An Election Called Without a Leader, and a Court Case Waiting

There is a particular irony in calling an election at the precise moment your opponent has no permanent leader, then suggesting that if they win, their victory should be contested in court. In British Columbia, Premier David Eby called a snap election on September 22, less than 48 hours after Kerry-Lynne Findlay resigned as leader of the B.C. Conservatives . The party appointed Lorne Doerkson as interim leader the day before. Now, with the Conservatives leading in the polls, one of Eby's former cabinet ministers has hinted that a Doerkson premiership could be challenged in B.C. Supreme Court .

The legal argument rests on the B.C. Conservative constitution, which requires that an interim leader "may not be a Leadership Candidate" in any permanent leadership selection . Niki Sharma, who served as attorney general until the election call, told a digital news conference that the constitution is "legally binding" and cannot be ignored behind closed doors . She added that party membership would "likely win" any challenge .

But the constitutional question may be more complicated than it first appears. UBC political scientist Stewart Prest noted that a court would be "pretty leery of imposing any settlement on the legislative caucus" because the legislature is a distinct branch of the state . If Doerkson commands the confidence of the assembly, he remains premier regardless of his party's internal leadership rules. In British Columbia's early years, Premier Amor de Cosmos simultaneously served as a federal MP—a reminder that the province has some experience stretching the usual conventions of who may serve as first minister .

The B.C. Conservatives responded with a statement on X, saying that when Doerkson "leads the party to victory on Oct. 24, he will remain leader" and that the board would pursue "the appropriate means" under the party's constitution and the Societies Act to give effect to that intention . But the Societies Act requires a two-thirds vote of members to amend the constitution, and no such vote has been held .

At the time of the election call, polls showed the NDP leading by about 10 points. That lead evaporated almost immediately, with a Liaison Strategies survey on Tuesday placing the Conservatives at 40 percent to the NDP's 39 percent . The question of who leads the party, and who leads the province, may now depend less on the constitution than on the voters—and, possibly, on a judge.

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Sources: National Post, Yahoo News Canada, Pique Newsmagazine, Business in Vancouver, Liaison Strategies