Five Paradox wrote:
neither the House, nor the Senate as the Prime Minister of Canada. It is unlikely that such would ever be done,
This has been done. John turner was Prime Minister in 1984 even though he did not have a seat in Parliament.
I do not think it likely the NDP would be asked to form government, though in theory nothing stops the GG from doing so, A potential Pm is asked if he could secure the confidence of the House unless Layton simply had an agreement with the Grits the Bloc or both it would be unlikely that he could guarantee supply or confidence in the House.
Although there is not a specific rule as to which party or leader forms government convention states that 1. a sitting PM has the right to test the confidence of the House even if his party has less seats than another party, which is why Mackenzie King was able to stay in office in '25; 2. The leader of the opposition has the second opportunity to try and form government if the sitting PM is defeated in the House; 3. Followed by other party leaders.
The other convention which governs this topic is that the party with the most seats in hte House of Commons is asked to form government if the PM resigns, which is what happened in Harper's case. Martin could have held on and waited to test the confidence of the House he need not have resigned the premiership.
As for how long the 39th Parliament will last it is hard to say. I personally think that they are probably good for about a year but, it does seem unlikely that majopr pieces of legislation will be able to make it through the House, Chuild Care being a perfect example. The Grits and the NDP may be willing to risk an election sooner especially because of the whole David Emerson affair, however, I think the Bloc would be hesitant as they have no where to go buy down and Harper has so far played the Quebec card well and Harper's new "unelected ministers" are not a big deal in la Belle Provence. I do see a scenario where the Tories would want to get defeated in order to trigger an election especially if they start creeping up in the polls the Tories were really not all that far away from gaining a majority last time and so they may want to risk their minority in the comingh months in the hope of a bigger payoff.