Randy Hillier launches legal challenge of fundraising restrictions on Independent MPPs

Thestar.com
June 11, 2019
Robert Benzie

Maverick MPP Randy Hillier has launched a constitutional challenge with hopes of levelling the playing field between Independent legislators and representatives affiliated with political parties.

Hillier (Lanark-Frontenac-Kingston) has filed an application with the Ontario Superior Court of Justice arguing that the fundraising restrictions imposed on Independent MPPs are unconstitutional.

While MPPs from political parties like the Progressive Conservatives, the New Democrats, the Liberals, and the Greens can raise money year in and year out, Independent members are limited to seeking contributions during writ periods.

“The current election finance laws greatly favour party candidates over Independents, specifically by restricting the ability of Independent members to raise money for re-election,” Hillier said Monday at Queen’s Park.

“This poses significant hurdles and barriers for Independents that other elected members do not face and that were enshrined in law by successive governments intent on preserving the party system,” he said.

Hillier argued that the existing laws “have obstructed the introduction of new people with new ideas to elected office and serve to frustrate the representation of those who share their views in public office.”

He noted that until Premier Doug Ford ejected him from the Tory caucus in March for being outspoken, he was able to raise money whenever he liked. Hillier had also been eligible for the per-vote subsidies that all party-affiliated MPPs receive.

Now, those funds go toward the local PC riding association, which effectively means that the vote tally he received in last year’s election will help bankroll the candidate the Tories field against him in 2022.

Making matters more challenging for him, it is currently “unlawful” for him to try to receive or solicit donations for campaigning until the next election is called three years from now.

“I must wait until the election writ is dropped before I can request from the chief electoral officer the permission to solicit funds,” he said.

“So …you go to less than a 30-day period where you’re allowed to raise funds for your re-election.”

Hillier is one of three former Tory MPPs now sitting as Independent members of the 124-person legislature. The others are Amanda Simard (Glengarry-Prescott-Russell) and Jim Wilson (Simcoe-Grey).