004)

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Harper v. Canada (Attorney General)

Canada Supreme Court
[2004] 1 S.C.R. 827 (2004)

Facts

Stephen Harper (plaintiff) brought suit against Canada (defendant) challenging the constitutionality of a bill that limited third-party spending on election campaigns. Under the bill, in the six weeks prior to an election, no third party could spend more than $3,000 per riding and no more than $150,000 per individual. The bill also outlawed all advertising on election day. Harper argued that the bill was an unlawful restriction of the right to freedom of expression. Canada replied that the bill was a lawful regulation of third-party spending.

Rule of Law

Issue

Holding and Reasoning (Bastarache, J.)

Dissent (McLachlin, C.J., Major, J.)

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