Aylmer backs down on election speech restrictions after legal warning

The Town of Aylmer, Ontario has backed down from restrictions on political speech after receiving a legal warning from the Canadian Constitution Foundation over rules governing candidates in the upcoming municipal election.

The town revised its election guidance after CCF counsel Alexander Surgenor warned officials that the restrictions were an unconstitutional and overly broad interpretation of the municipality’s own bylaw.

The original guidance imposed some unusual restrictions on candidates campaigning in public spaces. Candidates were told that splash pads, bandshells and even water towers could not appear in social media content filmed for campaign purposes. The guidance also suggested candidates could not set up campaign booths at private events being held in public parks. 

Surgenor wrote to the town on August 7 after reviewing its July 31 “Q&A for Prospective and Registered Candidates,” calling on officials to remove the restrictions.

Aylmer has now done so, and the CCF says it considers the dispute resolved.

“We’re very pleased to hear that the guidance has been revised appropriately,” Surgenor said, adding that the new rules provide clarity for candidates and should serve as a warning to other municipalities to respect freedom of expression.

“Discourse and political debate are essential, especially during an election,” he said. 

CCF interim litigation director Josh Dehaas also welcomed the reversal, noting the organization was prepared to go to court if necessary.

“While the CCF is prepared to litigate when necessary to defend freedom of speech, we appreciate it when governments correct their behaviour rather than wasting time and money by going to court,” Dehaas said.