OTTAWA - Arguments over whether Prime Minister Stephen Harper broke his own fixed-date election law will be heard again next week by the Federal Court of Appeal.

The non-profit group Democracy Watch, which lost an earlier ruling on the issue last fall, said the appeal court’s decision will also indicate whether fixed-election laws in seven provinces and the Northwest Territories are binding.

The group contends that when the prime minister called an election in the fall of 2008, he contravened a bill the federal government had passed in May, 2007. That bill amended the Canada Elections Act, setting the date for the next election as Oct. 19, 2009, with subsequent federal elections taking place every four years.

The law was meant to prevent “snap” elections, which ruling parties tend to time for their own advantage.

“Fixed election dates make it more fair for parties, candidates and voters in terms of participation in the election on a level playing field,” said Duff Conacher, Democracy Watch’s co-ordinator. “And that’s why the law was changed, and why the law needs to be upheld by the Federal Court of Appeal.” Conacher said the lower court judge “ignored all the evidence and principles of statutory interpretation - his ruling was wrong in every way.” He also said Democracy Watch is not challenging the governor general’s power to call an election, but rather the prime minister’s power to advise her to do so outside of the fixed-election date schedule.

Jessica Georgakopoulos, spokeswoman for Minister of State for Democratic Reform Steven Fletcher, said, “We’ve always believed the 2008 election was called in accordance with the laws of Canada.” Because the matter is before the courts, she said she would not comment further.

Christina.spencer@sunmedia.ca