Tag Archives: Charter of Rights and Freedoms

Premier Rachel Notley rallies her NDP Caucus MLAs before the start of the fall legislative sitting on Oct. 30, 2017. (photo by Chris Schwarz/Government of Alberta Flickr)

When is Alberta Election 2019? What We Know versus Speculation

What we know:

The last provincial General Election was held 3 years, 7 months, 2 days ago on May 5, 2015.

According to Section 38.1(2) of the Elections Act, a general election should be held between March 1 and May 31, and in the same three-month period in the fourth calendar year thereafter. This means that the next general election will likely be held between March 1 and May 31, 2019. This fixed election period was introduced in the Election Amendment Act passed on December 6, 2011.

Election campaign periods in Alberta last 28 days. Section 39 (d) of the Election Act states: “the 28th day after the date of the writ is the day on which voting is to take place, or if the 28th day is a holiday, the next following day not being a holiday.” There are a number of statutory and religious holidays that fall in this fixed election period when an election day would not be held: Good Friday is April 19, Easter Monday is April 22, and Victoria Day is May 20.

In accordance with our parliamentary system of government, the Elections Act also states that nothing in the law “affects the powers of the Lieutenant Governor, including the power to dissolve the Legislature, in Her Majesty’s name, when the Lieutenant Governor sees fit.” This means that Lieutenant Governor Lois Mitchell could issue a writ of election and dissolve the Legislative Assembly whenever she is asked to do so by Premier Rachel Notley. It would be highly irregular for a Lieutenant Governor to deny a Premier’s wish to issue a writ of election.

Speculation:

There are a number of factors that could impact when exactly the election is called.

One major indicator of a party’s readiness for an election is the number of candidates they have nominated. As of today, the New Democratic Party has nominated 31 candidates in 87 districts, meaning that party will need to nominate a majority of its candidates in the first few months of 2019 in order to be prepared for a spring election. The United Conservative Party currently has nominated 74 candidates in 87 districts and will have almost an entire slate of candidates nominated by the end of 2018.

Whether the NDP will recall the Legislative Assembly in the spring of 2019 to present a Throne Speech and introduce a budget before calling an election is unknown at this point. The recent session of the Assembly, which ended on Thursday, December 6, 2018, is widely considered to be the last session in which a serious legislative agenda would be implemented. But it is not uncommon for governments to call an election immediately after tabling or passing a budget, and then using that budget as a de-facto campaign platform. 

In 2015, Premier Jim Prentice called an election twelve days after a 16 days session which ended with the tabling of a provincial budget. And Premier Alison Redford called the election five days after the MLAs voted to approve that year’s provincial budget.

Tabling a provincial budget before calling an election could be a double-edge sword for the NDP in 2019.

Using a budget as its re-election platform would allow the Notley government to highlight its continued investments in health care, education, and public transportation like Calgary’s Green Line and Edmonton’s west LRT expansion, and contrast its plan with the expected slash and burn budgets that would be introduced under a UCP government led by Jason Kenney. But unless there is a big change in Alberta’s economic situation (and the international price of oil), any budget presented by the NDP in 2019 would likely have a significant deficit. While both the NDP and UCP have said they would plan to run budget deficits for the next few years, it would draw unwanted attention to an issue that is not seen as the NDP’s strength.

But whether or not a budget is tabled before the election, Finance Minister Joe Ceci is still required by the Fiscal Planning and Transparency Act to publicly release a Fiscal Update and Economic Statement on or before February 28, 2019.

Elections Alberta will release the first quarter financial disclosures of fundraising by Alberta’s political parties in mid-April 2019. And if the UCP continues dominating in the fundraising field, the NDP may want to avoid a round of news coverage about how they have been out-fundraised by its main conservative opponent.

A shrewd calculation related to when the election is held could be related to when voters of certain demographics are likely to be in Alberta and have easy access of voting stations. Calling an early election could limit the ability of vacationing snowbirds to cast their ballots in the election. Polls have suggested that the UCP has a considerable lead over the NDP among voters over the age of 65. 

On the other end of the demographic spectrum, calling an early election in 2019 would ensure that university and college campuses are in session when the election is held. Polls suggest that the NDP have stronger support among younger and university educated voters. Mobilizing the student vote could make a difference in a number of electoral districts currently represented by the NDP, including Calgary-Currie, Calgary-Mountain View, Calgary-Varsity, Edmonton-Centre, Edmonton-Riverview, and Lethbridge-West.

Delay the election to late 2019 or early 2020?

Notley said publicly in 2017 that she intends to follow both the spirit and letter of Alberta’s fixed-election-date legislation. But as we all know, circumstances sometimes change in politics. 

There might be a backlash of public opinion, like the Progressive Conservative government faced when it called an election one year early in 2015, but the NDP do have the ability to wait until Spring 2020 to call the next provincial election. Alberta’s Election Act fixes the period to every four years, but the Charter of Rights and Freedoms says otherwise. 

According to Section 4. (1) of the Charter of Rights and Freedoms, “No House of Commons and no legislative assembly shall continue for longer than five years from the date fixed for the return of the writs at a general election of its members.

The decision to delay the next general election beyond Spring 2019 could have drastic electoral consequences for the NDP, but if the party already sees its chances of re-election as slim, as most polls suggest, it might be convinced to take the gamble. Waiting until late 2019 or early 2020 could mean the election could be held after the start of construction of the Trans Mountain Pipeline expansion and as the economy continues to recover from the drop in the international price of oil in 2014.

