New Brunswick Court of Appeal says 2020 snap election call by Higgs was legal
New Brunswick's Court of Appeal has ruled that the August 2020 snap election call that won Premier Blaine Higgs a majority government was legal.
In a decision released Thursday, the court dismissed advocacy group Democracy Watch's argument that the premier's early election call was illegal because of the province's fixed-date election law.
Writing for the three-judge panel, Justice Ernest Drapeau said there is no admissible evidence that the premier's decision to call a general election at that time came from "the pursuit of purely partisan electoral advantage."
Higgs triggered the vote two years ahead of New Brunswick's fixed election date because he said the province needed stability during the COVID-19 pandemic.
The premier called the election after opposition parties refused a proposal to support his minority government until the fixed election date in 2022 or until the end of the pandemic.
In October 2021, Court of Queen's Bench Justice Thomas Christie rejected Democracy Watch's bid to have snap elections declared illegal, but for different reasons than noted in the Appeal Court decision.
The Appeal Court disagreed with Christie's determination that the case should be dismissed on the grounds that the timing of an election is not a matter to be considered by the courts. Christie wrote at the time that in his view, "the matter borders on being considered frivolous."
Drapeau wrote in the decision that "most" of Democracy Watch's grounds of appeal are "well founded." However, the Court of Appeal determined that the argument should still be dismissed due to a lack of admissible evidence that Higgs called the election for "purely partisan" electoral advantage.
Duff Conacher, co-founder of Democracy Watch, said in a statement that the ruling confirms premiers cannot disregard fixed-date election laws for purely partisan reasons.
"Democracy Watch believes there was enough evidence for the Court of Appeal to rule that Premier Higgs violated New Brunswick's fixed election date law by calling the 2020 snap election at a time that favoured his party's election chances, but the court concluded there was not enough evidence to prove that he did, or didn't, call the election to favour the PC Party," Conacher said.
This report by The Canadian Press was first published Dec. 9, 2022.
By Lyndsay Armstrong in Halifax
This story was produced with the financial assistance of the Meta and Canadian Press News Fellowship.
CTVNews.ca Top Stories
From outer space? Sask. farmers baffled after discovering strange wreckage in field
A family of fifth generation farmers from Ituna, Sask. are trying to find answers after discovering several strange objects lying on their land.
Broadcaster and commentator Rex Murphy dead at 77: National Post
The National Post is reporting that Rex Murphy, the pundit and columnist who hosted a national call-in radio show for decades, has died.
Pearson gold heist suspect arrested after flying into Toronto from India
Another suspect is in custody in connection with the gold heist at Toronto Pearson International Airport last year, police say.
Millions of cyberattacks per hour as B.C. government investigates multiple breaches
Careful attention to government statements and legislation is required to get a handle on the level of risk British Columbians’ information is under, as investigators probe multiple breaches under a continued barrage of attacks.
Ontario family receives massive hospital bill as part of LTC law, refuses to pay
A southwestern Ontario woman has received an $8,400 bill from a hospital in Windsor, Ont., after she refused to put her mother in a nursing home she hated -- and she says she has no intention of paying it.
Debate on abortion rights erupts on Parliament Hill, Poilievre vows he won't legislate
A Conservative government led by Pierre Poilievre would not legislate on, nor use the notwithstanding clause, on abortion, his office says, as anti-abortion protesters gather on Parliament Hill.
Justin and Hailey Bieber are expecting their first child together
Hailey and Justin Bieber are going to be parents. The couple announced the news on Thursday on Instagram, both sharing a video that showcases Hailey Bieber's growing belly.
Here are the ultraprocessed foods you most need to avoid, according to a 30-year study
Studies have shown that ultraprocessed foods can have a detrimental impact on health. But 30 years of research show they don’t all have the same impact.
New 'Lord of the Rings' film coming in 2026
The Oscar-winning team behind the nearly US$6 billion blockbuster 'Lord of the Rings' and 'The Hobbit' trilogies is reuniting to produce two new films.