MLA Recall focuses on punishing politicians rather than making them better representatives

Another MLA Recall bill has been introduced into the Alberta Legislative Assembly, and this one looks like it will actually pass and become law.

Justice Minister Kaycee Madu introduced Bill 52: Recall Act in the Assembly for first reading today. If it becomes law, the bill would allow for a by-election to be called in a provincial electoral district where the signatures of at least 40 percent of the eligible voters are collected. Unlike previous Recall efforts, Madu’s bill expands recall to municipal councillors and school board trustees.

Forty percent is likely a high enough threshold to avoid frivolous, or maybe any, actual Recall by-elections. While there are certainly some circumstances where constituents are united in unhappiness with their elected officials, this bill seems to be more of a signal that the United Conservative Party has checked off a box on its to-do list than actually create a mechanism to improve democracy in Alberta.

Instead of being fearful of a revolt by their own voters, it is more likely that MLAs will be concerned that well-funded special interest groups, like the the Canadian Taxpayers Federation, could swoop into their district with a legion of paid volunteers to rabble-rouse and cause trouble for local representatives.

It might be more proactive to limit recall, like they have in the United Kingdom, to politicians who are convicted of criminal offenses or providing false or misleading expenses claims while in office.

Our democratic institutions do need to be tinkered with and improved, but so much of the focus of efforts like MLA Recall are focused on punishing elected officials rather than empowering them to do a better job. So rather than finding new ways to fire politicians, which Albertans have done a fairly consistent job in the past two elections, we should be creating ways they can do better jobs for us.

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. Most rarely have the opportunity to demonstrate meaningful independence without facing the wrath of the Caucus Whip or the Leader’s Chief of Staff. And, when time comes for re-election, their nomination papers require the ultimate endorsement of the party leader.

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’s, 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 enthusiastically demonstrated over the past two elections, they will not hesitate to dramatically unseat MLAs and governments if they feel the need.

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

History of Recall Legislation in Alberta

Madu’s Bill 52 marks the eleventh MLA Recall bill to be tabled in the Assembly since 1936.

1936: Bill No. 76 of 1936: A Bill Providing for the Recall of Members of the Legislative Assembly was introduced by the Social Credit government and passed after their surprising win in the 1935 election. The bill required 66.6 percent of voters to sign a petition to trigger a recall by-election.

1937: The law was repealed by the Social Credit government after a group of disgruntled Albertans was thought to have collected enough signatures to recall Premier William Aberhart in his Okotoks-High River constituency.

1993: Calgary-Buffalo Liberal MLA Gary Dickson introduced Bill 203: Recall Act, which would have trigged a recall by-election if 40 percent of eligible voters signed a petition demanding one. The bill was defeated in a 42-34 vote in the Legislature.

1995: Edmonton-Meadowlark Liberal MLA Karen Leibovici introduced Bill 224: Parliamentary Reform and Electoral Review Commission Act, which would have created a commission to study a handful of issues, including recall. The bill passed first reading but was never debated.

1996: Lethbridge-East Liberal MLA Ken Nicol introduced Bill 206: Recall Act, which would have trigged a recall by-election if 40 percent of eligible voters signed a petition demanding one. This bill was defeated in a 37-24 vote in the Legislature.

1997: Bill 216, Recall Act was introduced by Edmonton-Manning Liberal MLA Ed Gibbons but was never debated in the Legislature. If passed into law, the bill would have trigged a recall by-election if 40 percent of eligible voters signed a petition demanding one

2010: Calgary-Glenmore Wildrose MLA Paul Hinman introduced Bill 208: Recall Act, which would have trigged a recall by-election if 33 percent of eligible voters signed a petition demanding one. Reached second reading but was not debated further.

2015: Chestermere-Rockyview Wildrose MLA Leela Aheer introduces Bill 206: Recall Act, which would trigger a recall by-election if 20 percent of eligible voters signed a petition demanding one. The bill passed first reading and died on the order paper.

2016: Drayton Valley-Devon Wildrose MLA Mark Smith introduces Bill 201: Election Recall Act, which would trigger a recall by-election is 66 per cent of the electorate’s signatures from the previous general election was collected in 60 days on a sanctioned petition. The bill was defeated in second reading.

2019: Drayton Valley-Devon United Conservative Party MLA Mark Smith introduces Bill 204: Election Recall Act, which would allow Albertans to trigger a by-election in a riding where 40 per cent of registered voters have signed a petition recalling their MLA. The bill died on the order paper after it passed second reading.