B.C. government considers appeal to reinstate election gag law

Last Updated: Monday, March 30, 2009 | 3:22 PM PT

CBC News

Seven unions challenged B.C.'s election spending law in B.C. Supreme Court. (Mike Laanela/CBC)

B.C.'s attorney general said an appeal is likely after the B.C. Supreme Court last week quashed part of the province's so-called election gag law.

Wally Oppal said a government lawyer will ask the court to suspend the ruling pending an appeal decision. If that suspension is granted, Bill 42 will remain in effect leading up to the provincial election, he said.

The election campaign officially starts April 14 and voters head to the polls May 12.

The law limits election advertising by any person or organization that is not a political candidate, riding organization or party to $3,000 in a single electoral district and $150,000 provincewide for the 88 days before an election.

The law was challenged by seven British Columbia labour unions, including the B.C. Teachers' Federation, B.C. Nurses' Union and B.C. Government and Service Employees' Union, who argued the law is unconstitutional.

On Friday, Justice Frank Cole informed lawyers ahead of handing down his formal judgment that he sided with the unions, and will cut the restricted third-party advertising period from 88 days to 28 days.

The Liberal government defends the validity of the law, saying it prevents special-interest groups from dominating election campaigns.