Court challenge to continue over Alberta’s fixed election dates: lawyer

A lawyer says a court hearing on the issue of fixed election dates in Alberta will go ahead.

EDMONTON — A lawyer says a court hearing on the issue of fixed election dates in Alberta will go ahead.

An Edmonton judge dismissed a court application two weeks ago to put a stop to the upcoming provincial election.

But Court of Queen’s Bench Justice Kenneth Nielsen also ruled there could still be a full hearing on the merits of the case.

Lawyer Michael Bates says his two clients who launched the challenge want to proceed with a hearing, but no date has been set.

They wanted the court to order the government to hold the election between March and May of 2016 — four years after the last election.

The time period is spelled out in Alberta’s Election Act, introduced by the governing Progressive Conservatives and passed in 2011.

On Tuesday, Premier Jim Prentice asked the lieutenant-governor to dissolve the legislature, and called the election for May 5.

In a written decision released Wednesday, the judge says both sides are still entitled to have a full hearing on the case.

“Given the applicants’ submission that they are entitled to have a hearing on the merits and given that this matter was heard on an expedited basis, I am not satisfied that all parties have had a full opportunity to argue this matter,” wrote Nielsen.

Bates said he’s not seeking to have the election declared illegal. The case focuses on the meaningful ability of people to participate in the electoral process and the power of the premier.

“It’s asking for the court to ultimately interpret whether in fact the power of the premier to have asked for an election even exists,” he said.

Such a hearing could be months away.

Get local stories you won't find anywhere else right to your inbox.
Sign up here

Just Posted

House prices in Alberta are going up in many communities, reports the ATB. (THE CANADIAN PRESS/Graeme Roy)
Alberta’s house prices are on the rise: ATB

Supply has been low, relative to demand

The interchange at Highway 2 and McKenzie Road at the south end of Gasoline Alley is being redesigned with two roundabouts. Construction is expected to begin this month and finish in October. (Graphic from Red Deer County)
Roudabouts coming to McKenzie Road overpass at Gasoline Alley

Project expected to improve traffic flow at busy intersections

A federal strategy to preserve threatened trout could conflict with provincial coal leases in the Eastern Slopes of the Rockies. (Contributed photo by Jeff Lund).
Federal regulations could save Alberta’s bull trout by shutting down mining plans, says biologist

Ottawa’s new strategy identifies a 30-metre protected area along rivers and streams

A prairie fire in the Burnt Lake district. (Photo by Bert Fors via Red Deer Archives)
Michael Dawe: Fires of spring 1931 in central Alberta

Central Alberta has just come through a relatively warm and dry winter… Continue reading

Gwynne Dyer
Opinion: Boris Johnson is to blame for what’s happening in Ireland

Twenty-three years of peace in Northern Ireland, after a sectarian war that… Continue reading

Canada's Sarah Pavan and Melissa Humana-Paredes, fom left, celebrate after winning women's gold medal match against Brazil's team at the Beach Volley Worldtour Major Series, in Vienna, Austria on August 4, 2019. THE CANADIAN PRESS/AP, Ronald Zak
Canada’s world champion beach volleyball duo finally getting games before Tokyo

Canada’s world champion beach volleyball duo finally getting games before Tokyo

Toronto Raptors center Khem Birch (24) gets fouled by Atlanta Hawks guard Bogdan Bogdanovic (13) during the first half of an NBA basketball game Tuesday, April 13, 2021, in Tampa, Fla. (AP Photo/Chris O'Meara)
Bogdanovic, Capela lead Hawks past Raptors 107-103

Bogdanovic, Capela lead Hawks past Raptors 107-103

Toronto Blue Jays starting pitcher Hyun Jin Ryu throws to a New York Yankees batter during the first inning of a baseball game Tuesday, April 13, 2021, in Dunedin, Fla. (AP Photo/Mike Carlson)
Ryu sharp into 7th, Semien homers as Blue Jays top Yanks 7-3

Ryu sharp into 7th, Semien homers as Blue Jays top Yanks 7-3

Calgary Flames' Johnny Gaudreau (13) scores the game winning goal on Toronto Maple Leafs goaltender David Rittich (33) in overtime NHL action in Toronto on Tuesday, April 13, 2021.THE CANADIAN PRESS/Frank Gunn
Gaudreau scores in overtime, Flames beat Maple Leafs 3-2

Gaudreau scores in overtime, Flames beat Maple Leafs 3-2

Jim Bullock, Vicki Pappas and Randy Waples off to Canadian Horse Racing Hall of Fame

Jim Bullock, Vicki Pappas and Randy Waples off to Canadian Horse Racing Hall of Fame

Canada's Evelyne Viens celebrates scoring against Wales during the women's international friendly soccer match at Leckwith Stadium, Wales, Friday April 9, 2021. THE CANADIAN PRESS/Nick Potts/PA via AP
Canada capitalizes on England mistakes to win women’s soccer friendly 2-0

Canada capitalizes on England mistakes to win women’s soccer friendly 2-0

Most Read