OTTAWA – POLITICS – The federal Conservative party caucus has voted to oust Erin O’Toole as party leader.
A vote of the 119 members of the federal party caucus saw 79 MPs vote to remove O’Toole as party leader.
What appears confusing however is that the Conservative party of Canada constitution does not appear to give that power to the caucus.
Conservative Party Constitution
- 10.1 The Leader is the chief public official of the Party, whose authority includes that specified for the leader of a party pursuant to the Canada Elections Act.
- 10.2 The Leader shall promote the Party, its principles and policies.
- 10.3 If the Leader is not a Member of Parliament or Senator, he or she shall, upon written request to the Chair of Conservative Fund Canada, be entitled to receive a salary equivalent to that of a Member of Parliament.
- 10.4 The Leader shall nominate the Executive Director of the Party subject to ratification by National Council.
- 10.4.1 The Executive Director is an employee of Conservative Fund Canada.
- 10.4.2 Any decision to change the employment status of the Executive Director is the responsibility of Conservative Fund Canada, subject to ratification by National Council.
- 10.5 The Leader shall provide a report to, and carry out an accountability session with, the delegates at every national convention.
- 10.6 The Leader shall provide a report to National Council at least quarterly.
- 10.7 At the first national convention following a federal general election when the Party does not form the government and the Leader has not indicated, prior to the commencement of the national convention, an irrevocable intention to resign, the delegates will vote by secret ballot if they wish to engage the leadership selection process.
- 10.8 In the event of any of the following, National Council shall implement the leadership selection process at the earliest convenient date thereafter:
- 10.8.1 the death or retirement of the Leader;
- 10.8.2 the Leader indicates an intention to resign by submitting notice in writing to the President of National Council;
10.8.3 more than fifty percent (50%) of the votes cast at a national convention as provided for in Article 10.7 are in favour of engaging the leadership selection process.
- 10.9 In the event of the implementation of the leadership selection process, the following shall apply.
- 10.9.1 The parliamentary caucus (including Senators) shall appoint an Interim Leader of the Party who shall exercise the powers and responsibilities of the Leader until a new Leader has been selected. A person appointed as Interim Leader may not be nor become a candidate in the leadership selection process. An Interim Leader may but need not be appointed where the Leader has indicated an intention to resign.
- 10.9.2 Theleadershipelectionorganizingcommitteeshalldeterminetherules and procedures for the conduct of the leadership selection process, including a dispute resolution procedure which shall be final and binding. The rules shall provide that a member may cast a postal ballot; the minimum membership period established for eligibility to vote in the leadership election shall be set so as to permit adequate time for ballots to be mailed to members and returned by mail. Voting by way of faxed ballot shall not be permitted.
- 10.9.3 National Council shall appoint the chair and members of the leadership election organizing committee. The committee shall be comprised of, but not limited to, the following; 6 National Councillors from different regions of Canada, 1 Senator, 1 Member of Parliament, and 1 Conservative Fund Canada member.
- 10.10 The election of the Leader shall be by way of a direct vote of members in every electoral district, as follows.
- 10.10.1 Each member of the Party will have one vote.
- 10.10.2 Each electoral district will be allocated 100 points or 1 point per vote cast at that stage, whichever is less.
- 10.10.3 Leadership candidates will be assigned a point total based on their percentageof the vote in each electoral district.
- 10.10.4 To win the leadership, a candidate must obtain a majority of points from across the country.
- 10.10.5 Voting will be by preferential vote (single transferable ballot).
- 10.10.6 Each leadership candidate is entitled to have scrutineers present at all stages of the vote count.
- 10.10.7 At each count round, both the weighted results and the results by electoral district shall be made public.
- 10.10.8 In the event the final ballot of any leadership contest is within 1.50% of point totals, a mandatory recount will be implemented; all ballots will be preserved while said recount is undertaken.
- 10.10.9 National Council or the Leadership Election Organizing Committee will engage an independent third party auditing firm to count the ballots in the votes specified in 10.7 and 10.10.5.