labradore

"We can't allow things that are inaccurate to stand." — The Word of Our Dan, February 19, 2008.

Saturday, January 20, 2007

Upon further investigation

Further to "The other way to square the circle", it would appear that five other provincial and territorial jurisdictions, besides Nunavut, Ontario, Prince Edward Island, Saskatchewan , and the federal government, have enacted legislation which avoid the necessity of by-elections in the last year (or so) of a legislature's constitutional or statutory term.

Such provisions are also to be found in s. 32(3) of the Alberta Legislative Assembly Act; s. 130 of the Quebec Election Act; s. 10(2) of the Nova Scotia House of Assembly Act; s. 18 of the Yukon Legislative Assembly Act; and s. 11(2) of the NWT Legislative Assembly and Executive Council Act.

In other words, it is the standard practice, in almost every one of the fourteen Canadian jurisdictions, to avoid by-elections in the dying days of a legislature's general election mandate — a fact that can be gleaned in about fifteen minutes on Google.

If only The Great Lawyer, or the House of Assembly as a whole, had done their homework (and their job!), and properly investigated all the implications of fixed-term elections prior to rubber-stamping one of Great Lawyer's bills, including looking at the practice in other jurisdictions, then there might not have been this nasty little serial by-election problem that has thrown such a wrench into Great Lawyer's heartfelt desire to break his "fixed election date" promise and go to the polls early.

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