Despite his win and favourable polling, Fleming's party lost the general election and, again, formed the official opposition. Fleming was critical of party leader Adrian Dix's positive-only campaigning during the election, partly blamed for the upset loss, saying that it allowed their opponents to define who they were and then attack that without response. Dix appointed Fleming to the role of education critic, moving his previous role of environment critic to Spencer Chandra Herbert. Upon Dix, resignation as leader of the BC NDP, Fleming was considered as a potential candidate and actively considered seeking the role. However, after both John Horgan and Mike Farnworth announced their intention run, Fleming decided he would not. Fleming later endorsed Horgan's candidacy. Horgan went on to become the leader and kept Fleming in his education critic role. In December 2015, Fleming fired his constituency assistant who was subsequently arrested, in July 2016, for defrauding the Victoria-Swan Lake constituency office of $120,420 since March 2009.