Quote:
Originally Posted by MBates
Hate to break it to you but the Lieutenant Governor in Council means the LG acting on the advice of Executive Council (otherwise known as the Provincial Cabinet). And generally as a matter of constitutional convention the LG does not have authority to do anything without first receiving said advice.
The way the Recall Act is written it makes it mandatory for Cabinet (by way of LG in Council) to order a recall vote be conducted within 4 months of a successful recall petition. But if they just didn't do it, you would have to take them to court and have a judge order them to comply with the legislation. It would not be solved by the LG stepping up to do anything.
Interestingly enough, if the recall vote results are in favour of the MLA being recalled, then section 20(1) of the Act indicates by the publication of the result on the Chief Electoral Officer's Website, the statute declares the MLA recalled and the seat vacant.
https://www.canlii.org/en/ab/laws/st...1-c-r-5.7.html
Without that website publication, it appears, nothing happens.
So in the world of possible shenanigans...taking the Chief Electoral Officer's Website offline would block the outcome of a recall vote from having legal effect and the MLA could carry on in the meantime. |
Thanks. I thought I had a simple understanding of how it was supposed to go but always happy to learn the truth.