Categories
Alberta Politics

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Notley asks LG to not give Royal Assent to Bill 22

Lois Mitchell
Lois Mitchell (Source: LG website)

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

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

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

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

John C Bowen Alberta Lieutenant Governor
John C. Bowen

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

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

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

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

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

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

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

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

Categories
Alberta Politics

The Kenney-Callaway collusion scandal erupts days before an expected election call in Alberta

What did Jason Kenney know and when did he know it?

A treasure trove of emails and documents released by CBC investigative reporters Charles Rusnell and Jennie Russell yesterday show that Jason Kenney‘s campaign for the United Conservative Party leadership provided Jeff Callaway’s campaign with resources ranging from “strategic political direction, media and debate talking points, speeches, videos, and attack advertisements, all aimed at undermining Kenney’s main political rival, Brian Jean.”

This comes a day after CBC broke the story that Alberta’s Election Commissioner has turned over to the RCMP its investigation into allegations of irregular political contributions involving Callaway’s so-called “kamikaze” campaign.

CBC reports that current UCP Caucus deputy chief of staff Matt Wolf, then director of issues management for Kenney’s campaign, communicated regularly with Callaway’s communications manager Cameron Davies, and at times Randy Kerr, who was working as Callaway’s campaign manager.

As director of issues management, Wolf was responsible for advising Kenney on the day-to-day campaign tactics and strategy of the leadership campaign.

Callaway’s withdrawal was something that wasn’t necessarily negotiable,” Davies told CBC. “It was something that had been decided in a meeting in mid-July between Callaway and the Jason Kenney leadership team.”

The Star Edmonton reporters Kieran Leavitt and Emma McIntosh reported that Davies said that ‘Kenney had first hand knowledge of the Callaway kamikaze campaign, and attended a meeting at Callaway’s house where it was discussed in July 2017.’

Kenney has repeatedly denied allegations that Callaway was a stalking horse candidate and he most recently denied knowledge of collusion. He told reporters at a press conference on Friday that that he asked his staff in late 2018 whether they had any knowledge of the the Callaway campaign allegations. “The result of those inquiries was that no one was aware of, had heard anything about or had in any way participated in such activity,” Kenney said.

And Clare Clancy has reported that Postmedia has obtained an email from Wolf to the UCP Caucus sent today in which he writes that “I’ve made no secret about that for those who have asked.”  The same Postmedia report says that Wolf has “gone home” and is not available for comment.

It is not clear whether “gone home” means Wolf was just not in the office at that minute or whether he has “gone home” to somewhere without wifi or cell phone signals for the duration of the election campaign.

Having one of Kenney’s senior advisors apparently leave on the eve of a provincial election call is not exactly the statement of confidence that UCP candidates and supporters will have been looking for today.

Collusion between the two leadership campaigns at this level is not illegal, but it is definitely not normal, certainly unethical and potentially a violation of the UCP’s Code of Conduct.

And as David Climenhaga noted on AlbertaPolitics.ca, U.S. Senator Howard Baker once said of a more famous political scandal, “it is almost always the cover-up rather than the event that causes trouble.”

The questions of legality surround the sharing of campaign resources and donations made by individuals to Callaway’s campaign, and where that money could have originated, which is why the RCMP have been asked to investigate. It has been alleged that some donors were not donating their own money, which is a violation of the Election Finances and Contributions Disclosure Act. One donor to Callaway’s campaign has already been fined $3,500 by the Commissioner for violating the Act.

The whole Kenney-Callaway collusion scandal is bizarre mostly because, as anyone who was paying attention to Alberta politics in 2017 can attest, Kenney was the clear frontrunner in the UCP leadership race.

With 20-years of experience as an Ottawa politician and the strong backing of Canada’s Conservative establishment, Kenney had the networks, support, and money to win a race against Jean on his own, without Callaway.

But it appears that it may of not been enough for Kenney to just defeat Jean in the UCP leadership contest. Maybe Kenney’s campaign felt they needed Callaway in the race in order so that he could win so decisively that his position as leader of the UCP would be unquestionable in the face of a frequently unruly and fractious conservative movement in Alberta?

We do not have an answer to that question – and Kenney’s silence on the topic over the past two days is deafening.

Categories
Alberta Politics

One Big Happy Conservative Movement: Kamikaze campaigns, Jason Kenney, Brian Jean, Derek Fildebrandt, Scott Moe, and the RCMP

Alberta politics can be a wild ride.

