Quote: Originally Posted by Corduroy
He's did it before and a court challenge found he was well within his powers to do so and no one could stop him.
Is it this one or the earlier one?
Canadian federal election, 2011 - Wikipedia, the free encyclopedia
he 2011 Canadian federal election (formally the 41st Canadian general election) was held Monday, May 2, 2011, to elect members to the House of Commons of the 41st Canadian Parliament.
The writs of election for the 2011 election were issued by Governor General David Johnston on March 26. Prime Minister Stephen Harper advised the Governor General to dissolve parliament after the House of Commons passed a motion of non-confidence against the government, finding it to be in contempt of parliament. A few days before, the three opposition parties had rejected the government's proposed budget.
Fixed election dates in Canada - Wikipedia, the free encyclopedia
This situation was illustrated by the dissolution of parliament at 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". The court effectively found that the fixed election dates were not binding on the prime minister or legally enforceable by the courts.
With elections being held in October 2008 (after an early election call) and May 2011 (after a vote of non-confidence), no parliament has yet reached its maximum life. The election of a majority government in the May 2, 2011, general election makes it probable that the date of the next general election will be determined by the fixed-date section of the Canada Elections Act. This would cause the next election to be on October 19, 2015.