CHARLOTTETOWN, P.E.I. - Peter Bevan-Baker is trying to shorten the period of time that he says limits freedom of speech around the upcoming electoral reform referendum.
To do that, the leader of the P.E.I. Greens tabled an amendment to the Electoral System Referendum Act on Wednesday to shorten the restriction time to within the writ period for the next election.
“I think that’s where our greatest peril in terms of constitutionality lies,” said Bevan-Baker.
If it passes, the legislation as written will impose spending limits on advertising for either the "yes" or "no" side in the referendum that will determine whether P.E.I. changes to a mixed member proportional representation system.
The legislation also includes conditions to only allow advertising from approved referendum advertisers during the referendum period, which covers the time from when the bill comes into effect until election day.
Bevan-Baker has repeatedly questioned whether the legislation would stand up to a court challenge on the grounds that it is unconstitutional.
His amendment would mean a standard period of restriction on freedom of speech, advertising and raising money, he said.
“We’re totally familiar with that with elections,” he said.
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The amendment would allow groups that support one electoral system or the other to raise and spend money prior to the election period without restrictions.
With the referendum tied to the next provincial election, Islanders won’t go to the polls until at least October 2019, unless an early election is called.
Premier Wade MacLauchlan said the legislation’s objective is to have a clear question and an unambiguous result in the referendum.
Those objectives won’t be achieved if there is a “free-for-all” that doesn’t stop until there is an election called, said MacLauchlan.
“If there’s going to be a level playing field, it has to start now.”
Vernon-River Stratford MLA Alan McIsaac said he had concerns about the amendment and that if the government doesn’t start giving out funding for the referendum advertisers until the writ then the whole election could be about electoral reform.
During an election, voters want to talk about a lot of different issues, McIsaac said.
“If all of a sudden we’re jammed into this 26 to 32 days with the referendum as the front topic, what’s getting short changed here?”
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North Rustico-Emerald MLA Brad Trivers supported the amendment, saying it simplified things and would make it easier for electoral officers to enforce the rules.
Trivers said he thought the arguments he heard against the amendment were puzzling, especially that Islanders would be overwhelmed by discussions about a referendum during the election campaign.
“I disagree with that wholeheartedly,” he said.
Trivers also disagreed with MacLauchlan’s comments about a free-for-all, and said Islanders live in a democracy with free speech.
“We’re living in a free-for-all right now and you know what? It’s great," said Triver. "I can go and I can talk to anybody about anything and it’s fantastic.”
MLAs did not have a chance to vote on the amendment Wednesday before the house closed for the day.
