A cautionary tale.

• Author: Mitchell, Teresa
• Position: Today's trial - Ontario Premier Dalton McGuinty is alleged to have breached a contract by Canadian Taxpayers Federation

Canadians have been pummeled by a hailstorm of elections in the last eighteen months. We have experienced two federal elections within one year and a number of provincial and municipal elections. While we cherish our democratic right to free elections, the process can leave us exhausted. Most of us have had enough political rhetoric to last us for a very long time. A judge with the Ontario Superior Court tried to help us deal with the deluge by cautioning voters that politicians' promises made in the maelstrom of an election campaign cannot be enforced after the storm of the election passes.

The case before the Ontario Superior Court involved an allegation by the Canadian Taxpayers Federation (CTF) that Ontario Premier Dalton McGuinty had breached a contract he made with the Federation that he would not raise taxes. On September 11, 2003, during an election campaign, Mr McGuinty signed a document entitled "Taxpayer Protection Promise" which stated, "I Dalton McGuinty, leader of the Liberal Parry of Ontario, promise, if my parry is elected as the next government, that I will: Not raise taxes or implement any new taxes without the explicit consent of Ontario voters; and Not run deficits. I promise to abide by the Taxpayer Protection and Balanced Budget Act." He went on to win the election and became Premier of Ontario on October 2, 2003. On May 18, 2004, the government delivered its first budget, which announced the introduction of a new health care premium. The Finance Minister, Greg Sorbara, acknowledged that the premium was a new tax but argued that in light of the province's financial situation and the need to improve health care services, the government was left with no reasonable alternative. The CTF begged to differ. It asked the Court of Appeal to rule that Mr McGuinty and Mr Sorbara were in breach of a contract with the CTF, alternatively, that the promise was a negligent misrepresentation, and that the legislation establishing the new health care tax was invalid.

In considering whether or not Mr McGuinty's promise was a legally binding contract, Mr Justice Rouleau commented "In the course of election campaigns politicians and their parties present their election platform to the electorate. In so doing, they commonly make promises and pledge that they will or will not do various things if and when they are elected. It is hoped that, if elected, politicians and their parties will keep their promises and will follow through with the...