With an election expected to be called in a matter of days or weeks, Alberta’s Election Commissioner has turned over to the RCMP its investigation into allegations of irregular political contributions involving the so-called “kamikaze” campaign of United Conservative Party leadership contender Jeff Callaway, according to a report by CBC investigative journalists Charles Rusnell and Jennie Russell.

Brian Jean and Jason Kenney
Brian Jean and Jason Kenney

It has been alleged that that the UCP leadership campaign of Jason Kenney supported a “kamikaze mission“ by Jeff Callaway to target former Wildrose Party leader Brian Jean during the UCP leadership contest in 2017.

Elections Commissioner Lorne Gibson has already issued fines of $15,000 against Callaway’s campaign manager and former UCP nomination candidate, Cameron Davies, and $3,500 against donor Karen Brown. And last week, UCP executive director Janice Harrington announced that Calgary-Beddington candidate Randy Kerr had been removed because he “was not forthright in responding to the Party’s inquiries regarding his financial contribution to the Jeff Callaway Leadership campaign.

Scott Moe and Jason Kenney
Scott Moe and Jason Kenney

The story comes the day after heavy-hitters from western Canada’s Conservative establishment, most notably Saskatchewan Premier Scott Moe and former prime minister Stephen Harper, rallied around Kenney following rumours that Jean was preparing to jump back into politics – with the Alberta Party or Freedom Conservative Party.

It turns out that Jean was either actually working with the Freedom Conservatives, as party leader Derek Fildebrandt claims, or was clumsily trying to position himself as a UCP leader-in-waiting in case Kenney’s leadership collapsed following the news of a potential RCMP investigation. 

Jean has provided copies of emails and text messages showing that he contacted the UCP board of directors, Kenney and Harper months ago to raise concerns about Callaway situation, only to receive no response from Kenney.

Wildrose leader Brian Jean campaigned with Derek Fildebrandt in Strathmore-Brooks on the first day of the 2015 election. (Photo from Brian Jean's Facebook Page).
Wildrose leader Brian Jean campaigned with Derek Fildebrandt in Strathmore-Brooks on the first day of the 2015 election. (Photo from Brian Jean’s Facebook Page).

As Premier Rachel Notley noted to the media today, if the leader of another major political party was tied up in such an investigation, the UCP would be calling for their resignation. Notley is right, but do not expect Kenney to step aside anytime soon.

With the conservative political establishment rallying to Kenney’s defence, barring criminal charges being laid or Kenney-connected UCP organizers being perp walked in handcuffs, it is unlikely he would step aside because of or even during the course of this potential RCMP investigation. And even if Kenney did step aside, Jean now seems like a very unlikely choice to replace him. The role of interim leader would be a better fit for Olds-Didsbury-Three Hills MLA Nathan Cooper, who ably filled the role as interim leader during the UCP leadership contest.

Wildrose MLA Derek Fildebrandt joined Jason Kenney on the eve of his victory in the PC Party leadership race. (Photo credit: @pcyouthalberta on Twitter)
Wildrose MLA Derek Fildebrandt joined Jason Kenney on the eve of his victory in the PC Party leadership race. (Photo credit: @pcyouthalberta on Twitter)

An RCMP investigation is serious business and would take time before coming to a resolution, meaning that it would likely not be until after the election that Albertans learn the results of an investigation. I have heard some calls for Notley to delay the election call until after this potential investigation is concluded, pushing beyond Alberta’s unique three-month fixed election window, which seems unlikely but not impossible.

Even with a significant lead in most public opinion polls, the timing of this announcement is bad news for the UCP. It is without a doubt that we will hear leaders and candidates from the other parties use the words “UCP” and “RCMP” in the same sentence very frequently over the next few weeks.

NDP put health care on their pre-election legislative agenda

Lieutenant Governor Lois Mitchell is scheduled to read the Speech from the Throne on Monday, March 18, and the New Democratic Party government is expected to introduce health care legislation as a flagship bill in what is expected to be a short spring session of the Legislature.

Sarah Hoffman NDP MLA Edmonton-Glenora
Sarah Hoffman

The Throne Speech and Bill 1: Protecting Public Health Care Act, could be the last big pre-election opportunity for the NDP to push forward an election narrative on an issue that plays to their strengths.

Public health care is traditionally a strong issue for the NDP and stability in the health care system has been a hallmark issue for the NDP government. Health Minister Sarah Hoffman has steered the public health care system clear of the perpetual lurch from crisis to crisis that happened under the old Progressive Conservative governments.