Delaying until 2020 would also give Notley an opportunity to campaign against Prime Minister Justin Trudeau in the expected October 2019 federal election. This would give Notley an opportunity to create some distance between herself and Trudeau, who had allies on the climate change file before their political relationship broke down over the Trans Mountain Pipeline expansion delays.

Delaying the election would have unclear consequences for Third Party Election Advertisers.

The Election Finances and Contributions Disclosure Act currently states these groups, commonly known as Political Action Committees, are limited to spending $150,000 province-wide on election-related advertising between December 1 in the year before an election and election day. This legislation was passed under the assumption that the fixed-election period would be honoured. If the election is delayed until past spring 2019 and the post-December 1 limits continue to be implemented, the ability of PACs to advertise during the election would be severely limited.


Today on 630CHED I joined Ryan Jespersen, Catherine Griwkowsky, and John Brennan to talk about the latest news in Alberta politics, including when the next election might be held.

Alberta Politics Roundup – Eve of Fall Sitting

Alberta Legislative Assembly

Alberta’s Legislative Assembly will begin the fall session on Monday, November 17, 2014.

Fall Legislative Session
November 17, 2014 will mark the start of the first legislative session for new Premier Jim Prentice, Health Minister Stephen Mandel and Education Minister Gordon Dirks. The 43-year old governing Progressive Conservatives have promised to introduce new laws focusing on property rights and ‘ending entitlements’ for their MLAs.

This will be Rachel Notley’s first session as leader of the NDP Caucus. And Liberal MLA Laurie Blakeman will introduce a private members’ bill supporting students who want to create Gay-Straight Alliances in their schools. Newly Independent MLA Joe Anglin is also expected to introduce a private members’ bill.

With the price of oil declining to the mid-$70 range and next year’s budget being prepared, Jonathan Teghtmeyer has shared 9 ways that Alberta could better manage our resources.

Constitutional Property Rights
Flanked by Lethbridge Conservative Member of Parliament Jim Hillyer and Lacombe-Ponoka MLA Rod Fox, Wildrose leader Danielle Smith announced her plans to introduce a motion calling on property rights to be included in the Charter of Rights and Freedoms.

The Wildrose motion will likely call for stronger action than will be included in Mr. Prentice’s flagship property rights bill. Also, it is almost politically impossible to amend the Canadian Constitution.

Wildrose in Red Deer
The Wildrose Party is holding its annual convention in Red Deer on November 14 and 15 (the PCs will meet in Banff). Sparks are expected to fly as activists vent their frustration about the party’s poor showing in four recent by-elections.

The departure of Mr. Anglin, a cancelled leadership review and a controversial motion to take away the ability of MLAs to remove their leader and the leader’s staff are also expected to fuel intense debate.

Government House leader
CBC reporter John Archer tweeted news that Justice Minister Jonathan Denis has replaced Municipal Affairs Minister Diana McQueen as Government House leader. Ms. McQueen was appointed to the position two months ago.

Tobacco
Mr. Mandel has announced plans to make it illegal for adults to smoke tobacco in vehicles with children and ban flavoured tobacco, but not menthol cigarettes. Menthol cigarettes are said to be favoured by seniors, who also tend to vote in larger numbers.

In 2012, Liberal leader Raj Sherman introduced the Tobacco Reduction (Protection of Children in Vehicles) Amendment Act, which would have made it illegal for adults to smoke tobacco in vehicles with children. Dr. Sherman’s bill was passed but never proclaimed by the PC Government.

Tailing Ponds
It has been one year since a breach of a containment pond at the Obed Mine spilled 670 million litres of toxic tailings into the Athabasca River and its tributaries.

The Alberta Wilderness AssociationMikisew Cree and Athabasca Chipewyan First Nations  and other groups are criticizing the federal and provincial governments for laying charges against the mine’s former owners, Sherritt International, or new owners, Westmoreland Coal Company.

Pro-pipeline Democrats force Keystone XL Vote
Hoping to stave off defeat in a December 6, 2014 runoff vote, Louisiana Democratic Senator Mary Landrieu is trying to force the United States Senate to vote on approval of the Keystone XL Pipeline before the end of 2014. Approval of the pipeline’s crossing the US-Canada border ultimately rests in the hands of President Barack Obama.

Yellowhead by-election
Voters in the Yellowhead federal riding will cast ballots in a by-election on Monday, November 17, 2014. Although Conservative candidate Jim Eglinski is expecting an easy victory, federal Liberal leader Justin Trudeau visited the constituency to campaign with candidate Ryan Mahugn last week.

Calgary Liberals
November 28. Kent Hehr expected to be acclaimed as federal Liberal candidate in Calgary-Centre. The popular MLA was first elected in Calgary-Buffalo in 2008. It is unclear if Mr. Hehr and fellow Liberal MLA Darshan Kang, who is running for the federal Liberals in Calgary-Skyview will resign their provincial positions before the next federal election.

Borderlands By-election
Voters on the Saskatchewan side of the divided city of Lloydminster elected a new MLA in a by-election held yesterday. Saskatchewan Party candidate Colleen Young was elected with 64% of the vote, defeating second place New Democrat Wayne Byers, who earned 29%. It is almost impossible to image an NDP candidate receiving that much support on the Alberta side of Lloydminster.  

Ms. Young replaces former Rural and Remote Health Minister Tim McMillan, who resigned in September to become the President of the Canadian Association of Petroleum Producers.

A plug…
I had the pleasure of joining the good folks at The Unknown Studio podcast to chat about Alberta politics this week. I also appeared on this week’s Alberta Primetime politics panel with Edmonton lawyer Roberto Noce and Mount Royal University professor Lori Williams.