Professor Guy Lachapelle

Media appellants challenged the federal election provision prohibiting the broadcasting, publication, or dissemination of new opinion survey results during the final three days of an election campaign.

The majority held that the ban infringed freedom of expression under s. 2(b) of the Charter and was not justified under s. 1 because the measure was overbroad, underinclusive, and failed minimal impairment.

The Court accepted that guarding against the possible influence of inaccurate late polls was a pressing and substantial objective, but found the evidentiary basis for broad deference insufficient and emphasized the central constitutional value of political expression.

The appeal was allowed and the provision was declared of no force or effect.