Until last weekend, 2 of Alberta’s 6 seats in the Canadian Senate sat empty for years
Did you know that until recently, two of Alberta’s six seats in the Canadian Senate had been vacant for years?
You’re not alone if you didn’t know before last weekend. Most Albertans probably didn’t know.
You’re also not alone if you didn’t even hear about the appointments, because it was out of the news-cycle in about 24 hours.
Despite playing a big role in how federal laws are shaped in our country, the profile of Canada’s Senate, a place of sober second thought, usually flies far under the radar of most Canadians.
Alberta’s municipal election is only 14 days away.
When you think of municipal elections, you might immediately think about roads, libraries, sidewalks, pools, traffic, playgrounds, potholes, public transit, bike lanes and snow removal. And while these are some of the more high-profile responsibilities of municipal governments, the amount of information being thrown at voters in this year’s election has muddied the water about what the ballot issues on October 18 might be.
Electing Mayors, Councillors and School Trustees
The primary function of municipal elections is for voters to elect their local municipal officials in their city, county, municipal district, town, or village. Voters also cast ballots for trustees to govern their Public, Catholic or Francophone school boards. (Here is a list of candidates running in Edmonton’s municipal election).
As if there weren’t already are a lot of challenges facing municipalities, the COVID-19 pandemic has hit Alberta hard and municipal governments are bearing the brunt of many of those health, social and economic challenges.
Municipalities also face a hostile provincial government that has not hesitated to interfere in local issues, in some cases leaving Albertans with a choice between candidates who agree with the provincial government interference, candidates who want to keep their heads down in hopes for a change of provincial government in 2023, or candidates who will stand up for their communities and challenge the United Conservative Party government.
Senate Nominee Election
When you vote on Oct. 18 or in the advance polls you will probably be handed a few different ballots. One of them will ask you to choose up to three candidates in this year’s Senate Nominee Election.
Senate Nominee elections are a uniquely Alberta activity dating back to 1989. The elections are held to choose a list of names for the Premier to recommend to the Prime Minister for appointment to the Senate if vacancies occur.
There is currently one vacancy in Alberta’s 6-member Senate delegation and another vacancy is expected when Senator Doug Blackretires on October 31, 2021.
Unfortunately for the candidates running in this election, they are not going to be appointed unless the Prime Minister is a member of the Conservative Party, the only major party that recognizes the elections as legitimate. The Liberal Party has created a new application process for Senate appointments, dismantling the old partisan patronage machine, and the NDP believe the Upper Chamber should be abolished.
One of the major flaws of the Senate Nominee election is that winning candidates who might eventually be appointed to the Senate never ever have to face re-election, so there is no opportunity for voters to hold these “elected” Senators accountable for their decisions. In fact, they can stay in the Senate until they turn 75-years old if they decide to.
Another major flaw is that a province-wide election in a province of 4.3 million people makes it impossible for the Senate candidates to meaningfully reach many voters. I doubt most Albertans could name a candidate running in year’s Senate Nominee election, but here they are:
Physicians Dr. Sunil Sookram. and Dr. Karina Pillay (also the former Mayor of Slave Lake), Ponoka Mayor Rick Bonnett, former Western Barley Growers Association President Jeff Nielsen, and former deputy premier and finance minister Doug Horner are running as Independent candidates are are the more serious candidates with real public service experience.
Then there are the three People’s Party endorsed candidates who filed their papers to run in the Senate Nominee election only hours before they were defeated as candidates in the Sept. 20 federal election – Nadine Wellwood, Kelly Lorencz, and Ann McCormack.
And finally there are the three UCP loyalists endorsed by the Conservative Party of Canada – lobbyist and former UCP President Erika Barootes, right-wing activist and failed municipal candidate Pam Davidson, and Ukrainian-Canadian trade association president Mikhailio Martyniouk.
The three UCP/Conservative Party candidates, who appear to have less comparable actual public service experience than many of the Independent candidates on the ballot, are still probably going to win. But like previous Senate Nominee elections, the turnout will be low and number of spoiled ballots will be high.
Alberta’s Senate Nominee election should be a serious affair, but it will probably end up being a joke or an afterthought for most Albertans who will have no idea who to vote for.
Plebiscites and Referendums
Depending where you live in Alberta you could also be handed one, two or three additional ballots to cast your vote for referendums and plebiscites, though there is a good chance you haven’t heard much about them during this election.
Even if the Equalization formula was removed from the Constitution, Albertans wouldn’t actually notice any change. We would still pay federal taxes the same as we do now, but the federal government would not be obligated to distribute funds collected through federal taxes to the provinces through an Equalization formula as currently required by the Constitution.
