If B.C. Conservatives win, interim leader Doerkson's path to premiership faces court challenge
B.C. NDP Attorney General Niki Sharma warns that Doerkson cannot run for permanent leadership under party rules, suggesting the role could be contested in court.
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Update — September 27, 2026: A legal opinion dated September 25 obtained by the B.C. Conservative Party states that if the party wins the October 24 provincial election, interim leader Lorne Doerkson could remain as both Premier and party leader for more than 18 months without a membership vote, with no mechanism for members to review his leadership during that period. The opinion notes that calling a leadership election would be entirely at the discretion of the party board. The NDP has warned that this arrangement raises concerns about democratic accountability.
B.C.'s snap election has created an unusual constitutional question: if the Conservative Party wins on October 24, will interim leader Lorne Doerkson actually be allowed to stay as premier?
The Conservative Party constitution requires that a leadership election be held within 12 months of a leader resigning. Kerry-Lynne Findlay stepped down September 20, and Doerkson was appointed interim leader two days later. The rule also states that an interim leader cannot run to become permanent leader — meaning Doerkson would be barred from contesting his own succession.
On Wednesday, the Conservative board issued a statement pledging to change the constitution to clear a path for Doerkson if elected, but B.C. Attorney General Niki Sharma said that process itself could face legal challenges. Under the Societies Act, any constitutional amendment requires a two-thirds vote of party members.
"Their constitution is legally binding, and it cannot simply be ignored or rewritten behind closed doors—that would break the law," Sharma said in an email to Business in Vancouver. "This same party has turfed four leaders in the last eight months, and its membership would not hesitate to fight this in court—and likely win."
Sharma pointed out that the same membership that would need to approve the change is the group that voted in Findlay — suggesting internal party resistance could block the move. Former Conservative executive director Angelo Isidorou countered that an election victory would give Doerkson a strong mandate to pass the amendment at a special meeting.
The BC NDP has called on the Conservatives for clarity on the constitutional path forward. If the Conservatives win but cannot resolve the leadership question, the matter could end up in B.C. Supreme Court.
What legal mechanism would party members use to challenge an amended constitution in court?
If Doerkson wins but cannot constitutionally remain leader, who would become premier?
We'll update this story as answers emerge.
The facts
Why can't Lorne Doerkson run for permanent Conservative leadership?
The Conservative Party constitution states that an interim leader cannot run to become permanent leader. Doerkson was appointed interim leader on September 22, 2026, after Kerry-Lynne Findlay resigned on September 20, 2026.
What would the Conservatives need to do to allow Doerkson to run for permanent leadership?
They would need to amend their constitution, which requires a two-thirds vote of party members under the Societies Act. The Conservative board pledged on Wednesday, September 23, 2026, to make this change if elected.
What does B.C. Attorney General Niki Sharma say could happen if the Conservatives try to change their constitution?
Sharma warned that the amendment process itself could face legal challenges in court, since the constitution is legally binding and cannot be rewritten without following proper procedures.
