Photos: Leela Aheer, John Archer, Greg Clark, Devin Dreeshen, Sarah Hoffman, Danielle Larivee, Rachel Notley, Janis Irwin, Rakhi Pancholi, Shannon Phillips (source: Legislative Assembly of Alberta website)
With more than 500 submissions made to the Best of Alberta Politics 2019 survey, your choices have been sorted and you can now vote in each category. Voting is open until Dec. 14, 2019 at 11:59 pm and the winners will be announced on the special year-end episode of the Daveberta Podcast on Dec. 16, 2019.
An honourable mention to Shannon Phillips, MLA for Lethbridge-West who placed a strong fourth in total submissions. Notley was last year’s winner in this category.
Who was the best Alberta cabinet minister of 2019? – Vote
Leela Aheer, Minister of Culture, Multiculturalism and Status of Women
Sarah Hoffman, Deputy Premier and Minister of Health
Shannon Phillips, Minister of Environment and Parks
Honourable mentions to Minister of Agriculture and Forestry Devin Dreeshen and Minister of Finance Travis Toews, who placed a close forth and fifth in this category. Former Municipal Affairs Minister Shaye Anderson was last year’s winner in this category.
Former Calgary-Elbow MLA Greg Clark was last year’s winner in this category.
Who is the up and coming MLA to watch in 2020? – Vote
Devin Dreeshen, MLA for Innisfail-Sylvan Lake
Janis Irwin, MLA for Edmonton-Highlands-Norwood
Rakhi Pancholi, MLA for Edmonton-Whitemud
An honourable mention to Edmonton-South MLA Thomas Dang, who placed a strong fourth in the first round of voting. Jessica Littlewood, former MLA for Fort Saskatchewan-Vegreville, was last year’s winner in this category..
Who was the best candidate who didn’t win in the 2019 Alberta election? – Vote
John Archer, NDP candidate in Edmonton-South West
Greg Clark, Alberta Party candidate in Calgary-Elbow
Danielle Larivee, NDP candidate in Lesser Slave Lake
An honourable mention to Fort Saskatchewan-Vegreville NDP candidate Jessica Littlewood, and Leduc-Beaumont NDP candidate Shaye Anderson, who tied for fourth place in this category..
What was the biggest political issue of 2019 in Alberta? – Vote
Budget cuts
Economy and jobs
Firing the Elections Commissioner
Turkey farm hostage taking
There were a lot of submissions in this category, so we decided to give you a chance to vote on the top four in this category.
What was the biggest political play of 2019 in Alberta?
This category is usually a dog’s breakfast, but this year your choice was clear. So we have declared the biggest political play of 2019 in Alberta was the United Conservative Party government firing of Election Commissioner Lorne Gibson. The UCP government’s omnibus Bill 22 dissolved the Office of the Election Commissioner, who was in the midst of investigating and issuing fines for violations of Alberta’s elections laws during the UCP leadership race in 2017.
Government watch-dog Democracy Watch has called on the RCMP to investigate the firing of the Election Commissioner and wants a special prosecutor appointed to oversee the investigation to ensure there is no political interference.
Submissions will close on Dec. 8, 2019 at 6:00 pm and the top three choices in each category will be included in a round of voting starting on Dec. 9, 2019. Voting will be open until Dec. 14, 2019 at 11:59 pm and the winners will be announced on the special year-end edition of the Daveberta Podcast on Dec. 16, 2019.
Take a trip down memory lane and check out the list of winners from the 2017 and 2018 Best of Alberta Politics Surveys.
Alberta MLAs have their own best MLA vote
Legislative Assembly Speaker Nathan Cooper initiated the first ever Alberta MLA awards to give MLAs an opportunity to vote for their colleagues in a number of categories. MLAs Tracy Allard, David Eggen, Nate Horner, Shane Getson, Janis Irwin, Martin Long, Angela Pitt, Rajan Sawhney, and Travis Toews were recognized by their peers for extraordinary work in service of the people of Alberta. More than half of the 87 MLAs returned the anonymous ballots, according to a report by Canadian Press reporter Dean Bennett.
Dozens of speakers stepped up to to the mic to share their two-minutes worth of opinions at the first “Fair Deal” Panel town hall meeting in Edmonton last night. The event in the large meeting room at the St. Michael’s Heritage Hall was well-attended, but not overflowing with crowds of angry Albertans demanding separation from Canada.
The first speaker up to the mic told the panel that he was a separatist from Quebec when he moved to Alberta in the 1980s and feels Alberta is not getting a fair deal from Ottawa. The second speaker used his two-minutes at the mic to boisterously declare that Canada was broken and that his personal Christmas wish was for Premier Jason Kenney to hold a referendum on separation.
