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Interim B.C. Conservative leader Lorne Doerkson said his leadership ‘is not up for conversation.’Jimmy Jeong/The Globe and Mail
The B.C. Conservatives say interim leader Lorne Doerkson could remain at the helm of the party for years without a leadership vote, pushing back against B.C. NDP warnings that voters would have no guarantee who would serve as premier if that party formed government after the Oct. 24 provincial election.
A legal opinion obtained by the Conservative Party of B.C. and provided to The Globe and Mail outlined a path by which Mr. Doerkson could remain interim leader for years without running afoul of party rules that prohibit an interim leader from stepping into the role permanently.
“In our opinion, in the event that the Conservative Party of B.C. wins the election, Lorne Doerkson would be invited by the Lieutenant-Governor to serve as Premier,” said Bruce Hallsor, lawyer for the party, in a Sept. 25 letter to party president Mauro Francis.
“He would also remain leader of the party until the board chooses to call a leadership election, which could be more than 18 months down the road or longer. During that time, there would be no mechanism for a membership review of his leadership, and the party constitution makes calling a leadership election a matter for the board’s discretion.”
Mr. Doerkson was appointed interim leader on Sept. 20 after the resignation of Kerry-Lynne Findlay. On Sept. 23, the Conservatives’ board of directors said it would make Mr. Doerkson permanent leader if the party forms government.
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However, the party’s constitution states that an interim leader cannot run for leadership once an election is called. The board said it would “pursue the appropriate means under the party’s constitution and bylaws and the Societies Act” to amend the rules, which would require a two-thirds vote from party members.
On Friday, NDP candidate Niki Sharma questioned the Conservatives’ ability to deliver on that promise.
“That’s the same membership that voted in Kerry-Lynn Findley,” said Ms. Sharma, the province’s attorney-general. “And what that means to me is that they can’t guarantee who their leader will be in the long run.”
In his legal opinion, Mr. Hallsor confirmed that the party’s constitution prohibits an interim leader from running for leadership, and that a special leadership election must be called within 12 months of a leader’s resignation. However, he said the latter provision is “open to some interpretation.”
“A plain reading would suggest that the party must ‘call’ the leadership election by Sept. 20, 2027, but the vote can be six months later, or extended past that date indefinitely,” Mr. Hallsor said. “By this interpretation, the ‘interim’ leader could remain the leader for another 18 months or ultimately, much longer.”
Such a move would leave plenty of time for the party to amend its constitution, Mr. Hallsor said.
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Elections BC said a political party is responsible for establishing its own processes to select a leader and that B.C.’s Election Act does not establish any rules that would prevent an interim party leader from running in a leadership contest or becoming premier.
“Since 1995, when the current Election Act was enacted, a political party must identify a leader to meet the legislated registration requirements; however, the selection process is at the discretion of the party,” Elections BC said in a statement to The Globe on Sunday.
“Since then, B.C. Conservative Party is the first major political party to run a provincial general election campaign under an interim leader.”
Asked by The Globe about Ms. Sharma’s comments, Mr. Doerkson said his leadership “is not up for conversation” and that Mr. Hallsor had outlined some options. He also cited an article in the NDP’s own constitution that requires a secret ballot vote at every convention on whether to call a leadership election, turning the question back on NDP Leader David Eby.
“So I guess my question is: Is there any ability for Niki Sharma or David Eby to assure us that David Eby is going to get the support from the NDP at the next convention?” Mr. Doerkson said Sunday.
“The reality is, I think his members are concerned with everything that we’re seeing today.”
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Mr. Doerkson was speaking in Surrey at a campaign event during which he pledged that a Conservative government would freeze taxes across the board, and not introduce new taxes, as long as he is premier.
“There’s no exceptions to that,” he said. “There are no gimmicks to that. There’s no accounting tricks.”
He did not directly answer reporters’ questions about how the Conservatives would deal with B.C.’s $13.8-billion deficit, or respond to a sudden economic downturn, without new or increased taxes.
“Economic downturns are very serious,” he said. “Obviously, we work in a world market. But frankly, the thing that I’m worried about most in this current market is the damage that the NDP is doing to our industry.”
The NDP said in a statement that the Conservatives’ plan would require “either new revenues and/or deep cuts to services.”
Mr. Eby took his campaign to Prince Rupert on Sunday, while B.C. Green Leader Emily Lowan canvassed in Saanich North and the Islands, where she is seeking election.