The Equalization referendum is all about the politics of grievance and saving Jason Kenney’s leadership of the UCP. A yes vote won’t accomplish much and a no vote will probably hurt Kenney’s chance of remaining in the Premier’s Office for much longer (Kenney’s approval rating has dropped to 22 per cent according to a recent poll from ThinkHQ).
In this referendum, a no vote is a vote to continue the annual time change and a yes vote is a vote for darker mornings and lighter evenings in the winter. If I understand correctly, it could also mean that from March to November each year Alberta’s timezone will be two hours ahead of the times observed in much of British Columbia. The result of the vote on this question is binding on the provincial government.
At least in Edmonton, candidate endorsements have become a mini-story.
This year’s city council election has seen a string of high-profile endorsements of city council candidates from Mayor Don Iveson, mayoral candidate Mike Nickel and some individual NDP MLAs across the city. While it is not unheard of for incumbent City Councillors to endorse candidates in a municipal election, the number of endorsements in this year’s election is significantly higher than usual.
List of candidates incumbent Edmonton City Councillors have endorsed in this municipal elections.
Just like City Councillor endorsements, it is not unheard of for MLAs to endorse candidates, but this year the number of MLAs endorsing municipal candidates is higher.
The decision by some NDP MLAs to endorse candidates has flustered some political watchers who for some reason believe municipal politics should exist in a vacuum outside of provincial and federal politics, the endorsements appear to be a choice made by individual MLAs rather than a decision made by the party.
And in at least one case, NDP MLAs have endorsed different candidates. In Ward tastawiyiniwak, for example, the NDP endorsements appear to be split, with Edmonton-City Centre MLA David Shepherd endorsing Ahmed Knowmadic Ali and Edmonton-Beverly-Clareview NDP MLA Deron Bilous endorsing Cody Bondarchuk.
List of City Council candidates who Edmonton MLAs have endorsed in this election.
While there was an attempt a year ago to create a single-slate of progressive candidates in Edmonton’s city council election in response to expectations that the UCP would organize a slate, the organizing effort appears to have failed because there were too many progressive candidates wanting to run for city council to make a single-slate feasible.
While it has certainly made Edmonton’s political establishment uncomfortable, it is positive to see progressive groups organizing to support candidates. With traditional low turnout, low interest and high-incumbent re-election, municipal politics in Edmonton could use a bit of disruption.
The new rules make it legal for wealthy people to donate up to $5,000 each to as many candidates as they want in any municipal or school board election across the province, effectively removing the cap on individual donations. While municipal political donors do not receive the generous tax credits they get from provincial or federal donations, there are wealthy Albertans with the ability to financially influence candidates across the board.
The UCP also removed the requirement for candidates to disclose their list of donors ahead of Election Day, which would have allowed voters to see who is financially supporting candidates before they go to the ballot booth. Many candidates will already do this on their own but many won’t because they are not required to by law.
The new rules introduced by the UCP also allow Third Party Advertisers, colloquially known as political action committees, to spend up to $500,000 on advertising during the referendums, up from the previous $150,000 limit. Third Party Advertisers that spend less than $350,000 on advertising during a referendum are not required to file financial statements with Elections Alberta, which means those groups don’t have to publicly disclose their donor lists.
There are currently four registered Third Party Advertisers registered with Elections Alberta that are advertising during the Referendum. Alberta Proud (who’s contact person is former Wildrose Party press secretary Vitor Marciano), Equalization Fairness Alberta (run by former UCP ministerial chief of staff Dr. Bill Bewick), Society of Albertans Against Equalization (run by Canadian Taxpayers Federation director Franco Terrazzano), and Vote Yes To End Equalization Inc.
One Third Party Advertiser registered to participate in Calgary’s municipal election is being investigated by Elections Alberta for allegedly sending out campaign signs for Calgary mayoral candidate Jeff Davison.
And that is a quick guide to the dog’s breakfast that is Alberta’s 2021 municipal elections. Make sure to vote on Oct. 18 or in the advance polls starting today.
The 1980s were heady times for constitutional debaters and Senate reform advocates in Canada. Dozens of reports from various governments, organizations, and think-tanks studied the idea of reforming Canada’s appointed Upper Chamber.
Unlike today, when the majority of Senators sit as Independents, decades of federal Liberal Party governments had led to the 1980s Senate being overflowing with Liberal partisan appointees.