A few speakers criticized the government for stirring up separatist sentiment, expressed hope that Alberta could collaborate with other provinces, and said they wouldn’t trust the United Conservative Party government to manage a provincial pension plan (a statement which got some enthusiastic cheers from sections of the room). But many of the speakers tended to share separatist, or at least anti-federal Liberal sentiments, venting frustrations about federal environmental laws, delivering detailed plot summaries of Ayn Rand’s Atlas Shrugged, and offering their expertise on constitutional issues.
In what was probably the most thoughtful two-minutes of the evening, Chris Chang-Yen Phillips, Edmonton’s former historian laureate and host of the Let’s Find Out Podcast, urged the panel to focus less on what we believe we are owed and more on taking care of each other.
Chang-Yen Phillips went on to explain that a fair deal in Confederation for him would be where every province does its part to lower carbon emissions, or transition away from fossil fuels. His comments might fall on deaf ears on the panel but it was a refreshing break from the separatist rhetoric that dominated the evening.
Who stood up at the mic was also telling. While not all of the speakers were white men who appeared to be older than 60 years old, it certainly skewed toward that demographic from my view in the room.
The panel was created following the Liberal Party‘s victory in the October 21, 2019 federal election, despite the Conservative Party earning 70 percent of the vote in Alberta, and was prescribed nine policy proposals that would ostensibly make Alberta more autonomous from the federal government in Ottawa. The proposals, ranging from creating a provincial police force to withdrawing from the Canada Pension Plan to barring municipal governments from making agreements with the federal government, are inspired by the Firewall Manifesto penned by a group of conservative luminaries in 2001.
Politically, the panel and its town hall meetings are both a relief valve and a steering wheel meant to allow Albertans to vent separatist sentiments while allowing Kenney to attempt to keep ahead of the crowd. Or at least that’s the plan.
During their time in opposition, the UCP was very eager to blame the credit downgrades on the New Democratic Party government’s “reckless” and “ideological” agenda, but it turns out that the credit rating downgrades have more to do with structural problems facing Alberta’s finances – like our unwavering over-dependence on oil and gas royalties to fund the day to day operations of the public service. That might have been a topic at a town hall interested in a fair deal for Albertans in Alberta, but this panel has a narrow political scope – and Kenney has Prime Minister Justin Trudeau is square in its sights.
There are plenty of articulate arguments to be made in favour and against pursuing the nine autonomy policies presented by the panel but they weren’t heard last night. The two-minute open mic format is a good way to let people vent and a poor way to collect meaningful information. If this is the format that is going to be used for the rest of the panel’s town hall meetings, it is difficult to believe they will gather much substantial feedback for their report to the government.
Independence Party of Alberta fires its President
Overshadowed by the media-darling Wexit group, the Independence Party of Alberta appears to be in a bit of internal turmoil.
The IPA, which recently changed its name from the Alberta Independence Party to the Independence Party of Alberta, released a statement on Nov. 1, 2019 announcing that interim president S. Todd Beasley had been removed from the position and his membership had been rescinded. The party then released another statement accusing Beasley and a group of former candidates of breaking internal party rules and being in possession of books of party membership forms.
Beasley is a controversial conservative activist who was believed to be the frontrunner for the UCP nomination in Brooks-Medicine Hat before he withdrew from the contest after making derogatory remarks about Muslims.
The Alberta Independence Party fielded 63 candidates in the April 2019 provincial election and earned a total of 0.71 per cent of the province-wide vote. Party leader Dave Bjorkman resigned shortly after the election and Wexit leader Peter Downing had announced plans to seek the leadership but his supporters appear to be continuing to collect signatures to form a separate Wexit Party.
Meanwhile, another group of separatists led by former Wildrose Party candidate Sharon Maclise, appears to be continuing its effort to collect signatures to register the Alberta Freedom Alliance as an official party in Alberta.
Public education advocate and school trustee Michael Janz joins Dave Cournoyer on this episode of the Daveberta Podcast to discuss the state of public education in Alberta and how cuts in the United Conservative Party‘s first provincial budget will impact the education system in our province. We also discuss what is behind the UCP’s drive to expand private and charter schools, and why the New Democratic Party did not cut the 70% subsidy for private schools in Alberta while they were in government.
We also opened the mailbag to answer some of the great Alberta politics questions sent in by our listeners, and announce the launch of the Best of Alberta Politics 2019 survey which starts later this week.
A huge thanks to our producer, Adam Rozenhart, who tried to keep us on track during this episode.
The Daveberta Podcast is a member of the Alberta Podcast Network, powered by ATB. The Alberta Podcast Network includes more than 30 great made-in-Alberta podcasts.
