An Edmonton lawyer’s attempt to stop a spring provincial election was defeated in court Monday – clearing the way for an election to be called at any time.
Last week, lawyer Tom Engel filed an injunction that claimed calling a provincial election in the spring would be illegal, and a breach of the Charter of Rights, and violate the Election Amendment Act, that was put in place in the fall of 2011.
That piece of legislation got rid of a century-old tradition that allowed Alberta’s premier to pick an election date at will – establishing fixed election periods instead.
The lawyer representing Premier Jim Prentice argued the fixed election preserved what was the law, adding, the election call is up to the Lieutenant Governor, and a law that restricts who can advise the Lieutenant Governor is unconstitutional.
The premier’s lawyer told the court it would be “Helpful to have the matter resolved quickly”.
Late Monday afternoon, Justice Kenneth Neilson said there was a strong argument to be had in court, but it wasn’t strong enough to stand in the way of an election call.
However, the injunction wasn’t completely dismissed – which means it could be heard at a later date.
A spring election in Alberta has long been rumoured, but has not been called.
With files from Brenna Rose
