Byelection blackout blues: How Saskatchewan's rules could use a rethink in the digital age

Playing fair is important in sports, cards and political elections.

During a byelection writ period, however, fair play is "probably being interpreted too strictly" for the digital age, according to a Regina political scientist.

Take the current race in the constituency of Regina-Northeast. Six candidates are in the running to fill the seat previously held by former Saskatchewan Party finance minister Kevin Doherty.

Since the byelection was called government officials, including those from Saskatchewan Government Insurance, have declined interviews on topics including a jail fight, a speeding ticket and, most recently, delays caused by highway construction.

'Interviews are not permitted'

"Under by-election rules interviews are not permitted," wrote one spokesperson, who instead provided a statement.

It also means trips away from the legislature for ministers and officials.

"We're holding this here in Saskatoon because by legislation, with the byelection in Regina we can't hold, we can't do media releases in Regina," Finance Minister Donna Harpauer told reporters Monday.

Journalists are all too familiar with the legislation Harpauer is referring to, Section 277 of The Election Act. Enacted in 1996, the legislation prohibits the government from advertising or publishing information during a race, minus certain exceptions like during an emergency.

"During a by-election in a constituency that includes, in whole or in part, a city having a population exceeding 20,000 inhabitants, no government ministry shall publish in any manner in that city any information with respect to the activities of the government ministry," it reads.

Elections Sask. says gov't sets rules

A spokesman for Elections Saskatchewan said that although it administers elections, it does not advise the government on how it should apply this law.

"These restrictions are implemented to minimize the impact that potentially partisan advertising published by a governing party may have on any given electoral contest," spokesman Tim Kydd explained.

Earlier this year, CEO Michael Boda recommended amending some parts of The Elections Act, with an eye toward modernizing the voting process in the province, but none concerned the byelection blackout rules. 

Boda said Tuesday the topic could be covered in an upcoming assessment report on political finances expected this winter.

"Most jurisdictions across Canada place restrictions on government advertising during an election period and it may be of interest to compare Saskatchewan's legislation to that in place in other provinces," he said in a statement to CBC. 

Jim Farney, head of political studies at the University of Regina, said the rules exist to prevent a government from engaging in political moves like announcing a new program targeted to where the race is happening.

The government devised its own set of guidelines for how to follow the law. It defines the term
"publish" as, "any means of broadly communicating or disseminating information."

The rules say news releases in Regina should be kept to a "minimum, and concern only matters of vital importance." Information on government announcements is shared with media outside the city and on the government's website. Spokespeople are supposed to avoid initiating contact with journalists and avoid participating in policy debates.

'Probably being interpreted too strictly'

"I think it's probably being interpreted too strictly or too narrowly. I can see why it's interpreted that way. You could certainly say that we need to have a look at the legislation, but I think it's more the practice that matters," Farney said.

He said it may be appropriate for the government to reconsider some of the rules and its practices with an eye toward the modern digital age of open communication.

"Politicians are essentially now their own broadcasters on Twitter," he said.

"It's weird in an age of Twitter to say well, we'll do something in Lumsden but not Regina. Or we'll make this announcement in Saskatoon and not Regina even though the principals should be in the capital city."

For example, since the byelection was called Premier Scott Moe's Twitter account has featured posts that extol the government's support of small businesses, the natural resources sector, the Trans-Mountain pipeline project, the province's safety record and his government's spending.

In an email to CBC, a spokesperson said as per the law, the rules only apply to advertising from government ministries, but excludes MLAs and the executive council, including the premier.

'We've just worked around it'

Farney acknowledges that when interview requests are declined during a byelection, it leaves the door open to the perception the government could be using the legislation as an excuse.

He believes that in applying restriction rules, the government needs to find a balance with the principle of transparency, saying "it's a hard line to draw," in terms of the wording of a law. 

Voters in the Regina-Northeast go to the polls Sept. 12.

Harpauer, a longtime cabinet minister and member of government, told reporters she's "never had any serious complaints" about byelection restrictions.

"To be honest with you it's something I've never given any thought to. We've just worked around it."