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The fallacy of fixed-date elections

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Posted on Monday, 12 September 2011
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“There is no such thing as a truly fixed-date election in Canada,” says Dr. Don Desserud, professor of political science and dean of arts at UPEI. Desserud will be a guest on CBC Radio’s Maritime Noon on Thursday, September 15 to discuss the question: do you support fixed election dates?

“There are laws in some provinces which make it appear as if we have fixed-date elections,” he explains, “but we don’t. A fixed-date election would require an overhaul of the Canadian constitution, and frankly, our entire system of government.”

Elections in Canada are called provincially at the request of the premier, and federally by the prime minister. Respectively, the requests are made to the lieutenant-governor or governor general.

“This is a tradition we inherited from the Westminster system, and it is enshrined in the Canadian constitution,” says Desserud.

Fixed-date election laws in provinces such as Prince Edward Island set a date when a premier must request a dissolution of parliament. Desserud points out there is nothing to stop a premier from requesting dissolution before the set date.

“If a premier requests an election and the answer is ‘no,’ the premier has lost the confidence of the lieutenant-governor,” says Desserud. “She or he has no other option but to resign. When the premier resigns, the lieutenant-governor has little option but to dissolve parliament anyway, and call an election.”

Desserud explains there is a growing perception among the public, rightly or wrongly, that governments call elections at times that most benefit the ruling party. This is why the idea of fixed-date elections has grown in popularity as a solution to this perceived problem.

In his 2007 brief to the senate standing committee on legal and constitutional affairs, titled “Bill C-16: what is the problem for which this is the solution?”, Desserud argues this perceived problem is deceivingly simple.

“If governments don’t want to call elections early,” writes Desserud,” then they don’t have to, not unless they lose the confidence of the House. If they believe it is important to hold elections at regular dates, then that’s what they should do. They do not need legislation to given them that power. As far as I can tell, Bill C-16 is really just a promise that the government will not go to the polls before it has to. I do not see why it needs legislation to shore up such a promise.”

Maritime Noon begins after the noon newscast on all CBC Radio One stations in the Maritimes.