Editor: Arthur B.C. Drache, C.M., Q.C. Pages 73-80 May 17, 2019 Vol. xli No. 10 Minister come to the Island during the election would be P.E.I. Election Produces Minority ªcounter-productiveº. Government ThesurgeoftheGreenswasnosurpriseaspollsformonths had suggested that they were running ahead of the two For the first time since the 19th century, voters in Prince traditional parties and might actually form the govern- Edward Island have abandoned their traditional embrace ment. In the event, the Conservatives finished with 37 of the Island's two-party system, electing a Tory minority percent of the popular vote, followed by the Greens at 31 government and handing the upstart Green Party official and the Liberals at 29. The NDP received just 3 percent. opposition status for the first time. Voter turnout was 77 percent, a five-point drop from the With all polls reporting the Tories had won 12 seats, the 2015 election. Greens held eight, and the incumbent Liberals, led by The election campaign was in stark contrast to that in Premier Wade MacLauchlan, had won six. But MacLau- Alberta. Civility was the rule of the day and even in the chlan lost his own seat. He subsequently announced his leaders' debate, there was more consensus on issues than resignation as head of the party. real debate. The Liberals were seeking a fourth term in office, having Premier-designate Dennis King now faces a task that has repeatedly reminded Islanders that the province's econ- never before been faced by a P.E.I. premier. He needs to omy remains the strongest in the country. A stellar figure out how to form a consensus in the Legislature economic record obviously wasn't enough. When the without having a majority of his own party there. King Legislature was dissolved, the Liberals held 16 seats in the promised a more collaborative approach to government 27-seat Legislature, the Tories had eight and Greens had during the campaign, and he will now be forced to make two seats. There was one independent member. good on that promise. King said the results showed While hardly a major element in the Liberal losses, the Islanders are looking for a new kind of politics. word was out that the party felt that having the Prime IN THIS ISSUE P.E.I. Election Produces Minority Government............73 Briefly Noted ......................................................... 78 Government Support of Journalism: Canada's New Spiro Named Tax Court Judge ................................. 80 Qualified Donee Meets a U.K. Review Ð Part II ..... 75 Gascon Retirement Gives Trudeau Another S.C.C. Newfoundland and Labrador Budget Heralds a Snap Appointment Before the Election ......................... 80 Election Call ...................................................... 76 Hello Premier Kenney..............................................77 Publications Mail Agreement # 40065782 73 THE CANADIAN TAXPAYER May 17, 2019 - Vol. xli No. 10 The Tory victory on the Island represents the latest in a series of gains for right-leaning parties, including wins in Alberta, Quebec, New Brunswick and Ontario within the last year. But the new P.E.I. government, however constituted, will have to rely on at least one of the other Editor: Arthur B. C. Drache, C.M., Q.C. partiesandwecanassumethatthisgovernmentwillnotbe Content Editor: Steve Hostetter ISSN 0225-0608 ideologically in bed with Premiers Kenney or Ford. There will be no abandonment of the federal carbon tax plans in Editorial Offices: P.E.I. 226 MacLaren St., Ottawa K2P 0L6 Phone: (613) 237-3300 x11 Among other things, King promised to expand beer and Fax: (613) 237-2786 Email: [email protected] wine sales to convenience stores. Access to family doctors Published Twice Monthly emerged as a key issue in the campaign. All four parties # 2019 Thomson Reuters Canada Limited talked about recruiting more physicians. According to NOTICE AND DISCLAIMER: All rights reserved. No part of this Health P.E.I., there are 13,083 Islanders on the waiting list publication may be reproduced, stored in a retrieval system, or transmitted, in any form or by any means, electronic, mechanical, for a family doctor. photocopying, recording or otherwise, without the prior written consent of the publisher (Thomson Reuters Canada, a division of On the Saturdaybefore the voteElections P.E.I. postponed Thomson Reuters Canada Limited). the vote in the district of Charlottetown-Hillsborough Park Thomson Reuters Canada and all persons involved in the preparation following the deaths of Green Party candidate Josh and sale of this publication disclaim any warranty as to accuracy or Underhay and his young son in a boating mishap on the currency of the publication. This publication is provided on the understanding and basis that none of Thomson Reuters Canada, the Hillsborough River. author/s or other persons involved in the creation of this publication shall be responsible for the accuracy or currency of the contents, or for