Are you sure he would have lost the confidence vote? Within days of the prorogue, the Libs toss out Dion. Many libs have been quoted "off the record" suggesting they would have been sick on the day of the vote.
Layton can argue as much as he wants that the PM has lost the confidence of the house, but it simply isn't true. The most recent confidence motion in the house was the thrown speach, and that passed. It is possible, perhaps even probable that he would have lost a confidence motion if he didn't prorogue... but he did and as such he didn't have to face the confidence vote. Too bad for the coalition of losers. Harper was well within his rights to prorogue, just like he will be well within his rights to appoint senators.
Layton is an idiot if he thinks it isn't consitutional for Harper to appoint senators whenever and however he sees fit. He might not actually like the rules, but they are the rules we have. He was perfectly willing to attempt to use them to his benefit a few weeks ago, why the problem when Harper uses the rules?
Aside from the fact that Harper using the rules keeps Wacko Jacko further away from power of course....
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