In further reference to s. 43 of the BC Constitution Act discussed above, again, by statute the Speaker does not have a casting vote in division (divided/tied legislative vote) on 3rd reading of a bill prior to royal assent or budget or Throne Speech, etc. - which are all "final decisions of the legislature" irrespective whether they are confidence votes or not. Corroborated by the Clerk of the BC Legislature who is the "CEO" thereto. S. 43 enshrines Speaker convention at the 3rd reading, etc. stage in that the Speaker, in order to keep the "status quo", must vote against same.
Have also been well aware, from awhile back, that during the 2003 New Brunswick election the incumbent Bernard Lord PC gov't won by a narrow 1-seat majority (different circumstances from BC):
PC: 28
Lib: 26
NDP: 1
IOW, the incumbent PC gov't had a 1-seat majority. For whatever reason, the incumbent PCs drew from their own ranks to elect a Speaker (not opposition ranks), which would result in 27 - 27 tie votes akin to what we will be witnessing under the new GreeNDP gov't. The NB Speaker thereto not only bent Speaker convention but also broke Speaker convention at the 3rd reading of bills, budgets, Throne Speeches, etc. (to the chagrin of other Speakers in the Commonwealth):
Quote:
No one was in the hot seat more than former PC MLA Bev Harrison, a former Speaker who again accepted the role in 2003. Like British Columbia, the legislature had to choose someone for the post, a referee job that requires a level of cross-partisan respect to keep order in the House. Traditionally, the Speaker is to function as a non-partisan, detached arbiter of the rules governing the legislature. But that position is challenged with a legislature evenly divided.
Mr. Harrison said in an interview with The Globe and Mail this week that he knew he was heading into a dicey situation, one that would leave him vulnerable to accusations his position would ultimately erode tradition. But he said he had a duty to ensure the stability of the government ruled by his party “I did it. I had to. At that point, it was a question of should I precipitate an election when it might not have been in the interest of the province to do it?” he said.
But Mr. Harrison was forced into a position where he routinely voted in favour of government bills. That contradicts the convention that Speakers have a duty to further debate. Mr. Harrison’s reticence to vote against government bills meant he was behaving as a partisan, contrary to the nature of the job, said Shawn Graham, who was Liberal leader at the time. “A number of rulings did not preserve the status quo in parliamentary tradition and caused great consternation with his peers, I presume, across the Commonwealth,” Mr. Graham said.
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https://www.theglobeandmail.com/news/bri...c-on-speaker-traditions/article35507822/
Again, in NB, the Speaker not only bent but also broke Speaker convention in terms of using his casting vote to break ties in terms of 3rd reading of bills, budgets, etc. Had NB had a similar statute as BC's in terms of s. 43 of the BC Constitution Act, the Speaker would be "breaking the law". IOW, would be barred from utilizing his casting vote.
Now let's come back to BC again. Had the BC Libs won the Courtenay-Comox riding, after final recount, the final seat count in the legislature would have been 44 Libs v. 43 (NDP + Green). The BC Libs would have selected a Speaker from within their own ranks, which would have resulted in similar 43 - 43 tie votes. Again, the Speaker would not have a casting vote in 3rd reading of bills, budgets, Throne Speech, etc., which would ultimately result in dissolution. Ergo, one of the main reasons the BC Libs were also negotiating with the Greens after the election. With the Greens just abstaining (not voting either in favour or against) on a supply and confidence accord, the BC Libs would at least be able to pass a Throne Speech as well as a budget. Not so in case of the current GreeNDP arrangement. OTOH, the BC Libs would not be able to pass legislation after 3rd reading on any other bill without Green party support.
Again, the GreeNDP gov't will sit in the legislature after Labour Day weekend in order to pass a Throne Speech and budget - first order of business. They won't be able to pass same under a tied vote as the Speaker will not have a casting vote under s. 43 of the BC Constitution Act. Then Horgan's only alternative will be to go to the LG to request dissolution. Anyone disagree? Hell, I will bet $25 (keeping it simple and not much) to your favourite charity against mine (with receipt posted herein and name blacked out). Any takers?
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