An Ontario Superior Court judge has said voters and not courts should hold politicians accountable for broken election campaign promises.
Here's some excerpts from the Globe and Mail story:
An Ontario Superior Court judge has absolved Ontario Premier Dalton McGuinty of breaking an elaborately signed contract promising not to raise or create new taxes, saying anyone who believes a campaign promise is naive about the democratic system.
If anyone who voted for a politician based on a particular promise later were to go to court alleging a breached contract, ”our system of government would be rendered dysfunctional. This would hinder, if not paralyze, the parliamentary system,” Mr. Justice Paul Rouleau said.
The judge was ruling on a request from the Canadian Taxpayers Federation to quash the Liberals' new health premium on the grounds that it broke an election promise.
”Imposing a duty of care in the circumstances such as exist in the present case would have a chilling effect and would interfere with the concept of parliamentary sovereignty,” he said. ”To allow claims for negligent representation to be made based on these would raise the spectre of unlimited liability to an indeterminate class.” ...
”It is hoped that, if elected, the politicians and their parties will keep their promises and will follow through with the pledges given,” Judge Rouleau said in the ruling.
”That said, however, few people would consider that all of the promises made and pledges given constitute legally binding documents between the candidate and the elector or electors to whom those promises or pledges were given.”
The story noted that in this case, McGuinty was hardly shouting something over his shoulder in the heat of a campaign moment.
McGuinty signed a document with great pomp and ceremony saying he would not either raise taxes or implement new one without first seeking the approval of Ontario voters in a referendum. He also promised balanced budgets and to follow the Taxpayer Protection and Balanced Budget Act.
What made this exercise particularly cynical is that there were plenty of voices warning the provincial deficit would come in at a much higher figure than even the $2 billion McGuinty was planning on.
A Fraser Institute economist said the actual deficit would be $4.5 billion.
McGuinty was continually asked about this and kept saying everything had been costed out and he'd be able to stick with his plan.
The real deficit came in around $5.6 billion.
The deficit and other unfulfilled commitments have earned McGuinty the label of promise-breaker.