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Alberta Politics

Kenney is the closest thing the Conservatives have to a “Svengali-like genius”

Six weeks after the federal election, Andrew Scheer has resigned as leader of the Conservative Party of Canada, raising instant speculation about who might enter the contest to replace him.

Rona Ambrose
Rona Ambrose

While there does not appear to be an obvious heir apparent, Alberta Premier Jason Kenney‘s name immediately comes to mind as a potential successor. But is appears as though Kenny could just be a visitor in Ottawa for the foreseeable future.

Kenney told Postmedia columnist Don Braid yesterday he had “absolutely no intention” of running for the leadership and offered what appears to be an early endorsement of former interim party leader Rona Ambrose.

In response to rumours of his federal ambitions, Kenney told Postmedia’s  Stuart Thomson that “I should be flattered that they think I’m some kind of Svengali-like genius.” The thing is, Kenney is probably the closest thing to a Svengali the Conservatives have. Whether you believe he a brilliant political operator with good intentions or a sinister political beast plotting to smash his growing list of enemies likely depends on whether you are his ally or opponent (ask Rachel Notley and Brian Jean). But there is no doubt he is a skilled career politician.

He also checks a whole bunch of boxes on the list of Conservative constituency groups.

Kenney started his political career as a social conservative anti-abortion activist at a private Roman Catholic university in San Francisco. He returned to Canada to become a founder of the anti-tax Canadian Taxpayers Federation. He spent 19 years in Ottawa as a Member of Parliament and, after briefly losing some favour with the party during Stockwell Day‘s disastrous time as leader of the Canadian Alliance, proved to be a loyal solider to Stephen Harper and worked his way into a senior cabinet role. And he has deep connections to conservative think-tanks like the Atlantic Institute for Market Studies (recently merged with the Fraser Institute) and New York City-based Manhattan Institute.

In less than two years, Kenney commandeered Alberta’s Progressive Conservative Party and merged its membership with its decade-old bitter enemy, the Wildrose Party, by winning the United Conservative Party leadership. He then led the party to win the 2019 election. Plus, he, or his closest advisors, were not above testing the limits of what was acceptable in order to win. And since entering the Premier’s Office, he has been a master of sowing chaos and creating crisis in order to implement his political program.

Kenney is respected by Conservative partisans and, as long as he can keep up his winning streak, will remain one of the most prominent leaders of the Conservative movement in Canada.

Or maybe I’m just giving him too much credit.

Winning as a Conservative in Alberta is a much easier task than winning in other parts of Canada, including populous regions like Vancouver, Montreal, and Toronto. Kenney’s whistle-stop tour through Ontario during the federal election resulted in dismal returns for Conservative candidates, and a recent poll shows his approval ratings in Alberta have plummeted by 15-points since his government tabled an unpopular provincial budget, which serves as a reminder that while he is a skilled politician, he is not invincible.

Which is why he might be reluctant to jump back into federal politics.

Being premier of a large province is certainly a more influential office, at least it is in 2019, and comes with more prestige than being leader of the official Opposition in Ottawa. But staying in Alberta means he is not one-step away from becoming Prime Minister of Canada, which many people still speculate is his goal.

Categories
Alberta Politics

Firing the Election Commissioner is bad for democracy and bad for Alberta

In an unusual but not unheard of piece of political theatre, New Democratic Party leader Rachel Notley was removed from the Legislative Assembly today when she refused to apologize for accusing the UCP government of obstruction of justice as it dissolves the independent Office of the Election Commissioner.

Rachel Notley Alberta Premier NDP
Rachel Notley (Source: Facebook)

Notley knew what she was doing, and did not take it lightly, as she was willing to be thrown out of the Assembly for a day in order to make her point. This is the first time in recent memory that a leader of the official opposition has been removed from the Assembly.

Meanwhile, Premier Jason Kenney was on a plane to Texas safely avoiding controversy when his United Conservative Party government introduced the omnibus bill.

Bill 22: Reform of Agencies, Boards and Commissions and Government Enterprise Act, a 174-page omnibus bill, is packed with legislative changes, including major changes to Alberta’s public sector pension plans, cuts to historical and sports groups, and dissolves the Office of the Election Commissioner. That last move in effect fires Commissioner Lorne Gibson and likely shuts down his years-long investigation into the UCP’s 2017 leadership campaign that has already led to more than $200,000 in fines.

The Election Commissioner’s investigation is related to illegal or irregular donations to the so-called Kamakaze campaign of Jeff Callaway, the former Wildrose Party president whose brief run for the UCP leadership is considered to have been a stalking-horse for front-runner Kenney. The RCMP are conducting a separate on-going investigation into the UCP leadership campaign.