A by-election will be held in the riding within the next the results of any action taken on the basis of the information three months. contained in this publication, or for any errors or omissions contained herein. Referendum results: As we have mentioned in these No one involved in this publication is attempting herein to render pages in past issues, there was a referendum at the same legal, accounting or other professional advice. If legal advice or other time as the election to give voters a chance to change the expert assistance is required, the services of a competent professional should be sought. The analysis contained herein should in no way be first past the post system. Such votes in the past have construed as being either official or unofficial policy of any always failed to meet the threshold required for the governmental body. change. We acknowledge the financial support of the Government of Canada, through the Publications Assistance Program (PAP), toward our Thequestionwas,ªShouldPrinceEdwardIslandchangeits mailing costs. voting system to a mixed member proportional voting Address all subscription inquries to: system?º One Corporate Plaza, 2075 Kennedy Road, Islanders were split on how they would like to vote in the Toronto, Ontario M1T 3V4 future. 1-416-609-3800 (Toronto & International) 1-800-387-5164 (Toll Free Canada & U.S.) More than 50 percent of Islanders voted ªno.º ªYesº was Fax 1-416-298-5082 (Toronto) Fax 1-877-750-9041 (Toll Free Canada Only) the popular choice in 15 ridings, but only took around 49 Email [email protected] percent of the popular vote. That means the referendum store.thomsonreuters.ca was defeated on two fronts. P.E.I.'s Referendum Act required a ªyesº vote to meet two thresholds to trigger a Though they fell short of an outright win, the Greens' change: the support of a majority of Island voters in the strong showing on election night was a major break- referendum (50 percent, plus one vote), and majority through for a party that did not hold a seat in the support in at least 60 percent of the Island's electoral Legislature until 2015. That's when party leader Peter districts (17 of 27 districts). Bevan-Baker won a seat in a general election after nine unsuccessful runs for office on the Island and in Ontario. All four party leaders said during the election campaign they would honour the results of the vote. During the leaders' debate the Green, Progressive Conservative and 74 # 2019 Thomson Reuters Canada Limited One Corporate Plaza, 2075 Kennedy Road, Toronto, Ontario, Canada M1T 3V4 | store.thomsonreuters.ca | thomsonreuters.com THE CANADIAN TAXPAYER May 17, 2019 - Vol. xli No. 10 NDP leaders said all supported a move to MMP, while 2. The proposed Institute would receive ªinnovation Liberal Leader Wade MacLauchlan declined to state a fundingº from government, another of the Recom- preference, saying he would let Islanders decide. mendations contained in the Review. It would also potentially receive funding for local public interest news and possibly take over, or co-manage, the existing BBC initiative known as the Local Democ- Government Support of Journalism: racy Reporting Service. Canada's New Qualified Donee Meets a 3. The recommendation of most interest to the non- U.K. Review Ð Part II profit and philanthropy sector is that new forms of tax relief should be launched to encourage the Daniel Frajman and Alana Petraske provision of local and investigative journalism, as Editor'Editor'ss NoteNote:: This is the second of a two-part series. well as to encourage payments for online news content. In contrast to the more concrete proposals in Canada, the United Kingdom has recently seen the publication of a new Tax reliefs: the U.K. status quo: In common with independentreviewonthe sustainablefutureofjournalism Canada, the United States, and many other countries in the U.K. worldwide, the U.K. grants certain tax reliefs as a matter of public policy to organizations that are charitable, and in Against a backdrop of ªfake newsº and the impact of the respect of donations to them. A charity for U.K. tax Internet on print journalism, the U.K. government tasked purposes must, among other things, be formed for Dame Frances Cairncross in 2018 with conducting the purposes that are ªexclusively charitableº for the public Review, which was published in February 2019.1 The basic benefit, currently codified in 12 specific ªheadsº of charity, conclusion of the Review is that high quality, independent aswellasanything,undera13thhead,thatisrecognizedas journalism matters in a democratic society, and that being sufficiently analogous. government intervention to ensure a sustainable future may therefore be warranted. If this intervention includes However, public interest journalism is not one of the the introduction of new charitable tax reliefs, the Review recognized heads and attempts to register charitable will not only be a significant advance for U.K.