Friday 27 November 2020

Watchdog group says early New Brunswick election call was illegal

 

https://twitter.com/DavidRayAmos/with_replies

 

 

Replying to   @alllibertynews and 49 others     
Methinks I may try to intervene Conacher should dig up the documents I sent him and legions of lawyers etc before and after I ran in Fundy Royal against Higgy's lawyer buddy Rob Moore in 2004 N'esy Pas?

https://archive.org/details/ITriedToExplainItToAllMaritimersInEarly2006

 

 #cdnpoli #nbpoli

 

 https://www.cbc.ca/news/canada/new-brunswick/new-brunswick-election-democracy-watch-blaine-higgs-1.5817550

 

Watchdog group says early New Brunswick election call was illegal

Democracy Watch says Blaine Higgs should not have been able to dissolve legislature, call election

 

Jacques Poitras · CBC News · Posted: Nov 26, 2020 3:09 PM AT

 


Democracy Watch founder Duff Conacher says changes to the Legislative Assembly Act in 2007 took away the power of premiers to ask the lieutenant-governor to dissolve the legislature whenever they want to. (Adrian Wyld/CP)

An Ottawa-based watchdog group is asking a judge to rule that Premier Blaine Higgs's provincial election call in August was illegal because it violated fixed-date legislation.

Democracy Watch isn't looking to overturn the results of the Sept. 14 election but is asking the Court of Queen's Bench to declare that it was against the law.

Democracy Watch co-founder Duff Conacher said changes to the Legislative Assembly Act in 2007 took away the power of premiers to ask the lieutenant-governor to dissolve the legislature whenever they want to.

"To pass a bill and say 'This is changing all the rules,' and then say 13 years later, 'No, none of the rules changed,' is completely contradictory and goes totally against what's on the public record," he said.

Parliamentary expert Philippe Lagassé says Democracy Watch's legal action will go nowhere. (Courtesy of Philippe Lagassé)

But a leading expert on Canada's parliamentary system and its unwritten conventions said Conacher is wrong and the legal action will go nowhere.

Philippe Lagassé said Conacher's organization attempted the same thing in 2008 when former prime minister Stephen Harper called a snap election despite his own government's passage of a fixed-date election law.

And they lost.

"The precedents are well set," Lagassé said. "There's already a federal case that the provincial judges can look to. So it's a fruitless exercise." 

Higgs himself agrees.

"The premier is confident that he had the legal authority to call an election," said spokesperson Nicolle Carlin. "As the matter is now before the courts, we have no further comment."

A seeming caveat to New Brunswick's fixed-date requirement is in the law itself. 

The statute says elections must be called every four years but acknowledges that "nothing in this section" takes away from the lieutenant-governor's power and discretion under the Constitution to dissolve the legislature.

Conacher said the lieutenant-governor's discretion is already restricted by unwritten constitutional conventions that she can only do that on the advice of the premier.

And he said the premier, unlike the lieutenant-governor, can be reined in by the law. 

"What we're challenging is the premier's advice to the lieutenant-governor to dissolve the legislature and to call an election and set an election date," he said. "The legislature of New Brunswick prohibited those things back in 2007.

"The lieutenant-governor can only exercise that discretion to dissolve the legislature when advised by the premier and the cabinet, and the premier and cabinet [at the time] said, 'We're putting this measure in to say we're not allowed to advise you to do that except for every four years.'" 

For three elections in a row, premiers followed the fixed elected date and so did the lieutenant-governor, so that creates a convention.

- Duff Conacher, Democracy Watch

He said there's another key difference between the New Brunswick situation and what the Federal Court ruled on in 2009.

In the federal case, Harper was calling an early election without ever having followed his own fixed-date law, less than two years after it was passed.

In New Brunswick, three different premiers — Shawn Graham, David Alward and Brian Gallant — have all heeded the law in calling elections four years after the previous ones. 

"For three elections in a row, premiers followed the fixed elected date and so did the lieutenant-governor, so that creates a convention," he said.