Jason Kenney Alberta Politics
Jason Kenney (Source: Daveberta.ca)

Kenney’s campaign closely collaborated with Callaway’s campaign, and Matt Wolf, now the Premier’s Executive Director of Issues Management, played an intimate role. But that’s not the shady backroom business that is being investigated by the Commissioner or the RCMP.

The Office of the Election Commissioner was created in 2017 because it was determined that the Chief Elections Officer did not have the resources or political independence to launch thorough investigations into violations of Alberta’s election finance laws.

Wildrose MLAs argued against the creation of his office and UCP supporters have both despised and dismissed Gibson’s investigations, but it is the timing and brazenness of the firing that was shocking.

Before it was tabled for First Reading in the Assembly, Government House Leader Jason Nixon moved to fast-track Bill 22 by severely limiting debate to one hour at each stage in the Legislative process.

Finance Minister Travis Toews has framed dissolving the Office of the Election Commissioner, with its $1 million annual budget, as a money saving decision. But at the same time, the UCP government is spending $2.5 million on a public inquiry to intimidate its political opponents and is providing a $30 million public relations subsidy to the oil and gas industry through the creation of Canadian Energy Centre Ltd.

The UCP are changing the rules because people involved in the party broke the rules and were starting to get caught. Kenney knew that firing the Election Commissioner would be unpopular, but he is clearly willing to spend significant political capital to end the investigations into the Kamikaze campaign. It is a cynical move that is bad for democracy and bad for Alberta.

Notley asks LG to not give Royal Assent to Bill 22

Lois Mitchell
Lois Mitchell (Source: LG website)

Notley has asked Lieutenant Governor Lois Mitchell to not sign Bill 22 when it passes third reading.

It is clear that the best interests of Albertans would be served by allowing the Office of the Election Commissioner to continue its investigations into violations of Alberta’s elections laws, an unlikely outcome if Bill 22 passes, but it is both a serious request and a risky and potentially ineffective political move to ask the Lieutenant Governor to intervene (as she is likely to decline, or worse, simply not respond to the request). 

That said, the Lieutenant Governor does have a power known as reservation, which has rarely been exercised over Canadian history, and probably for good reason. The powers exist in Section 55 of the Constitution Act, and explained plainly, it means the Lieutenant Governor may adopt one of three courses of action in regard to any legislation passed by the Assembly: they may assent, they may “withhold” assent, or they may reserve their assent for “the Signification of the Queen’s Pleasure.”.

I am aware of two examples in recent history in which a Lieutenant Governor opted to withhold Royal Assent to a bill passed by a provincial legislature.

John C Bowen Alberta Lieutenant Governor
John C. Bowen

In 1937, Lieutenant Governor John Bowen refused to give Royal Assent to three bills passed by Premier William Aberhart’s Social Credit government, including the Accurate News and Information Act, which would have forced newspapers to hand over the names and addresses of their sources to the government, and to print government rebuttals to stories the provincial cabinet objected to. The unconstitutionality of the three bills was later confirmed by the Supreme Court of Canada.

In 1961, Saskatchewan Lieutenant Governor Frank Bastedo opted to withhold Royal Assent for a mineral rights bill, which was later approved through an order-in-council passed by the federal cabinet in Ottawa.

There have been two recent cases in Alberta’s history where Lieutenant Governor’s have publicly mused about withholding assent.

Ralph Steinhauer Alberta Lieutenant Governor
Ralph Steinhauer (Source: Alberta Lieutenant Governor on Flickr)

In 1977, Lieutenant Governor Ralph Steinhauer, the first person of Aboriginal heritage to be appointed to the post, considered withholding Royal Assent and publicly spoke against Bill 29:The Land Titles Amendment Act.

The bill introduced by Premier Peter Lougheed’s PC government was designed to prevent Aboriginal land claims in the northern Alberta, including the oilsands producing areas.

And in 2000, Lieutenant Governor Lois Hole publicly suggested she might have a long talk with Premier Ralph Klein before granting Royal Assent to Bill 11, a controversial health care bill.

And in one of the most odd-ball political plays including the  Lieutenant Governor: the Kudatah. Opponents of Notley’s NDP government collected signatures for a petition to present to the Lieutenant Governor to hold a a plebiscite on the carbon tax and Farm safety laws or else they would enact a secret clause in the Elections Act to overturn the results of the May 2015 election (or something like that). With everything else that is going on lately, I don’t think Albertans need or want a repeat of that.