Sunday, August 15, 2021

Genieous

 Got to thinking today: how come the Prime Minister is making such

an old-style election call ie in a context of his own choosing. Didn't we move

to fixed-date elections as some point ie the American model.


Looked the matter up inWikipedia. this is what I found:


 The 39th Canadian Parliament passed Bill C-16, An Act to Amend the Canada Elections Act, which received Royal Assent on May 3, 2007.[2] It requires that each general election take place on the third Monday in October in the fourth calendar year after the previous poll, starting with October 19, 2009...


When introducing the legislation, Harper stated that "fixed election dates prevent governments from calling snap elections for short-term political advantage. They level the playing field for all parties and the rules are clear for everybody."[7] However, despite the amendments to the legislation, the prime minister is still free to request an election at any time. As the Bill C-16 amendments to the Canada Elections Act clearly state "Nothing in this section affects the powers of the Governor General, including the power to dissolve Parliament at the Governor General's discretion", the change effectively altered only the maximum duration of a parliament by ensuring that it ends no later than October of the fourth calendar year after its commencement, while leaving the possibility of an earlier end unaffected.[4]


This situation was illustrated by the dissolution of parliament at Prime Minister Harper's request on September 7, 2008. This led Democracy Watch to initiate proceedings in federal court against the Crown-in-Council, the Prime Minister of Canada, and the Governor General of Canada, challenging the decision to call an election prior to the fixed election date. Judge Michel M.J. Shore dismissed the matter, saying the applicants who launched the suit "do not demonstrate a proper understanding of the separation of powers," since "[t]he remedy for the applicant's contention is not for the Federal Court to decide, but rather one of the count of the ballot box".[8] The court effectively found that the fixed election dates were not binding on the prime minister or legally enforceable by the courts.


Uhm...somebody should have clicked that this was coming from the Conservative Camp;

ie the folks more likely to be against it. and sure enough, fixed date now only means

the longest allowable mandate. Conservative 'genieous' at work!?




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