FIRST READING: B.C. NDP hints at lawsuits if Conservatives win the election they called - National Post
Premier David Eby and Attorney General Niki Sharm pictured in 2023. Photo by Felipe Fittipaldi /Government of British ColumbiaArticle contentFirst Reading is a Canadian politics newsletter curated by the National Post’s own Tristin Hopper. To get an early version sent directly to your inbox, sign up here.
After the B.C. Conservatives immediately took the lead in an election called by NDP Premier David Eby, one of Eby’s deputies suggested that a future Conservative premier could be rendered illegitimate by a lawsuit.
Last week, NDP candidate Niki Sharma – who served as the province’s attorney general until the Sept. 25 election call – told a digital news conference that since Lorne Doerkson is an interim leader of the B.C. Conservatives, any premiership he wins could be contested in B.C. Supreme Court.
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As Sharma explained in an email to Business in Vancouver, “(the B.C. Conservative) constitution is legally binding, and it cannot simply be ignored or rewritten behind closed doors — that would break the law.”
She added that party membership would “likely win” any challenge of Doerkson’s position.
The B.C. Conservative constitution is indeed clear that any leader must undergo a formal process of nomination and election by party membership.
But the entire reason that an interim leader is representing the B.C. Conservatives in a general election is because Eby called said election at the precise moment the party became leaderless.
The Conservatives’ last elected leader, Kerry-Lynne Findlay, resigned on Sept. 20 in the wake of more than a dozen defections from her caucus.
Less than 48 hours later, Eby called a snap election for Oct. 24.
Although it’s not explicitly forbidden to call a snap election when one’s opposition is leaderless, it’s not conventionally done.