But the 2009 Federal Court ruling also said that because conventions are unwritten rules that lack the force of law, the courts have no role in enforcing them. 

Early election for 'stability'

Higgs called this year's election because he said he needed "stability" that his minority government lacked to keep fighting COVID-19 and working on economic recovery.

In August he asked the three other parties in the legislature to sign an agreement committing to keep him in power until the scheduled election date in October 2022, in return for greater input into government policy.

Even though a deal with just the Greens and the People's Alliance would have given him that stability, Higgs called an election after the Liberals balked at the idea of an agreement.

He went on to win a majority government with 27 out of 49 seats.

Conacher said the main argument for having fixed-date election laws is they prevent, or should prevent, an incumbent government from controlling the timing of a campaign to its advantage.

"Snap elections very much favour the ruling party, and they're very unfair to everybody else," he says.

But Lagassé said that because the constitutional powers of a governor-general or lieutenant-governor can't be rewritten, the laws amount to a gimmick.

"Why do they exist? Because it looks good. But it doesn't do much." 

 

 

102 Comments
Commenting is now closed for this story.

 

 

David Amos
Methinks i may try to intervene in this matter Duffy should dig up the documents I sent him and many other lawyers including the Governor General and two Lt Governors in hand and byway of tracked Canada Post after I ran in Fundy Royal in 2004 against Higgy's lawyer buddy N'esy Pas?
 
 
Ray Oliver
Reply to @David Amos: you MAY try? Who are you kidding you're already diving in head first to something way out of your league. Velcro shoes and mittens with strings is your league!
 
 
David Amos
Reply to @Ray Oliver: Methinks its blatantly obvious that one mindless RCMP shill has no clue as to who I am or you would not have gone this far with your nonsense N'esy Pas?
 
 
Ray Oliver
Reply to @David Amos: I want your confidence. Its impressive. Its totally unwarranted. But impressive nonetheless
 
 
Ray Oliver
Reply to @David Amos: Sue me big boy
 
 
David Amos
Reply to @Ray Oliver: Whats your true name little fella?
 
 
David Amos:
Reply to @Ray Oliver: BTW You cooked your own goose the instant you that you knew about the wiretaps
 
 
Harvey York
Reply to @David Amos: the whole world knows about the wiretaps ya nincompoop. You make it a point of telling people every day. It's a crying shame you weren't loved enough as a child. Your need for online attention is embarrassing. Do tell, how does one have a Medicare card revoked? Care to elaborate?
 
 
Lou Bell
Reply to @David Amos: Go at er with both feet ! Conacher , like you , appears to have filed numerous lawsuits that have pretty well all failed ! Tell us about the ones you have won !! Even one !!!!!!!!!!!!!!!!!!
 
 
Harvey York
Reply to @Ray Oliver: oh man, your goose is cooked. Hey, you want to meet up at the detachment and eat some donuts?
 
 
Harvey York
Reply to @Harvey York: we can play with confiscated Medicare cards and do burnouts on that old piece of junk Harley parked out back!
 
 
Randy Keith  
Reply to @David Amos: Just pathetic.
 
 
DeanRoger Ray 
Reply to @David Amos: No one cares about your form letter email replies. Instead why not intervene in Gracie’s heroin addiction?
 
 
View the profile of "Max Amos"
Max Amos
Reply to @David Amos: Soil your nappy again Papa? Someone will be around to change you in a bit.
 
 
Ron Linda 
Reply to @David Amos: And you lost - excellent.
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Buford Wilson
Blaine did the right thing. Under the circumstances
 
 
David Amos
 Reply to @Buford Wilson: If that were remotely true then why did Higgy stop the municipal elections and force Darling et al to stay on the job he no longer wanted?
 
 
Randy Keith 
Reply to @Buford Wilson: It was definitely an unnecessary election. He should have focused on the required by-elections and continued to govern with the original mandate he was given. Accountability be damned ... he can now run rampant and unchecked.
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
John Grail
Wouldn't surprise me that an Irving shill would skirt the law to their benefit
 
 
David Amos
Reply to @John Grail: He definitely did.
 
