The applicants challenged the constitutionality of amendments to the Election Finances Act that extended the pre-election restricted spending period for third-party political advertising from six to twelve months.
The court found that the 12-month restriction infringed freedom of expression under section 2(b) of the Charter.
Applying the Oakes test, the court held that while the objective of fostering fair elections was pressing and substantial, the 12-month period failed the minimal impairment test because the government's own experts indicated a six-month period was effective.
The impugned provisions were declared of no force or effect.
