The appellant posted federal election results from Atlantic Canada on his website before polling stations had closed in other parts of the country, violating s. 329 of the Canada Elections Act.
He challenged the constitutionality of the provision, arguing it infringed his freedom of expression under s. 2(b) of the Charter.
The Supreme Court of Canada held that while the publication ban infringes freedom of expression, it is a reasonable limit demonstrably justified under s. 1 of the Charter.
The majority found that the ban serves the pressing and substantial objective of ensuring informational equality among voters and maintaining public confidence in the electoral system, and that the salutary effects of the brief delay in publication outweigh its deleterious effects.
