In late 1995 in the House of Commons, the Reform Party achieved the same number of seats as the Bloc QuebeHois which was the official opposition following the most recent general election. Again, the 1983 Alberta precedent, in so far as it was based on popular vote, was rejected. Following a general election in 1996 in the Yukon, the official opposition immediately before the election became the government. The former government and a third party were tied following the election. The former government was recognized as the official opposition.
Incumbency appears to be an important principle.
Before the recent general election, the Liberals formed the Government and the New Democrats were the Official Opposition. Like now, both held the same number of seats in the House of Assembly. Following the principle of incumbency as set out in the 1996 Yukon decision, the leader of the Liberals as the former premier could be the Leader of the Opposition but, also following the principle of incumbency, the leader of the New Democrats could continue as the Leader of the Opposition following a general election. Although the Yukon decision favoured the former government party, the choice was between the former government party and a third party, not between the former government party and the former official opposition. The Yukon decision is not very helpful in the present situation.