Is the current federal election illegal? That’s what Ottawa-based non-profit Democracy Watch is alleging in an Application for Judicial Review that it filed in the Federal Court of Canada. The allegation is that the Conservative Government violated its own fixed election date law by requesting the early dissolution of Parliament from the Governor General. Several legal scholars have commented on the issues at play. Errol P. Mendes of the University of Ottawa believes that the election might be illegal, while Osgoode Hall Law Dean Patrick Monahan has stated that the exemption in the fixed election dates law provides the Government with a legal answer to that allegation.
To explore some of the legal issues, I sat down with Dr. Gerald Heckman, a Professor at the Robson Hall Faculty of Law. He explained the legal framework that governs the calling of a federal election and some of the constitutional issues invoked by the current controversy.
Xpd at devinjohnston.ca.