You can listen and subscribe to the Daveberta Podcast on Apple Podcasts, Google Play, Spotify, Stitcher, or wherever you find podcasts online. We always love to feedback from our listeners, so let us know what you think of this episode and leave a review where you download.
Send us your feedback, or ask us any questions you have for our next episode. You contact us on Twitter, Instagram, Facebook, or you can email us at podcast@daveberta.ca.
As conservative partisans gather at the Westin Hotel near the Calgary International Airport tonight for the United Conservative Party annual general meeting, thousands of public sector workers are wondering whether they will have a job next year.
Despite promising during the election not to cut front-line services, it appears that today was the day that Premier Jason Kenney chose to break that promise, giving a new meaning to Black Friday for many Alberta workers.
Beginning on April 20, 2020, the Alberta government and its agencies will begin laying-off an estimated 750 Registered Nurses and Registered Psychiatric Nurses represented by United Nurses of Alberta, more than 1,000 health care workers represented by the Health Sciences Association of Alberta, and the elimination of more than 5,600 full time equivalent positions held by workers represented by the Alberta Union of Provincial Employees.
This does not include layoffs of teachers by school boards reacting to lower than expected education funding in the provincial budget. The Calgary Board of Education announced last week that it expects to layoff 300 teachers as a results of the UCP budget. And about 90 government lawyers are expected to be laid-off by the Department of Justice, representing about 37 per cent of the lawyers working in the government’s Legal Services branch.
From hospitals to lab services to schools, these kind of layoffs will undoubtably impact frontline workers and the delivery of the excellent public services that Albertans depend upon every day.
The layoffs are expected to take place over the next three years, but this latest development comes one week after the government seized control of public sector pension funds and moved to rollback wages of public sector workers.
Unlike some previous conservative leaders in Alberta, who saw a positive role for government and public services in society, Kenney and the team of advisors surrounding him are committed to an ideological project that is bigger than just balancing the provincial budget. They want to reshape Alberta in a more free-market and individualist image that includes increased privatization of all government services and a much more combative relationship with public sector workers and the unions that represent them.
But, as I have written before, the free market might actually be one of the UCP government’s worst enemies.
Business leaders at an exclusive Lake Louise conference today warned that ‘a declining and outdated industry, a lack of innovation and a fascination with separation’ is hurting Alberta’s image. Mary Moran, CEO of Calgary Economic Development, told the meeting that ongoing environmental criticism, delays in building oil pipelines and a surge of separatist sentiment recently led a major technology company to decide not to relocate its office to Calgary.
Kenney responded that he had not heard such criticism when he met with business owners in Houston last week. The list of people Kenney met with while he was in Texas has not been released to the public, but it is likely they are aware of the growing list of investment banks and pension funds that are divesting from the oil and gas because of that industry’s contribution to climate change.
But do not expect that to stop the UCP government, which continues to move at a breakneck speed implementing its political programme. Kenney may still have a lot of political capital to spend, but many Alberta workers will remember this Black Friday, when they discovered that his promises to them weren’t worth much more than the coroplast sign he made them on.
Elections Alberta has released the initial financial disclosures showing how much money Alberta’s political parties spent and raised during the 2019 provincial general election campaign period spanning from February 1, 2019 to June 16, 2019.
This was the first election under the new election finance rules implemented by the New Democratic Party during their term in government. The NDP made a number of significant changes to how Alberta’s elections were financed, including banning donations to political parties by corporations and unions, and introducing a spending limit of $2,000,000 for political parties and $50,000 for candidate campaigns, but at the financial returns show, what the spending limits apply to are limited.
The $2,000,000 and $50,000 spending limits only apply to the actual 28-day election period from the time the election is called until Election Day. So the limit does not apply to the broader campaign period, which according to Section 38.1(2) of the Election Act, begins on February 1 in the year of the fixed-election date and ends ends 2 months after Election Day.
The Election Finances and Contributions Disclosure Act also creates exceptions to the spending limit on expenses categorized as “election expenses.” The expense limit during the 28-day election period does not apply to a candidate’s travel expenses related to the election, including meals and accommodation, a candidate’s child care expenses, expenses related to the provision of care for a person with a physical or mental incapacity for who the candidate normally provides such care, etc.
What the parties spent
The United Conservative Party spent $4,561,362.10 while raising $3,889,582.70 during the campaign period, ending the campaign with a deficit of $671,779.40.
$1,909,116.43 of the UCP’s expenses were spent on items that fall under the provincial limit, including $1,202,965.43 spent on advertising, posters, pamphlets and promotional materials. $2,619,471.83 was spent on expenses that was exempt from the spending limit.
The NDP spent $5,363,029.30 and raised $3,706,785.66, ending the campaign with a deficit of $1,656,043.64.
