The Supreme Court of Canada will not hear an appeal from a democracy advocacy group that says Prime Minister Stephen Harper broke his own law in 2008 when he asked for a federal election.
On Thursday, Canada's top court denied leave to appeal by Democracy Watch, the national non-profit organization's third legal challenge.
As is routine, the Supreme Court did not give reasons for dismissing the appeal.
Democracy Watch claims the prime minister broke his own fixed election date law, which received royal assent in May 2007, by asking then-governor general Michaelle Jean to dissolve Parliament in September 2008.
Jean agreed to Harper's request and Canadians went to the polls on Oct. 14, 2008.
The Federal Court of Appeal ruled in May last year that Bill C-16, the fixed election date law, did not prevent such snap elections and therefore the 2008 election was legal.
The amendments to the Canada Elections Act in Bill C-16 say that: "Subject to an earlier dissolution of Parliament, 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, October 19, 2009."
The federal appeal was heard after a judgment in September 2009, which also found the election call to be within the government's legal right.
The Prime Minister's Office has always contended the 2008 election was called in accordance with Canadian law.
Democracy Watch co-ordinator Duff Conacher has said the election call provided the Conservatives with an advantage because of the short time other parties had to prepare candidates for the election.
The October 2008 election resulted in another minority government for the Conservatives.
Fixed election dates are also in effect in British Columbia, Saskatchewan, Manitoba, Ontario, Newfoundland and Labrador, New Brunswick, Prince Edward Island and the Northwest Territories.
Read more: http://www.canada.com/news/Appeal+over+Harper+2008+election+dismissed+Supreme+Court/4140233/story.html#ixzz1BpvFDjaD