A motion from Minister of Federal and Intergovernmental Affairs Jim Horsman on November 23, 1983 led to the creation of the committee, which included 7 MLAs from the Progressive Conservative caucus, including Anderson, Calgary-North West MLA Sheila Embury, Highwood MLA Harry Alger, Calgary-Egmont MLA David Carter, Lacombe MLA Ron Moore, Edmonton-Kingsway MLA Carl Paproski, and Innisfail MLA Nigel Pengelly, and Independent former Social Credit MLA Raymond Speaker. The group spent more than a year consulting and studying the issue in Alberta, Canada and abroad.
The motion to create the committee and the 1985 and 1987 motions to hold Senate elections had cross-partisan support – including from the PC, New Democratic Party and Liberals. This is a marked difference from today, where the NDP are advocates of Senate abolition, the Liberals have their banished Senators from their federal caucus, and Conservatives (at least when they are in government) have largely fallen back into supporting the current appointed Senate model.
An advertisement asking for feedback for the committee.
The committee report tabled in the Legislative Assembly in 1985 included a number of recommendations for reforming the Senate that are much more ambitious than anything being presented by Senate election advocates today.
Unlike the unimaginative Senate Election Act, which is a largely farcical exercise, the Special Select Committee on Senate Reform called for wide-ranging constitutional reforms that would reorganize and increase the democratic accountability of the Upper Chamber.
The 1985 report recommended Senators should be elected using a first-past-the-post system and that they should represent constituencies identical to provincial boundaries. Senators would be elected for the life of two provincial legislatures with staggered elections allowing for three to be elected during each provincial election, with each voter being able to vote for three candidates.
The number of Senators would have been dropped to 64 had the committee had its way, with six representing each province and two representing each territory. This would presumably fulfill the “equal” part of the call for a Triple-E Senate (the other Es being effective and elected).
The report also recommended that “the Senate should be organized on a different basis than any other Upper House in the Commonwealth,” including being organized without the recognition of political parties.
The report argued that “if the role of the Senate is to represent the regions (provinces) of the country, it must be structured to represent those regions’ interests rather than the interest of national political parties.” This is somewhat reflective of the current Senate, where the majority of members sit as Independents rather than members of political parties.
The report recommended that traditional opposition and government roles in the Senate be abolished, including the positions of Government Leader and Opposition Leader, and that Senators should physically be seated in provincial delegations regardless of any party allegiances. Each provincial delegation would select a chairman who would should sit at the pleasure of the provincial delegation and participate in a Senate Executive Council, which would, along with the Speaker, determine the order of business of the Senate.
The report also called for the qualifications for candidates to the Senate to be made the same as those for Members of Parliament, removing minimum 30 years old age requirement of and $4,000 property ownership requirement.
It also noted that “the Senate should not be a forum for inter-governmental negotiations.”
Now a quick look at Bill 13, the Senate Election Act
Doug Schweitzer
The Senate Election Act introduced by Justice Minister Doug Schweitzer this week would allow the Senate nominee candidates to be chosen through an election but then, if the Prime Minister decides to appoint the winners, which he is not bound to do, they will be able to serve their time in the Senate until the age of 75 without ever having to face re-election.
The biggest flaw with this bill and Alberta’s previous Senate election laws is that there is no real accountability if these elected Senators never have to face re-election.
The Act introduced this week would have Senate candidates nominated by provincial political parties or as Independent candidate, but list their federal political party affiliation next to their name on the ballot. This is a significant change from the previous Senate nominee elections when candidates were listed under provincial party banners. It is unclear whether the federal political parties will have any say about the candidates who align with them in a provincially-administered Senate election.
Kenney and Schweitzer announced that the next Senate election will take place during the October 17, 2021 municipal elections, which will also be the date of the promised “equalization referendum.” It has been speculated that these events are scheduled on this date in order to boost conservative voter turnout in the municipal elections and fulfill the Conservative Party’s long-time dream of defeating Naheed Nenshi and electing a capital-C conservative into the mayor’s office in Calgary.
The Senate Chamber in Canada's Parliament Buildings in Ottawa.
The Senatorial Selection Act, the law that governs Alberta’s unique Senate nominee elections, expires on Dec. 31, 2016. With the current session of the Legislature expected to end at the end of this week, it is unlikely the law will be renewed.
The longstanding policy of the Alberta New Democratic Party which supports the abolition of the Canadian Senate likely means the Act will be allowed to expire, into the dust of legislative history.
Alberta has held Senate Nominee elections in 1989, 1998, 2004 and 2012. Only the Progressive Conservative, Wildrose and Evergreen parties nominated candidates in the April 2012 contest, which was marred by low turnout and a high-percentage of spoiled ballots. Three PC candidates were “elected” in 2012 and two – Doug Black and Scott Tannas – were appointed to the Senate in 2013.