It is unknown how many days or weeks the NDP plan to take for this spring session, but I am told that many NDP staffers and organizers are already “on vacation” from their day jobs working hard on campaigns across the province. 


UPDATE!

CBC has released a report report with new information related to the collusion between the Kenney and Callaway campaigns during the 2017 UCP leadership contest: The leaked cache of documents show Kenney’s campaign provided Callaway with resources including strategic political direction, media and debate talking points, speeches, videos, and attack advertisements, all aimed at undermining Kenney’s main political rival, Brian Jean.”

Categories
Alberta Politics

Brian Jean running for the Alberta Party? Not strangest thing to happen in Alberta politics, but it would be up there.

It might not be the strangest thing to happen in Alberta politics, but it’s up there.

Stephen Mandel Edmonton
Stephen Mandel

Just over a year since he resigned as the MLA for Fort McMurray-Conklin, former Wildrose Party leader Brian Jean is said to be making a big announcement later this week – and the rumour mill is churning hard with news that Jean could jump back into Alberta politics as the Alberta Party candidate in the new Fort McMurray-Lac La Biche district in the upcoming election.

A former MLA and MP for northeast Alberta, Jean has remained a vocal critic of United Conservative Party leader Jason Kenney since his departure from the Legislature following his defeat in the 2017 UCP leadership contest. In a recent op-ed in Alberta’s Postmedia newspapers, Jean described Kenney’s economic campaign promises as “fiscal fairy tales.”

And there are all the allegations that Kenney supported a kamikaze mission by Jeff Callaway targeting Jean during the UCP leadership contest in 2017.

His recent proclamations that “Canada is broken” and “Albertans are furious” at the state of Confederation makes Jean sound like he might be more at home at Yellow Vest protest or in Derek Fildebrandt‘s Freedom Conservative Party than in the caucus of the centre-rightish Alberta Party, but the third-place party led by former Edmonton mayor and briefly Progressive Conservative cabinet minister Stephen Mandel has already recruited a few strange bedfellows.

While rumours of Jean joining the Alberta Party are not new, Mandel’s recent change in tone with the new slogan “fiercely Albertan” feels tailor-made to recruit the former Wildrose Party leader.

Laila Goodridge United Conservative Party
Laila Goodridge

The Freedom Conservatives would seems like more natural home for Jean, if it were not for his stormy relationship with Fildebrandt, another former UCP MLA. But as I have already alluded, political can make strange bedfellows.

Running in Fort McMurray-Lac La Biche would mean Jean would be challenging his successor in the legislature, UCP MLA Laila Goodridge, a former political staffer who worked  as an organizer during his 2017 UCP leadership campaign.

While Goodridge’s party is riding high in the polls as she faces a rematch with New Democratic Party candidate Jane Stroud, a Wood Buffalo Municipal Councillor, it is not hard to imagine Jean turning what should have been a locked down district for the UCP into a competitive race. Jean represented the region in the House of Commons from 2006 to 2014 and in the Alberta Legislature from 2015 to 2018.

If Jean actually does make the jump, it would not be the first time a defeated conservative leadership candidate jumped to a new party in hopes of rebooting a political career. Many Albertans will remember when defeated 1992 PC Party leadership candidate Nancy Betkowski returned to the political stage to win the Liberal Party leadership in 1998 as Nancy MacBeth. (Spoiler: it didn’t turn out great).

All this said, let’s remember the last time Brian Jean hyped up political watchers into tuning in to his special announcement. Maybe Jean’s special announcement this week will actually be to tell us all that his newborn baby has slept through the night for the first time? (and if so, congratulations!).

Categories
Alberta Politics

Big Day in Beddington: UCP drop Randy Kerr over Callaway donation, Alberta Party MLA Karen McPherson decides not to run for re-election

United Conservative Party executive director Janice Harrington released a statement this evening announcing that Randy Kerr has been removed as the party’s candidate in the new Calgary-Beddington district. Here is an excerpt from Harrington’s statement:

Calgary-Beddington Alberta Map
Calgary-Beddington (Click to enlarge)

“Effective immediately, Mr. Randy Kerr has been removed as the UCP’s candidate in the constituency of Calgary-Beddington.

“In the last 48-hours, new information has come to our attention indicating Mr. Kerr was not forthright in responding to the Party’s inquiries regarding his financial contribution to the Jeff Callaway Leadership campaign.”

