Alberta is getting an MLA Recall Law. Here is what it could mean for Alberta politics.

Photo: Mark Smith, UCP MLA for Drayton Valley-Devon (source: Facebook)

A private members’ bill introduced by Drayton Valley-Devon MLA Mark Smith would, if passed, create a law to allow Albertans to trigger a by-election in a riding where 40 per cent of registered voters have signed a petition recalling their MLA.

This is the second time Smith has introduced a private members’ bill calling for what is known as MLA recall. The first recall bill introduced by Smith, then a Wildrose Party MLA, was defeated in second reading in April 2016. His latest attempt, Bill 204: Election Recall Act, passed second reading today and stands a strong chance of passing third reading and becoming law. 

MLA recall was included in the United Conservative Party’s election platform, and allowing Smith deliver on this promise through a private members’ bill may his consolation prize after he was excluded from the cabinet after his gross comments about “homosexual love” surfaced during the provincial election.

MLA Recall is nothing new in Alberta. Bill 204 marks the eighth time since 1993 that Alberta MLAs have debated recall in the Legislature, and Alberta even briefly had an MLA recall law in the 1930s.

An law passed in 1936 by the newly elected Social Credit government of Premier William Aberhart required 66.6 percent of voters to sign a petition to trigger a recall by-election. The law was repealed by the government in 1937 when a recall campaign in Aberhart’s Okotoks-High River was gaining momentum and expected to trigger a by-election.

Smith’s bill would create a threshold of 40 per cent of eligible voters needed to trigger a recall by-election, which is significantly higher than previous versions of the bill, including one introduced in 2015 by Chestermere-Rockyview Wildrose MLA Leela Aheer that set the bar at a low 20 per cent of eligible voters.

Mark Smith’s bill has a number of concerning weaknesses

Removing a democratically-elected MLA from office through recall is a very serious action, and one that should be done only in certain serious circumstances.

Bill 204 places limits on when recall can take place, starting 18 months following a provincial election, but it does not place limits why it can be triggered.

Recall legislation proclaimed in the United Kingdom in 2015 states specific circumstances in which a recall petition can be triggered against a sitting Member of Parliament:

• A custodial prison sentence of a year or less—longer sentences automatically disqualify MPs without need for a petition;
• Suspension from the House of least 10 sitting days or 14 calendar days, following a report by the Committee on Standards;
• A conviction for providing false or misleading expenses claims.

If there is going to be a recall law in Alberta, it should be fair and should only be allowed to be triggered under certain circumstances, otherwise it could be used to punish MLAs who make unpopular decisions or break from their party on high-profile political issues.

Because Bill 204 appears to be silent on how political parties and third-party political groups, widely known as political action committees, can engage in the recall process, it seems possible that they could play a role in collecting petition signatures through coordinated campaigns.

Bill 204 does not appear to address the role of political parties in funding, supporting, or organizing recall petitions, meaning that the UCP, New Democratic Party, or another political party might be able to actively support a recall campaign against its political opponents.

While political parties and third-party political groups would still be required to report their financial disclosures, it is not clear how their activities or interference during the recall process would be monitored.

It is not far-fetched to believe that third-party groups, of both conservative and progressive persuasions, could start collecting signatures to trigger recall elections in ridings where MLAs were elected by narrow margins in 2019, like NDP MLAs Shannon Phillips in Lethbridge-West and Jon Carson in Edmonton-West Henday or UCP MLAs Nicholas Milliken in Calgary-Currie and Kaycee Madu in Edmonton-South West.

Empower MLAs rather than punish them

Being a backbench MLA in a government caucus is not a glamorous job. They are told where to be and how to vote on most issues, and rarely have the opportunity to demonstrate meaningful independence without facing admonishment from the Caucus Whip.

In many ways, the Legislative Assembly has become subservient to the Premier’s Office, and serves as a body that exists to pass government legislation introduced by cabinet, rather than debate legislation introduced by individual MLAs. This is not unique to Alberta and it is a problem that plagues legislative bodies across Canada (and likely the world).

One way that individual MLAs could empower themselves would be to change the standing orders to allow MLAs who are not in cabinet an increased opportunity to introduce private members bills. Right now MLAs earn the ability to introduce private members bills through a lottery, meaning that some MLAs will never have the chance to introduce a law into the Legislature. And private members’ bills are only debated on Monday afternoons, severely limiting their ability to get attention and get passed into law. 

Accountability of democratic officials is important, and that is why we have elections every four years. And as Albertans have demonstrated over the past two elections, they will not hesitate to dramatically unseat MLAs and governments.

It would be better for democracy in Alberta if we focused on ways to empower MLAs to better represent Albertans in the Legislative Assembly, rather than creating new ways to punish them.

UPDATE: Smith’s private members’ bill did not pass third reading and died on the Order Paper when the 2019/2020 session of the Alberta Legislature ended. It is expected a Government Bill on MLA Recall could be introduced in Spring 2021.