 
Lou Bell
Reply to @John Grail: Conacher ? He's threatening to file a failed suit he's already lost once ! He's like Trump , picking up uneducated social media idgets who are chasing the goose that laid the golden egg ! That egg is old and rotten !
 
 
John Grail
Reply to @Lou Bell: I really don't know if the assertions are true or not. I am just saying the Irvings basically right the law, so anyone working for them would probably know how to do that.
 
 
Jos Allaire
Reply to @Lou DumBell: You like the eggs!
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Emery Hyslop-Margison
Jacques is hard at it again. Does he understand the distinction between journalism and political lobbying?
 
 
David Amos
Reply to @Emery Hyslop-Margison: Methinks thats a rhetorical question N'esy Pas?
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Jos Allaire
CONservatives are known to flaunt the law, if not oblivious to the law. An illegal election, imagine that, now what?
 
 
Jos Allaire
Reply to @Jos Allaire: CONservatives don't like anyone digging dirt on them. And dirt, there is galore!
 
 
Ronald McCallum
Reply to @Jos Allaire:
Nothing illegal about the election. Read the story, especially Professor Philippe Lagasse's opinion.
 
 
David Amos
Reply to @Jos Allaire: Methinks you know why I love digging dirt on all the politicians N'esy Pas?
 
 
David Amos
Reply to @Ronald McCallum: Methinks Professor Philippe Lagasse should recall why he did not impress me N'esy Pas?
 
 
Lou Bell  
Reply to @Jos Allaire: Anyone who read and understood the story would understand and realize the bS was fought once alrerady in the courts AND THEY LOST ! So , IT'S NOT THE LAW ! Liberals are so naive
 
 
DeanRoger Ray
Reply to @David Amos: So at what point did you discover you enjoy cross dressing?
 
 
View the profile of "Max Amos"
Max Amos
Reply to @DeanRoger Ray: Actually he did wear mom’s skirts sometimes. Called it a kilt but it really wasn’t.
 
 
Jos Allaire
If not illegal, then it's a low-down sneaky attempt to gain power by calling an election during a pandemic that the voters of New Nouveau-Brunswick did not want. He called an election without a platform taking the credit for the low Covid numbers that he had nothing to do with. Since the election, the Covid infection numbers are going way up. Is he now going to take the blame for it? 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Jim Cyr
The media never fails to call even moderate groups “rightwing”. But notoriously leftwing groups (like this one) never get the same treatment. Huh.....
 
 
Jos Allaire
Reply to @Jim Cyr: CONservatives don't like anyone digging dirt on them. And dirt, there is galore!
 
 
David Amos
Reply to @Jos Allaire: Methinks the same can be said of you N'esy Pas?
 
 
Lou Bell
Reply to @Jos Allaire: Like this story , another failed attempt to dig up dirt that's just not there ? let's see if a suit is filed ! I guarantee it won't be !
 
 
Jos Allaire
Reply to @David Amos: spoken by the digger by excellence!
 
 
Jos Allaire
Reply to @Jos Allaire: "par" excellence!
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Paul Bourgoin
The Legislative Assembly Act in 2007 took away the power of premiers to ask the lieutenant-governor to dissolve the legislature whenever they want to. Who would have though or believed that New Brunswick has its own Trump!!!
 
 
Peter Churcher
Reply to @Paul Bourgoin: Not even close. The voters have spoken.
 
 
John Packowski 
Reply to @Paul Bourgoin: this issue was resolved in 2008, when mr harper broke his own 'fixed date' election law the first chance he got. the court sided with mr harper: an even stronger convention (in canada, anyway) is that the sovereign's representative cannot reject the advice of the head of government - except in the most extraordinary of circumstances.

like balanced budget laws, this kind of law is populist junk.
 