“To be clear, the Party is not making any allegations against Mr. Kerr regarding the legitimacy of his contribution to the Callaway Leadership, not against Mr. Callaway or his Campaign. This is not the Party’s rule to judge, and the Party does not in any way oversee financial contributions to leadership campaigns.

“However, it is our conclusion that Mr. Kerr was not sufficiently forthcoming with the Party’s earlier inquiries, and for that, he has been removed as a candidate.

“The Party has also proactively provided this new information to the appropriate office – that of the Elections Commissioner. Given that the matter is now with the Commissioner, it is inappropriate for us to comment further.

Josephine Pon United Conservative Party Calgary Beddington
Josephine Pon

According to Elections Alberta financial disclosures, Kerr donated $4,000 to Callaway’s leadership campaign in 2017. The disclosure was released months ago, so it is unclear what Harrington meant when she wrote that “Mr. Kerr was not forthright in responding to the Party’s inquiries regarding his financial contribution to the Jeff Callaway Leadership campaign.”

Kerr’s removal as a candidate comes on the same day it was revealed a lawyer representing the UCP sent a cease and desist letter to Independent MLA Prab Gill, who has been at the forefront of accusations of misconduct and alleged illegal activities that took place during the UCP leadership contest in 2017.

Earlier this week, UCP staffer posted a creepy video online of Gill meeting with an NDP staffer in an apparent attempt to discredit him. Kenney later accused the NDP of “working in secret” and “conspiring” with Gill to attack the UCP.

The Elections Commissioner is said to be investigating allegations that UCP leadership candidate Jeff Callaway was running a “kamikaze mission” backed by Kenney’s campaign in order to damage the chances of former Wildrose Party leader Brian Jean winning the vote.

Harrington also announced that the UCP has appointed Josephine Pon as their candidate in this district. Pon had been defeated by Kerr in the August 2018 nomination contest.

Alberta Party MLAs Greg Clark, Karen McPherson and Rick Fraser.
Alberta Party MLAs Greg Clark, Karen McPherson and Rick Fraser.

Meanwhile, Karen McPherson, one of three Alberta Party MLAs in the Legislative Assembly, announced on social media today that she has decided against running for re-election when the provincial election is called.

McPherson had already been nominated to run as the Alberta Party candidate in Calgary-Beddington, which replaces much of her the Calgary-Mackay-Nose Hill district she currently represents. She was first elected as an New Democratic Party MLA in 2015 in, unseating Progressive Conservative MLA Neil Brown, and left the NDP in 2017 to sit as an Independent and later joined the Alberta Party caucus.

The NDP have nominated Amanda Chapman as its candidate in Calgary-Beddington.

Non-Beddington related news

The Alberta Party has announced two new nominated candidates: Wayne Rufiange in Athabasca-Barrhead-Westlock and Jason Beekman in Taber-Warner. Rufiange recently sought the Alberta Party nomination in Morinville-St. Albert, but was defeated by Neil Korotash. Rufiange is principal of R.F. Staples Secondary School in Westlock.

The Liberals have nominated a handful of new candidates: Robin Macintosh in Calgary-Elbow, Michael Macdonald in Calgary-Klein, and Wilson McCutchan in Calgary-Lougheed. McCutchan was the Liberal Party candidate in Calgary-West in the 2012 election, where he earned 7.4 per cent of the vote. And Shirley Ksienski has replaced previously nominated candidate Rork Hilford in Calgary-Glenmore.

The Green Party has announced Brian Deheer will be that party’s candidate in the new Fort McMurray-Lac La Biche district. Deheer was a candidate for the leadership of the party in 2017 and 2018, and in the 2015 election had the party’s strongest showing in Lac La Biche-St. Paul-Two Hills, where he earned 2.8 percent of the vote. He was the federal Green candidate in the 2014 Fort McMurray-Athabasca by-election and in Fort McMurray-Cold Lake during the 2015 federal general election. He most recently ran in the Fort McMurray-Conklin by-election, where he earned 0.72 percent of the vote.

Four more candidates affiliated with the Alberta Independence Party have filed their papers to run as Independent candidates: John Morton in Edmonton-City Centre, Kenneth Morrice in Calgary-Hays, Todd Wayne in Edmonton-Castle Downs and Ben Maddison in Lethbridge-West.

Currently operating as an unregistered political party, Alberta Independence Party will need 44 candidates approved by Elections Alberta in order to gain official party status in the upcoming election.

If you know any candidates who have announced their intentions to stand for party nominations, please send me an email at david.cournoyer@gmail.com. I will add them to the list. Thank you!