Quote:
Originally Posted by Stingray2004
We will have:
43 Liberals
41 NDP
3 Greens
Akin to 1952, the Liberals have first opportunity to form gov't due to having most seats. If the minority Liberal gov't is defeated in a subsequent confidence motion, another party has the opportunity to plead to the L-G that they have the "confidence" of the house - a much higher level "test". The key word here is "confidence". IOW, that they will have majority of votes in the house aside from Speaker.
And in BC's current dynamic of a 43 - 43 split (aside from Speaker), the L-G views the Speaker as an independent officer of the legislature (approved by majority legislative support even though elected MLA). Again, if the Liberals are defeated, the L-G views both the Liberals and NDP/Greens as having 43 seats each in the house a "tie". Ergo, the NDP/Greens will not have "confidence of House" to replace Liberals - eg. majority vote (Speaker not relevant here) from the L-Gs perspective..
Completely corroborates constitutional expert Prof Ron Cheffins (who has advised 5 L-Gs) analysis that if the Liberals are defeated in a confidence motion... the L-G will order a new election.
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Interesting footnote. Australian fed gov't was re-elected in 2016 with a "1-vote majority" - 76/150 seats - the incumbent gov't. The Speaker was selected from the incumbent gov't benches. Again, the Speaker is considered an independent officer of the legislature. A Speaker only votes to break a tie in a legislature - a rare occurrence. Typically known as a "casting vote" in a "division of the house".
Speakers rarely break ties, but when they do, it's in order to keep the "status quo", which does not necessarily mean status quo gov't. Speakers can even vote against the incumbent gov't on rare occasions as well
The Speaker of the Australian House from a few weeks ago:
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Speaker vows not to use casting vote to give Coalition a majority in lower house
‘If in the final vote there is not a majority, you don’t vote to give it one,’ says Tony Smith, who says he takes the impartiality of his role seriously.
The Speaker of the House of Representatives, Tony Smith, has signalled he will not use his casting vote to hand the Turnbull government a majority on legislation if the government fails to command a working majority on the floor.
In an interview with the Guardian’s Australian Politics Live podcast, Smith says he would apply the same principle – don’t manufacture a majority that isn’t there – if there was ever a no-confidence motion moved against the government.
In a parliament where the government of the day commands the chamber by a substantial working majority, the Speaker’s casting vote is an irrelevancy.
But in this parliament, the Turnbull government has a majority of one, which puts Smith’s casting vote in play
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https://www.theguardian.com/australi...in-lower-house
Important in light of the likely 43 Lib/41 NDP/3 Green legislature. Again, if the NDP/Greens bring down the incumbent gov't in the subsequent vote on the Throne Speech... they will have a combined 1-seat majority before a Speaker is appointed from their ranks.
They would also require to provide concrete evidence (written accord) to the LG that they will have the "Confidence of the House" (majority) providing house "stability", which won't be the case after a Speaker is appointed... and have said confidence of the house over a reasonable period of time. (perhaps 1 1/2 - 2 years). Just can't see same happening. (Read: 1985 ON elxn and LGs reasons thereto).
Nevertheless, a major advisor to the BC Greens - Norman Spector (early 1980's Socred gov't advisor/ 1980's Mulroney fed PC advisor) begs to differ with Prof. Ron Cheffins who, again advised 5 BC LGs and his advice to the current LG:
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Lieutenant-Governor could force new election if Clark loses confidence motion
JUSTINE HUNTER
VICTORIA — The Globe and Mail
Published Sunday, May 21, 2017
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Mr. Cheffins’ advice – should Ms. Guichon ask – would be to dissolve the freshly-elected Legislative Assembly and launch another election. “There is an alternative, a defensible, constitutional alternative,” he said. “But don’t get into the mess – let the electorate decide.”
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https://www.theglobeandmail.com/news...ticle35077695/
Again, Green advisor Norman Spector disagrees with that constitutional opinion. In that regard, Spector has stated about Ron Cheffins:
Quote:
He's (Cheffins) very much in the minority among the current generation of advisers IMO
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Another constitutional expert, Philippe Lagassé, agrees with Spector thereto.
I have had some personal interaction with both Spector and Lagassé on these matters trying to feel them out. I have had some step back from Lagassé but not from Spector.
My hunch? Let's see how everything unfolds with the Greens (politically they should not align with any party for their long-term electoral prospects)... but I would not be surprised if we have another election in the offing after the next sitting of the BC legislature.
Interesting times.