The Senate Chamber in Canada's Parliament Buildings in Ottawa.
The Senatorial Selection Act, the law that governs Alberta’s unique Senate nominee elections, expires on Dec. 31, 2016. The longstanding policy of the Alberta New Democratic Party which supports the abolition of the Canadian Senate likely means the Act will be allowed to expire, into the dust of legislative history.
Don Getty
Members of the Canadian Senate are appointed by the Governor General on the advice of the Prime Minister. Alberta is the only province with a general election process to select Senate nominees, which have been held in 1989, 1998, 2004 and 2012.
Only a handful of Alberta’s elected Senators have actually been appointed to the upper chamber, as the election process exists outside of the Constitution and can be ignored by the federal government. Current Conservative Senators Doug Blackand Scott Tannas, elected in 2012, and Betty Unger, elected in 2004, were appointed to the Senate on the advice of former prime minister Stephen Harper.
With the exception of the 1989 election, when LiberalBill Code placed second, only the conservative Reform Party, Progressive Conservative, Alberta Alliance, Social Credit and Wildrose Party, and the environmentalist Evergreen Party have participated in the elections. Progressive candidates have also run as Independents without the backing of their political parties. In 1998, future NDP candidate Guy Desrosiers stood as an Independent Senate candidate (and placed third with 16.7% of the vote).
Rachel Notley
A high-level of rejected, declined and spoiled ballots in the Senate elections suggests that many Albertans are unengaged in this process. More than 178,000 ballots were rejected, spoiled and declined in the 2004 Senate election, amounting to 19 percent of Albertans who showed up to the polls. In 2012, more than 189,000 Senate election ballots were rejected, spoiled and declined, compared to only 7,822 in the provincial general election held the same day.
While the NDP have long supported the abolishment of the Senate, the idea has grown popular in conservative circles in recent years. Saskatchewan Premier Brad Wall has echoed the NDP’s calls for Senate abolishment, and in an odd pre-election maneuver, Mr. Harper tacitly endorsed the abolishment of the Senate if it could not be reformed (this took place after he appointed more than 50 Conservatives to the Senate, including Mike Duffy, Patrick Brazeau and Pamela Wallin).
Stephen Harper
A new Senate appointment advisory board created by the federal Liberal government led by Prime Minister Justin Trudeau after the October 2015 electionwill review nominated Canadians who meet the criteria of demonstrating a record of leadership in community service or professional expertise, a proven record of ethics and integrity and knowledge of the Senate’s role. It is unclear whether the new advisory board will place future provincially-endorsed elected nominees in higher consideration.
The current Alberta NDP government has not officially announced it will not renew the Senatorial Selection Act, but a speech from now-Premier Rachel Notley in 2009, while she was debating amendments to extend the Act until Dec. 31, 2016, strongly suggests that it will not be renewed again this year:
“…this is a piece of legislation that we can’t support because, quite frankly, it just provides a foundation to continue with what is currently a very ineffective system on the federal level.
As has been previously stated, our view is simply that the Senate should be abolished. It is not something that reflects the democratic makeup of our country. The historical rationale behind appointing a Senate has long since dissipated in terms of sort of the historical political concerns that underlay the initial construction of the Senate. The current elements of the Senate that we would effectively be promoting and encouraging the continuation of are, in my view, quite unacceptable.
Whether we elect our Senators or whether we have elections where the government chooses to appoint our Senators, we’re still dealing with the current situation, which is that the Senate itself does not reflect the national population distribution in that, you know, Alberta has six Senate seats, and New Brunswick, with about one fifth of Alberta’s population, has 10 seats. Eligibility for appointment in the Senate is still based in part on property ownership, and once appointed, Senators just get to hang around there until 75.
Whether we have this legislation or do not have this legislation, that’s exactly what’s going to happen. Having had this legislation, we’ve actually, if anything, encouraged the continuation of the Senate. We’ve encouraged buy-in to what is a fundamentally antidemocratic institution.
You know, this was something that came up originally as a means to make a political point when there were substantive discussions around Senate reform a long, long time ago. There have been no meaningful discussions around Senate reform for, I would suggest, about a decade at least.
This piece of legislation will simply give credence to what continues to be a dysfunctional system and one that is costly and one that has long since outlived its purpose. The bill has outlived the purpose, the process in Alberta has outlived the purpose, and frankly the Senate has outlived its purpose. For that reason, we cannot support the bill.”
