If B.C. Conservatives win, interim leader Doerkson's path to premiership faces court challenge

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.