Of the NDP’s campaign expenses, $1,977,367.65 were spent on items that fall under the provincial limit, including $1,363,029.74 for advertising, posters, pamphlets and promotional material. $2,200,131.09 was spent on expenses that was exempt from the spending limit.
The Alberta Party raised $206,597 and spent $199,935 during the campaign period. $118,960 of the Alberta Party’s expenses fell under the provincial limit rules, including $21,932 spent on advertising, posters, pamphlets and promotional. Of the party’s total expenses, $74,975 was exempt from the limit.
The Alberta Liberal Party raised $101,233 and spent $130,063, ending the campaign with a deficit of $28,830. The Green Party raised $14,894.40 and spent $41,702.22, earning a deficit of $26,807.82.
Some candidates spent a lot during the campaign period
The campaigns of a number of UCP candidates spent considerable amount during the course of the broader campaign period. Here is a snapshot of some of the higher candidate campaign expenses:
Doug Schweitzer, UCP candidate in Calgary-Elbow: spent $309,597.22, of which $268,166.23 did not fall under the spending limit.
Tyler Shandro, UCP candidate in Calgary-Acadia: spent $122,170.91, with $77,463.88 not falling under the spending limit.
Kaycee Madu, UCP candidate in Edmonton-South West: spent $101,098, with $55,527 exempt from the spending limit.
Dan Williams, UCP candidate in Peace River: spent $92,268, with $52,750 exempt from the spending limit.
Jason Luan, UCP candidate in Calgary-Foothills: spent $92,268, with $52,750 exempt from the spending limit.
No NDP candidate candidate campaign spent anywhere near the amount of the big spenders on the UCP slate, but a number of candidates did exceed the $50,000 limit:
Rachel Notley, running for re-election in Edmonton-Strathcona: spent $73,297, with $39,798 exempt from the spending limit.
Christina Gray, NDP candidate in Edmonton-Mill Woods: spent $73,576, with $27,742 exempt from the spending limit.
Lorne Dach, NDP candidate in Edmonton-McClung: spent $64,282, with $27,396 exempt from the spending limit.
And the campaign of Caylan Ford, the UCP star candidate in Calgary-Mountain View who withdrew from the election before the nomination deadline, was recorded to have spent $83,100,50 during the campaign period that began on February 1, 2019, with $32,676.94 of these expenses being exempt from the spending limit.
Chief Elections Officer recommends changes
Chief Elections Officer Glen Resler recommended in his office’s recently released annual report that the spending limits be placed on the entire campaign period, rather than just the election period. He argued in the report that this change would “reduce the administrative burden and provide clarity for Chief Financial Officers of parties, constituency associations and candidates with respect to apportioning expenses between election and campaign periods.”
Resler recommended that Election Finances and Contributions Disclosure Act and the Election Act be “combined into one coherent statute to make the legislation more accessible to participants and electors and provide a much-needed opportunity to renumber the legislation.” Currently, eight other provinces and territories have one piece of legislation governing provincial elections.
CBC reports that the UCP government is expected to make major changes to Alberta’s election finance laws in the spring 2020 session of the Legislature. It is suspected that some changes could removing the limits of third-party advertisers to spend funds during the election and campaign periods, and raising the amount that individuals can donate to political parties. Changes are also expected to include moves to limit the ability of unions to fund third-party groups and to advocate for their members on political and policy issues.
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 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.
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.
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.
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.
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.
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.
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.
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
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.
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.
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.
Daveberta Podcast host Dave Cournoyer teamed up with AlbertaPolitics.ca writer David Climenhaga at the annual Parkland Institute Conference at the University of Alberta last weekend to share what we know and what we speculate might happen with the Canadian Energy Centre Ltd. (a.k.a. the War Room) and the Public Inquiry into anti-Alberta Energy Campaigns.
Thank you to our producer Adam Rozenhart for doing a great job improving the audio quality of this episode (it was recorded on Dave’s iPhone).
The Daveberta Podcast is a member of the Alberta Podcast Network, powered by ATB. The Alberta Podcast Network includes more than 30 great made-in-Alberta podcasts.
You can listen and subscribe to the Daveberta Podcast on Apple Podcasts, Google Play, Spotify, Stitcher, or wherever you find podcasts online. We always love to feedback from our listeners, so let us know what you think of this episode and leave a review where you download.
Send us your feedback, or ask us any questions you have for our next episode. You contact us on Twitter, Instagram, the Daveberta Facebook page, or you can email us at podcast@daveberta.ca.
Thanks for listening!
