Fixed date for elections

The idea of a fixed date for elections in a Parliamentary system was always foolish but the argument the Crown is making, that the Prime Minister doesn't call the elections, is disingenuous to say the least. If it's correct then Parliament passed a law without meaning -- and that's a scandal in itself. Better to acknowledge the law was passed, it's a bad idea, everyone ignored it and the Courts should stay out of it because it's a political question:

Appeal court to rule on 2008 federal election

Bradley Bouzane,
Canwest News Service


OTTAWA - A formal appeal of the 2008 federal election call is scheduled to be heard Tuesday, the second attempt by a democracy advocacy group that claims the federal government violated a law that forces fixed election dates in Canada.
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"We're challenging the prime minister's right to advise the Governor General to dissolve parliament and call an election in between the fixed election date when there has not been a vote of non-confidence in the House," said Democracy Watch co-ordinator Duff Conacher. "It's not just a matter of politics. They changed the law."
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But officials from the Prime Minister's Office said the 2008 election was well within its legal rights.

"The 2008 election was called in accordance with the laws of Canada and we're pleased the Federal Court has not imposed any unreasonable restrictions on the new constitutional prerogatives of the Governor General and the prime minister," said Prime Minister's Office spokeswoman Sara MacIntyre. "As such, Democracy Watch has appealed that court decision [and] we will not be commenting on the issue any further."
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At the time, Democracy Watch lawyer Peter Rosenthal argued a reading of the legislation governing election dates, combined with comments made by Conservative MP Rob Nicholson -- who was justice minister at the time of the bill's introduction -- support his contention Mr. Harper should not have been able to ask Gov. Gen. Michaelle Jean to dissolve Parliament, as he did in September 2008.
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After it received royal assent, a description of Bill C-16 on Election Canada's website stated "a general election must be held on the third Monday in October in the fourth calendar year following a previous general election, with the first general election to be held on Monday, Oct. 19, 2009."
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But Justice Department lawyers, acting for Mr. Harper, argued the prime minister doesn't call an election, the Governor General does. Government lawyers also said nothing in the fixed election date law restricts the Governor General's actions nor does it say anything about the advice the prime minister is allowed to give.