3RD-PARTY ADVERTISING AND ELECTORAL DEMOCRACY - THE POLITICAL-THEORY OF THE ALBERTA-COURT-OF-APPEAL IN SOMERVILLE V CANADA (ATTORNEY GENERAL) [1996]

As the decision in Somerville x Canada (Attorney General) [1996] indic ates, the courts are continuing to prove hostile to the restrictions o n third-party or independent spending that are set out in the Canada E lections Act. The difficulty is that these restrictions are part of a larger election-expenses regime that is designed to encourage fairness in the electoral competition between parties and candidates. Through an examination of the Somerville case, this paper argues that if the r estrictions on third-party spending are eliminated, then the restricti ons on parties and candidates are sure to fall as well, and Canadian e lections will come to resemble an unregulated, free-for-all. Ironicall y, under these conditions the position of political parties may well b e strengthened in relation to interest groups as the latter become con duits for campaign finance rather than active and visible participants in the electoral process.