(Photo: David Climenhaga and Dave Cournoyer, source: Dave Cournoyer)
Allan’s son is a partner at Dentons’ Calgary office and Justice Minister Doug Schweitzer was a lawyer at that firm before he was elected to the Legislative Assembly. Schweitzer said he severed his connections to the firm earlier this year, but Allan’s son’s employment status at the firm raises some serious questions about conflict of interest.
The inquiry’s business is shrouded in secrecy and it was designed by the government to be exempt from Freedom of Information requests that would allow a certain degree of transparency. For example, the inquiry website states that Allan intended to travel to Vancouver and Washington, DC in September 2019, and the North Coast of BC and Toronto in October 2019, but because the inquiry is exempt from FOIP requests, it is unclear who he met with during his travels.
But that has not stopped the media from digging, and the leaks from leaking.
Allen is being paid $291,000 for his one-year contract, according to information gathered by Alberta Today’s Allison Smith, and will be paid up to $800 per day to provide testimony following the completion of the inquiry’s investigation. The Edmonton Journal reported that the inquiry is hiring a part-time executive director for $108,123.
CBC also reported that Allan donated $1,000 Schweitzer’s campaign for the UCP leadership in 2017, which raises questions about the nature of his appointment as the inquiry’s commissioner.
Much of the basis of the inquiry’s investigation, that foreign-funded organizations like the Rockefeller Brothers Fund are responsible for secretly financing anti-pipeline and anti-oil groups in Canada, appears to have been discredited by investigative research done by the National Observer’s Sandy Garossino.
Garossino analyzed data on international charitable granting and found that international foundations, mostly American, have granted around $2 billion to Canadian groups over the last decade, but only 2 per cent of those funds (around $40 million) has gone towards pipeline opposition.
Of that $2 billion total in international funds, about 33 per cent came from the United States government. The second largest funder is the Bill and Melinda Gates Foundation, contributed $537 million. The Rockefeller Brothers Fund environmental grants, which have been demonized in Alberta’s political and media circles, amounted to “just two dollars per thousand in Canadian foreign grants.”
The Foundation’s submission included a report showing that funding from outside Canada represented 0.85% of total funding received by Canadian charities, and 0.26% of total funding received by charities based in Alberta.
The Foundation harshly criticized the rhetoric, fear-mongering, and false statements used to justify the inquiry and the government orders authorizing its creation.
“To even imply that support of the energy industry or even agreement with government could become a criterion for determining whether an organization receives funding comes, we suggest, dangerously close to government direction of speech and thought. Leaving aside the legality of such an action, one could suggest that such a course of action would be contrary to the very principles of democracy.”
The inquiry is due to submit a final report to the Alberta government no later than July 2, 2020. In terms of the public inquiry’s credibility crisis and the damage it and the secrecy surrounding it could cause for our province’s reputation, Albertans might eventually need a public inquiry into the Public Inquiry into anti-Alberta Energy Campaigns.
International banks continue to divest from fossil fuels
While Steve Allan’s public inquiry is focused on anti-Alberta energy campaigns, the biggest threat to the oil and gas industry in Alberta might be the free market.
Sweden’s central bank announced this week that it no longer hold bonds issued by local authorities in Canada and Australia with high carbon-dioxide emissions. Bloomberg reported that the Riksbank said it had sold its holdings of securities from Alberta, where greenhouse gas emissions per capita are three times higher than in Ontario and Quebec.
Premier Kenney’s principal secretary, David Knight-Legg, faced criticism this week after it was revealed that the senior political staffer stayed in upscale five-star hotels while travelling to London on Alberta government business. According to financial disclosures, Knight-Legg spent more than $45,000 on travel, including four trips to the British capital since the UCP formed government in April 2019.
Meanwhile, the private corporation created by the Alberta government to fight defamation of the oil and gas sector has been running on silent. Not a peep has been heard from the $30 million War Room, now renamed the Canadian Energy Centre, since former reporter and defeated UCP candidate Tom Olsen was appointed as its managing director last month.
The War Room is also exempt from Freedom of Information requests.
Deep cuts to the provincial budget are resulting in the cancellation of public services and job layoffs across the province, and the fallout from the federal election continues to dominate the political discussion. And crisis – organized crisis – reigns, as Premier Jason Kenney’s United Conservative Party government dramatically shifts the political narrative on an almost daily basis.
But things got really weird last week when elected councillors of the County of Wheatland, a 8,700 person rural municipality east of Calgary, voted for a resolution calling for a possible Alberta independence vote. The councillor who introduced the motion is Jason Wilson, who according to his online biography also sits on the board of the local UCP association.
Yesterday, Kenney stood at the podium at the now one-day Manning Networking Conference in Red Deer to announce the creation of a “Fair Deal” panel that will look at ways to give the province more autonomy.