 
David Amos
Reply to @Peter Churcher: All of the voters?
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Rob Sense
Impossible Saint Blaine would never do anything illegal
 
 
Ray Oliver
Reply to @Rob Sense: Impossible, Saint Jacques would never write a biased hit piece against the Anglos
 
 
Ray Oliver 
Reply to @Ray Oliver: Sorry. I meant Higgs and the Conservatives. But then again look at who employs him. And who funds them
 
 
Peter Churcher 
Reply to @Ray Oliver: The taxpayers employ him and you make it sound like you know him...you don't. Give the man a chance.
 
 
David Amos
Reply to @Ray Oliver: You should know
 
 
David Amos
Content disabled
Reply to @Peter Churcher: Trust that Higgy and I know each other
 
 
Ray Oliver
Reply to @David Amos: Whoa! You know the Premier. What lofty circles you must run in!
 
 
David Amos
Reply to @Ray Oliver: methinks you know as well as I that your hero Higgy and i detest each other N'esy Pas?
 
 
Ray Oliver
Reply to @David Amos: oh I think you detest him alright. I think he could care less. There's this whole Premier job and a little Pandemic on the go at the moment, haven't you heard?
 
 
View the profile of "Max Amos"
Max Amos
Reply to @Ray Oliver: Forgive Papa. He’s wet himself again and needs to be changed. He gets a bit fussy when that happens.
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Carl Bainbridge
I think it is an interesting exercise and one I like.

Personally, I believe if a government is given a minority mandate they should be required to serve the four years as a minority and be forced to cooperate to move forward.

While it will likely fail, I would love to see it not fail, and to see the judge actually overturn the entire election (because I do not see how they can declare it illegal and still allow the results to stand)
 
 
David Amos
Reply to @Carl Bainbridge: So says an NDP dude
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Jon Mark
Who would of thought - An organization named "Democracy Watch" attempting to overturn democracy.
 
 
Jim Cyr
Reply to @Jon Mark: classic liberal doublespeak, isn’t it
 
 
David Amos
Reply to @Jon Mark: Methinks the ghost of a certain liberal talk show host would affirm that Duff is a joke to me N'esy Pas?
 
 
Jos Allaire
Reply to @Jim Cyr: We hear ya, Trumpist!
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Dan Armitage
your a little late
 
 
Graham McCormack 
Reply to @Dan Armitage: and wrong.
 
 
Matthew Smith 
Reply to @Dan Armitage: * you're *
 
 
David Amos
Reply to @Dan Armitage: Methinks many would agree with me in that the fat lady ain't sung yet until the vote on the Throne Speech is history N'esy Pas?
 
 
DeanRoger Ray
Reply to @David Amos: I didn’t know Laura could sing.
 
 
View the profile of "Max Amos"
Max Amos
Reply to @DeanRoger Ray: Actually Reaghan is the singer of the fam. She’s not fat though (yet). Hopefully she won’t end up heavy like her ma but who knows.
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Orsurbo Kreeg 
A "Watchdog" is supposed to alert you before the event, barking and such. This group is more like a "tattletale," see also "I'm teling mom!"
 
 
Matthew Smith
Reply to @Orsurbo Kreeg: *telling*
 
 
Orsurbo Kreeg 
Reply to @Matthew Smith: What, the "l" did I miss? Thanks -- you are cheaper than a proofreader and more fun than autocorrect.
 
 
David Amos
Reply to @Orsurbo Kreeg: Oh So True
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
James Smythe
And just look how well that “stability” is playing out Blaine, as we now have record infection levels, unprecedented authoritarianism, and an illegally elected majority government spiralling the province into chaos.
 
 
Jake Newman 
Reply to @James Smythe: get off the kool aid
 
 
Graham McCormack
Reply to @James Smythe: Maybe you should read the story.
 
 
David Amos 
Reply to @Graham McCormack: Trust that I did
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Lou Bell
Duff attempts to get his 15 minutes of fame and stumbles outta the gate ! Irrelevance breeds irrelevance once again !
 
 
Rob Sense
Reply to @Lou Bell:
Sounds like what you do only you fail more and we have to tolerate your feeble dimwitted attempts daily
 
 
David Amos
Reply to @Rob Sense: You think you are witty?

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

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