Hillier fighting Ontario’s election fundraising law
MPP argues that as an Independent, his charter rights are being violated
A veteran MPP is challenging Ontario’s election finance laws as unconstitutional. Independent MPP Randy Hillier (Lanark-Frontenac-Kingston) is arguing that his charter rights are being violated by the province’s Election Finances Act.
That’s because under the existing provincial law, it is illegal for him to raise money for his political campaigns because he is no longer affiliated with a party.
Until Premier Doug Ford defenestrated him from the Progressive Conservative caucus in March for being outspoken, Hillier notes that he was able to raise money whenever he liked.
He was also eligible for the annual per-vote subsidies that all party-affiliated MPPs currently receive.
Now, that public money will go toward the local Tory riding association, meaning the vote tally Hillier garnered in the 2018 election will bankroll the PC candidate running against him in 2022.
“I have no doubt that political parties do not want to see this change. It’s a closed marketplace for political representatives,” the 12-year MPP said Wednesday at Queen’s Park.
“The law actually prohibits me and any other Independent member from raising funds for my re-election.”
MPPs from registered parties — including the Conservatives, the New Democrats, the Liberals and the Greens — can raise funds at any time.
Independent members are restricted to seeking contributions only during the four- or five-week writ period of an election.
In a bid to get the law struck down, Hillier has filed a notice of application with Ontario’s Superior Court of Justice and launched a website to build public support for his cause. Lawyer Asher Honickman said he believes his client has a good case.
“The courts have made it clear that these sorts of laws would contravene Section 3 of the charter, which provides the right to vote,” Honickman said.
“I think where the battleground is really going to happen is at Section 1 — whether it’s a reasonable limit. All I’ll say on that score is I think we have a really good chance.”
There are three former Tory MPPs sitting as Independents in the 124-member legislature. The other two are Amanda Simard (Glengarry-Prescott-Russell) and Jim Wilson (Simcoe-Grey).
Hillier was ousted earlier this year for standing up to Ford and the premier’s former chief of staff, Dean French, over what he dubbed “a culture of fear” in the government at that time.