While some of the frustration felt by Albertans is legitimate, regional and partisan grievances are deeply intertwined in this province. With the UCP essentially operating as a provincial-wing of the federal Conservative Party, it is hard to believe that this panel would exist if Scheer had not snatched defeat from the jaws of victory on October 21.
The panel will be given a $650,000 budget to hold seven town hall meetings to consult with Albertans on a prescribed series of issues that have been bees in Conservative partisans’ bonnets for decades, including:
withdrawing from the Canada Pension Plan and creating an Alberta Pension Plan (something that was hinted last week and could have a big impact on the migration of interprovincial labour to Alberta),
replacing the Canada Revenue Agency by establishing a provincial revenue agency,
ending contracts with the RCMP and creating a provincial police force (the RCMP are currently investigating allegations of fraud in the UCP’s 2017 leadership contest),
opting out of federal programs like pharmacare,
forming an office of a Chief Firearms Officer (a Wildrose Party policy), and
creating an Alberta Constitution.
The panel’s mandate letter talks a lot about emulating Quebec, including implementing a rule that municipalities and school boards require the approval of the provincial government before they can enter into agreements with the federal government. This could be used by the Kenney government to cut off potential cooperation between municipalities and the federal government on projects like affordable housing, public infrastructure and climate change initiatives.
The panel and its town hall meetings are both a relief valve and a steering wheel meant to allow Albertans to vent their frustrations while allowing Kenney to attempt to keep ahead of the crowd. Or at least that’s probably the plan.
Kenney frequently boasts about the size of his electoral mandate, so it is notable that none of the autonomy polices to be considered by the panel were included in the UCP’s incredibly thorough election platform just six months ago.
The MLA committee was created in the wake of the infamous 2001 Firewall Letter, signed by right-wing luminaries Ted Morton, Tom Flanagan, Rainer Knopff, Andy Crooks, Ken Boessenkool, and future prime minster Stephen Harper, and in response to small but loud fringe groups like the Alberta Independence Party and the Separation Party of Alberta.
And, like many of the initiatives started in the final few years of Klein’s tenure as premier, it was a meant to create a distraction from what had largely become a rudderless government.
The mandate letter of the MLA committee was filled with much more flowery and hopeful language than the doom-and-gloom fear of separatism included in the mandate letter of Kenney’s panel. But the real mandate of the MLA committee was to travel the province to gauge support for the Firewall manifesto – a similar mandate of Kenney’s panel.
The MLA Committee on Strengthening Alberta’s Role in Confederation held 12 public hearings between January and March 2004 and here is what they recommended:
Pension Plan: “The Committee believes that withdrawing from the CPP and creating a separate Alberta pension plan is not in the best interests of Albertans. That is not to say that the CPP should not be improved for Albertans and all Canadians. The Committee further recommendsthat Alberta develop and advocate further CPP reforms that will end the intergenerational inequity, and move the CPP to a fully-funded foundation.” (Page 19)
Tax Collection: “Collecting our own personal income taxes would be a costly venture. One analysis suggests that set-up costs would be $30-40 million and that annual administrative costs could be between $70 and $160 million (including the costs of an additional 1,000-2,000 full time positions that might be required).By comparison, the administrative fee paid by Alberta under the TCA is less than $5 million annually. The Committee is also concerned that individual Albertans and businesses in the province would incur higher out-of-pocket costs in complying with two separate tax systems. This consideration alone makes the idea impractical. The Committee recommends that the Government of Alberta reach a new Tax Collection Agreement with the federal government that addresses Alberta’s concerns and provides increased tax policy flexibility.” (Page 21)
Police Force: “The Committee recommends that the Government of Alberta commission a detailed study of policing alternatives to the RCMP in advance of the 2007 cost review. This analysis should include a careful examination of costs, efficiencies, and levels of service. … The Committee further recommends that appropriate municipal stakeholders be consulted in the cost review negotiations in 2007, and that consideration be given to inclusion of such stakeholders on the Alberta negotiating team.” (Page 25)
Senate: “The Committee recommends that the Government of Alberta, through the Council of the Federation, encourage the Premiers to consider a process that would see the Prime Minister fill Senate vacancies from lists of provincial nominees. In Alberta’s case, the list should be generated by a Senatorial election.” (Page 29)
Intergovernmental Relations: “The Committee further recommends that the Government of Alberta re-establish an office in Ottawa. Close proximity to, and face-to-face contact with, federal decision-makers would improve relations between our governments and would help ensure Alberta interests are accurately and efficiently conveyed and addressed.” (Page 58)
Our Future: “The Committee also recommends that the Government of Alberta work towards fixing the underlying structural problems of our Canadian institutions that feed the flames of western alienation. The Committee further recommends that the Government of Alberta establish a fund for use in pursuing those legal challenges deemed to be necessary and desirable for safeguarding Alberta’s Constitutional jurisdiction.” (Page 59)
The MLA committee and its final report rejected the Firewall manifesto and was quickly forgotten after Paul Martin’s Liberals lost their majority in June 2004 and Klein’s PCs had their knuckles rapped in November 2004. But unlike Klein’s committee, which resulted in some fairly moderate and milquetoast recommendations, many of the panel members appointed by Kenney yesterday and the political environment they exist in are much more ideologically driven and politically divided.
