The Canadian Constitution Foundation says it was prepared to take the Town of Aylmer to court over municipal election guidance it believed restricted political expression and favoured incumbent candidates.The foundation became involved after a local resident raised concerns about rules given to candidates ahead of Ontario’s October 26 municipal elections.“A community member alerted us about the guidance provided to candidates and thought we would be interested given its apparent restriction on ordinary expression,” the CCF said in written responses to the Western Standard.“Municipalities often unwittingly adopt constitutionally dubious rules and procedures. This case was particularly concerning and we knew we had to address it.”The CCF objected in particular to earlier guidance that prohibited candidates from featuring municipal buildings and facilities in campaign material.The organization said the restriction would make it more difficult for challengers to produce recognizable campaign content about local issues while giving an advantage to politicians already known by voters.“Given the guidance’s restrictiveness, particularly the earlier ban on featuring municipal buildings and facilities, challenger candidates’ ability to communicate was hampered,” the foundation said.“Consequently, candidates already known to the public would benefit from the reduced reach and impact of their opponents’ messaging.”.Aylmer has since updated its online guidance, stating candidates may independently photograph or film publicly visible municipal property with their own equipment from locations they are otherwise legally entitled to access.The revised guidance also says candidates may use municipal parks on the same basis as other members of the public, including speaking with residents, canvassing and taking photographs or video.Candidates may also canvass on municipal parks, trails and sidewalks, although fixed campaign displays, booths and tents remain restricted.Merely wearing campaign clothing on town property will not ordinarily violate municipal policy, according to the updated guidance.The town’s election page now emphasizes that its question-and-answer document provides general, plain-language information and “does not itself create legal requirements or prohibitions.”The guidance nevertheless outlines several avenues through which complaints involving candidates could be pursued.“The guidance outlines different enforcement processes, including the Integrity Commissioner process, the Ontario Ombudsman, private legal remedies or the campaign-finance compliance audit process,” the CCF said.Aylmer says complaints submitted to the municipal clerk are intended to obtain compliance and that the clerk is not authorized to impose fines or campaign-finance penalties under the town’s corporate-resources policy.Had the town refused to revise or clarify its rules, the foundation said it was prepared to ask a court to intervene.“The CCF was prepared to pursue a judicial review of the issued guidance, hoping to have it quashed by the Court,” the organization said.Candidate nominations in Aylmer close Friday at 2 p.m. Voters will elect one mayor and six councillors on October 26.
