Who will be P.E.I.'s Official Opposition? Speaker's decision due Tuesday

A new sitting of the P.E.I. legislature will begin Tuesday with the Speaker settling an unprecedented conundrum for the Island: Which party should form the Official Opposition, if two of them have the same number of seats?

From 2019 to 2023,the Green Party had Official Opposition status, much of that time falling during the only minority parliament ever to sit in P.E.I. history.

But the Liberals and the Greens bothlost seats to the PCs in the 2023 general election, and the Greens lost more. With a 3-2 edge in terms of MLAs, the Liberals took over Official Opposition status when the house sat last May.

This month, the Greens evened the score with what many considered a surprise byelection win in District 19 Borden-Kinkora, taking the seat from the PCs.

There are perks to being the Official Opposition, including an extra $27,000 in salary and a government vehicle for the party leader; the right for one of its MLAs to chair the Public Accounts committee; and an extra seat on the legislative management committee, which has authority over budgetary matters within the Legislative Assembly of P.E.I., including caucus budgets. The Official Opposition also has an edge when it comes to speaking time in the house.

Deciding which party serves as Official Opposition will be the first order of business for Speaker Darlene Comptonwhen the legislature is back in session Tuesday.

No rule or precedent

Both the Greens and the Liberals have sent submissions to the Speaker, whose job it will be to decide on a path forward.

P.E.I. has no law or rule to decide what happens in such a case; nor is there any local precedent for the Speaker to draw from.

There is a rule when it comes to declaring a winner in a district, though. Elections P.E.I. held a coin toss in 2015aftera tie vote in one of the province's 27 electoral districts. That measure to decide which candidate goes forward as MLA in the event of a tie is still on the books.

With regard to Official Opposition status, the Greens have pointed to the greater share of the popular vote the party won in the 2023 election 22 per cent versus 17 per cent for the Liberals as a sign that Islanders wantedthem to take on the primary role of holding government to account.

Constitutional lawyer Lyle Skinner told CBCNews recently that Compton is likely to refer to a ruling from a similar situation in New Brunswick. In that case,the Speaker relied on incumbency as the deciding factor meaning the Liberals would maintain their Opposition status because they already have it.

But Skinner noted there have been other proposed solutions in similar situations, such as when the Speaker in the Yukon legislature opened the door forthe Liberal and Yukon parties tofulfill Official Opposition duties on a rotating basis. (It didn't happen because the parties couldn't come to an agreement.)

Ultimately, Skinnersaid it's for P.E.I.'sSpeaker to come to a decision in this case.

23:47Question Period: How does P.E.I.'s house work?

Calling all political nerds! This one is for you. The P.E.I. legislature opens for the spring sitting next week. CBC's Kerry Campbell stops by to break it down and answer your questions about the room where it happens.

No agreement on time allocation

There was nothing to suggest the Greens and Liberals were close to any kind of agreement going into this sitting.

Normally, party house leaders meet to discuss how time during the sitting should be split up among them.

The Greens have suggested an equal division of time during question period for both opposition parties, regardless of which holds Official Opposition status.

As of Friday afternoon, the three house leaders were not in agreement. If they can't agree, the matter of time allocation will also be decided by the Speaker.

"We're expecting equity with the Liberals," said interim Green Party leader Karla Bernard. "It's important for us to be able to bring Islanders' voices forward and to have the time to be able to do that effectively. And so, given we are equal, there is no reason that that time shouldn't be equitable."

No change required, say Liberals

But the Liberals say history is on their side, and are resisting giving up either time or status.

Interim Liberal leader Hal Perry said providing extra time for the Official Opposition to hold government to account "is something that has been tradition for over 100 years...It's something that I respect and I don't think that there should be any change.

"We've already been recognized as the Official Opposition here on Prince Edward Island. Regardless of numbers, that recognition should stand."

PCs promising 'good news'

As for Premier Dennis King, he said his government will introduce "a lot of, I think, good news and good innovations within the [operating] budget that we'll need to get approved and get moving to get rolling through the system."

The province delivered two long-awaited documents last week. The first wasa population framework on Thursday, together with a commitment to try to maintain population growth at a sustainable pace. On Friday, the province delivered its five-year housing strategy.

Would 2,000 new homes a year fix P.E.I.s housing problem? We ask the minister

9 months ago

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The P.E.I. government has a five-year plan to address the Island's ongoing housing crisis. It says 2,000 new homes need to be built a year to quell that shortage, but others say that number needs to be bigger.

Also on Friday, the government announced the opening of a new mental health emergency department at the Queen Elizabeth Hospital in Charlottetown, fulfilling a promise made under the previous Liberal administration.

"Health care, housing, they're our key areas of course," King said, saying he would leave specific details on the new spending to be announced by members of cabinet. "I think you'll see some very interesting and unique funding arrangements and programs that I think and I hope most Islanders will be pleased to see."

King said his government's legislative agenda would not be as "robust" as it was last fall, when 30 government bills received royal assent. A list shared with opposition parties last week included 15 bills.

Perry said the Liberals are working on a number of private bills, including an amendment to the Highway Traffic Act that would change vehicle registrationsso that owners pay only once, after they first purchase a vehicle.

Bernard said the Greens plan to introduce a bill that would protect victims of domestic violence from coercive control from their abuser, and an actto set out rules for dog ownership in unincorporated areas of the province.