This weird ride doesn’t look like it’s going to end anytime soon. There’s more crisis ahead.
Alberta to reopen office in Ottawa, again
In his speech to the Manning Centre, Kenney announced that the Alberta government will open offices in Ottawa, Quebec, and British Columbia. It is unusual and unclear why the Alberta government would need offices in other provincial capitals or in Ottawa, where Albertans just elected 34 Members of Parliament to represent their interests. But an office in the federal capital is not unprecedented.
The Alberta government opened an office in Ottawa in 1939. The Ottawa office was closed in 1996 and its last executive director, Gordon Olsen (brother of War Room CEO Tom Olsen), relocated to Calgary. A government review conducted in 2000 concluded that technology allows people to research information just as easily without a full-time office in Ottawa.
In 2004, Klein publicly mused about opening an Alberta government-funded office in Ottawa for the province’s elected Senate nominees, but the unpopular idea died quickly.
Premier Alison Redford reopened the office in 2013 and Calgary energy lawyer Alan Ross was hired as Alberta’s representative. Premier Jim Prentice closed the office again in 2015.
The results across Canada were a mixed colour of red, orange, green, blue, and bleu as Prime Minister Justin Trudeau is returning to Ottawa to form a new Liberal minority government. But the results in Alberta were anything but mixed.
The Conservative Party earned 69.2 percent of the total vote in Alberta in Monday’s federal election, which is 3 percent higher than the party’s previous high-water mark of 66.8 in Alberta in the 2011 federal election.
It is no surprise that the vast majority of Albertans voted Conservative and that nearly all of the province’s elected Members of Parliament are also Conservative. This has happened in virtually every election since I was born, and about 25 years before that too.
Conservative candidates were elected or re-elected in most ridings in ranges from 70 percent to over 80 percent. It appears that Battle River-Crowfoot remains the strongest Conservative voting riding in Canada, with 85 percent of voters in that riding supporting the Conservatives.
Conservatives also dominated in Alberta’s two largest cities, earning 69 percent in Calgary, and 63 percent of the vote in Edmonton, which voted overwhelmingly for the Alberta NDP in the recent provincial election.
The Conservative Party and its predecessor parties have dominated Alberta for decades, and the Conservative have represented the majority of Alberta’s federal ridings since 1958, and have held all of the province’s seats from 1972 to 1977, 1977 to 1988 and 2006 to 2008.
This election has once again reminded Canadians of the regional divides in our country but it should also not be a surprise. Regional division is a feature of Canadian politics and our First Past the Post electoral system exaggerates these divides.
While the NDP convincingly held off Conservative challenger Conservative Sam Lilly and Liberal Eleanor Olszewski, this election further exposed fractures between the provincial and federal NDP in Alberta.
McPherson’s opponents delighted in a decision by Rachel Notley to withhold her endorsement of McPherson until days before election day but it appears to have had no impact on the results in the riding. McPherson finished with 47 percent of the vote, four points ahead of now-former MP Linda Duncan‘s results from 2015.
Liberals lost.
Liberal MP and Minister of Natural Resources Amarjeet Sohi was defeated by Conservative Tim Uppal in Edmonton-Mill Woods, Randy Boissonnault was defeated by Conservative James Cumming in Edmonton-Centre, and Kent Hehr was defeated by Greg McLean in Calgary-Centre, leaving the Liberals with no seats in the House of Commons from Alberta, and likely no representation in the new federal cabinet from Alberta.
The Liberals saw their province-wide vote total in Alberta cut to 13.7 percent, down from 24.6 percent in 2015. The personal unpopularity of Trudeau in Alberta, fuelled by angst and frustration with the current economic situation and the consistently low international price of oil, made it very unlikely that the Liberals would do well in Alberta in 2019.
Despite Sohi’s loss in Monday’s election, the congenial and personally popular politician is frequently named as a potential candidate for Edmonton’s 2021 mayoral election if Don Iveson decides not to seek re-election.
What could a Liberal minority government mean for Albertans?
The prospect of the Liberal minority government influenced by the NDP and Greens could lead to the introduction of new national programs that will benefit Albertans – including universal pharmacare and dental care, and expanded childcare coverage – and the prospect of real electoral reform that could ease some of the rigid political divides we saw in Monday’s election.
