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Premier Ford calls fixed date election rules enacted by Liberals a 'fake law'

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Premier Doug Ford Declares Ontario’s Fixed‑Date Election Law a “Fake” Law

In a sharp rebuke of the Ontario Liberal Party’s long‑running claim that the province’s “fixed‑date election” legislation has enforced a predictable, four‑year electoral cycle, Premier Doug Ford announced on Tuesday that the rule is nothing more than a “fake law.” Ford’s criticism comes in the wake of the Progressive Conservative (PC) Party’s 2022 victory and a surge of calls from opposition members to overhaul the country’s most controversial electoral statute.


The Fixed‑Date Election Act: What the Law Says

The Fixed Election Dates Act, introduced by the Liberal government of Dalton McGuinty in 2007, was intended to eliminate the “political chess” of election timing that had characterized Ontario politics for decades. Under the Act, the provincial legislature must be dissolved on the first Monday in October, four years after the last general election. The law was written in a clause that reads:

“An election must be held on the first Monday in October, no later than 180 days after the dissolution of the legislature.”

The Act also allows the Premier to request a dissolution for an early election only if the Legislative Assembly passes a resolution authorising it. In practice, the rule was rarely used to limit the Premier’s power. In 2014, Kathleen Wynne’s Liberal government called an election in September, a month earlier than the Act would have required, and the move was legal because the Assembly had passed a resolution approving the early election.


Ford’s “Fake Law” Label

During a brief press conference at the Legislative Building, Ford said the fixed‑date rule was “a fake law that we have been pretending to obey.” He explained that the law is “more talk than action” because the Premier still holds the power to call early elections, as long as the Assembly approves the move. “We can still call elections early and do exactly what we want,” Ford said. “The public can’t understand why we keep repeating the same story about the fixed‑date law when it’s not actually preventing us from calling an election.”

The Premier’s comments are part of a broader effort by the PC Party to push for a new election law that would give the government more flexibility in timing elections. Ford and his allies argue that the current rule makes the province too vulnerable to political opportunism from opposition parties that might threaten to trigger a no‑confidence vote to force a snap election.


Opposition Reaction

The Ontario Liberal Party, now in opposition, called Ford’s remarks “a political smokescreen.” Leader MPP G. J. M. Gordon said the law is a safeguard against the “disorderly” practice of calling elections at random times for political gain. “We built this law to restore confidence in our democratic process,” Gordon said. “We will not accept this dismissal from the Premier of a rule that was put in place to protect voters and their right to a predictable electoral calendar.”

The New Democratic Party (NDP), which also holds seats in the Legislative Assembly, said it would examine the possibility of a vote on a new election law. NDP Leader MPP Marci Baird said, “We are open to reform, but we also want to protect the public from being caught in a political bargaining game that can manipulate election timing.”


Broader Implications

The debate over fixed‑date election laws is not unique to Ontario. In 2015, the federal government of Justin Trudeau introduced the “Fixed‑Date Election Act” for the Canadian Parliament, which also stipulated a fixed date but left the option open for the Governor‑General to dissolve Parliament. Critics have long argued that the law is ineffective, because a prime minister can still call early elections if the House of Commons passes a vote of confidence.

In the Ontario context, the PC Party’s 2022 win has emboldened calls for reform. A potential overhaul of the election law could allow the government to call elections at a time it deems most advantageous, thereby raising questions about fairness and the integrity of the electoral process. Proponents argue that the current rule hampers the ability to respond to crises, while opponents contend that fixed‑date elections provide stability and transparency for voters.


What’s Next?

The Ontario Legislature is scheduled to sit for a special session on Wednesday to consider a bill that would amend the Fixed Election Dates Act. The bill would remove the clause that forces elections on the first Monday in October and replace it with a “minimum” term of four years, while preserving the option for an early election if the legislature votes in favour. If the bill passes, the province would effectively abandon the fixed‑date framework, marking a significant shift in Ontario’s electoral tradition.

While Ford’s characterization of the law as “fake” has sparked controversy, it also highlights the ongoing tension between political expediency and democratic accountability. The outcome of the upcoming legislative debate will likely set the tone for how Ontario—and perhaps other provinces—will approach election timing in the years to come.


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