Appeal of Election Act ruling slammed by 'gag law' opponents
Globe and Mail
Ian Bailey
Vancouver
Sep. 17, 2009

B.C's Attorney-General is launching an appeal of a provincial Supreme Court ruling that struck down provisions of the Election Act that restricted advertising by third parties before provincial elections…. News of the government appeal brought sharp criticism from foes of the so-called gag law.

"At a time when they are cutting funding to kids' sports groups, they're going ahead with a case they know they're going to lose," said Mike Farnworth, the NDP's House Leader.

"It's a waste of money and all it is is an attempt by this government to try and limit what is said in the runup to the next election."

Susan Lambert, first vice-president of the British Columbia Teachers' Federation, deemed the law "undemocratic and unconstitutional," echoing union criticisms during the court battle that ended with the ruling the government is appealing.

She said in a statement that the appeal was poorly timed, given government cutbacks in education.

Mr. de Jong, reacting to the criticism, said he thought it appropriate for all sides on the issue to present their best arguments to the appeal court so it could rule on the matter.

"I would think that, for the people who see this as an important issue - and I am one of them - they would welcome the opportunity to have the highest court in British Columbia consider the matter and issue a ruling," he said in an interview….

In March, B.C. Supreme Court Justice Frank Cole issued a ruling on the law, siding with seven B.C. labour unions, including the teachers' federation, that challenged the law in court.

He subsequently rebuffed government attempts to suspend his ruling.