7. If there were any doubt as to this conclusion, I think the comments of Bastarache J. in Thomson Newspapers v. Canada (Attorney General), 1998 CanLII 829 (SCC), [1998] 1 S.C.R. 877 at 938-39, 159 D.L.R. (4th) 385 at 429, should put those doubts to rest: Before turning to the justification analysis under s. 1 of the Charter, I pause to note that, in addition to polling, there are various other activities subject to restriction during a federal election. These restrictions, as set out in the Canada Elections Act, include limits on spending and controls on advertising. In my view, it is impossible to make any generalizations regarding the scope or constitutional validity of these provisions. Each type of restriction, including s. 322.1, must be considered in its own context.
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