Trudeau announced today that his government plans to move ahead with the construction of the Trans Mountain Pipeline Expansion Project, despite delays caused by court challenges from First Nations communities. Because the construction of the pipeline project does not require any votes of Parliament, the minority situation is not likely to impact the construction of the project.
Oil pipeline aside, the Liberals are expected to push forward on their climate change plans, including the introduction of a federal carbon tax in Alberta next year. In what could be a sign of changing times, New Brunswick’s Progressive Conservative Premier Blaine Higgs announced his plans to create a provincial carbon tax, dropping his opposition the federal carbon tax.
Kenney still campaigning…
Alberta Premier Jason Kenney is showing no sign he plans to end his campaign against Trudeau, announcing this week that he has sent a letter to the prime minister outlining the Alberta government’s demands, including a plan for a resource corridor and changes to the equalization formula (none of which Trudeau campaigned for ahead of Monday’s election).
Kenney has announced plans to hold a series of town hall meetings to gauge voter frustration following the federal election. This could be similar to the MLA Committee on Alberta’s Role in Confederation created by Ralph Klein and chaired by Edmonton MLA Ian McClelland in 2004, which travelled the province to gauge support for the Firewall manifesto (the committee’s final report rejected most of the manifesto’s proposals).
The town halls are both a relief valve and a steering wheel that allows people to vent their frustrations while allowing Kenney, as Klein would say, to try to keep ahead of the crowd.
Former Alberta MLA defeated in BC
Former Alberta MLA Alana DeLong was defeated in Cowichan-Malahat-Langford, finishing second with 25% behind NDP MP Alistair MacGregor. DeLong served as the Progressive Conservative MLA for Calgary-Bow from 2001 to 2015. She ran for the BC Liberals in the 2017 provincial election on Vancouver Island as well.
Is Alberta separatism on the rise? No.
The results in Alberta and bot-driven promotion of the #wexit hashtag on Twitter have fuelled a surge of media interest of Alberta separatism, an idea that has no wide-spread support in this province.
Many Albertans are feeling a real sense of frustration with the federal government, as Monday’s election results demonstrate, but there is no evidence that Albertans are flocking en masse to separatism. None.
It would appear as though Alberta Premier Jason Kenney’s decision to campaign with Conservative candidates in Ontario during the federal election did not improve those candidates chances on election night. According to unofficial results from the election, the average Conservative vote in the ridings of the 24 candidates who campaigned with Kenney dropped from 36.3 per cent in the 2015 election to 33.2 percent in 2019.
It appears as though only two candidates who Kenney tweeted that he campaigned with while in Ontario were elected on Monday. Thornhill MP Peter Kent saw his vote percentage drop from 58 percent to 54 percent, and Markham-Unionville candidate Bob Saroya earned the same 49 percent of the vote as he did in the previous election.
Only one candidate who Kenney campaigned with, Justina McCaffrey from Kanata-Carleton, saw her party’s vote total rise (from 30 percent in 2015 to 37 percent in 2019).
It was quite unusual for a premier to campaign for their federal party of choice in another province, but it was less unusual because the premier in question is Jason Kenney, a former federal cabinet minister who very much still operates as national politician.
Kenney is frequently named as a potential candidate for the leadership of the Conservative Party, and with Andrew Scheeron rocky ground after the party’s disappointing results in the election, this is a role that might come true for the Alberta Premier sooner than expected.
His decision to help out Ontario candidates in this election could help with his leadership ambitions, but the lack of a “Kenney bump” could fuel the impression that the western politician is not as powerful a force in retail politics in Ontario’s 905 region as he was believed to be.
As Kenney’s whistle-stop tour steamed through Ontario’s Ottawa area and 905 region, the actual Premier of Ontario, Doug Ford, was nowhere to be seen.
As Conservatives reflect on the results of the 2019 election, some are already suggesting that keeping the controversial Ford out of sight may have been a tactical mistake by Scheer’s campaign. Ford was seen as a liability to the federal campaign, but in hindsight he might have been a draw for the Conservative Party in Ontario.
While Kenney is certainly popular with Conservative partisans, it would appear as though that his perceived star power might have had little impact on the chances of Ontario Conservative candidates on October 21, 2019.
As the federal election results rolled in, Dave and Adam recorded a special episode of the Daveberta Podcast to talk about the election results in Edmonton and Calgary, what a new Liberal minority government led by Justin Trudeau could mean for Alberta, and how Premier Jason Kenney and the United Conservative Party will react.
Thanks to the Alberta Podcast Network, powered by ATB, for supporting the show. The Alberta Podcast Network includes more than 30 great made-in-Alberta podcasts,
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