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
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 (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.
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.
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.
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 (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
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 (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.
At least three candidates are actively seeking the Conservative Party nomination in Calgary-Forest Lawn following the death of seven-term Member of Parliament Deepak Obhrai on August 2, 2019. Obhrai was first elected in 1997 and had already been nominated to run as his party’s candidate in the October 2019 election.
Andre Chabot, Ryan Ellis, and Amrit Rai Nannan, are expected to seek the Conservative Party nomination to succeed Obhrai.
Andre Chabot is a former Calgary city councillor and ran for mayor in 2017. He later ran for a United Conservative Party nomination in Calgary-East in 2018. Following allegations that nomination winner Peter Singh engaged in fraud and bribery during the nomination contest, Chabot and his fellow UCP nomination candidates Jamie Lall, Issa Moussa and Matthew Dirk signed a letter asking UCP Leader Jason Kenney and deputy leader Leela Aheer for the results of the contest to be overturned.
Ryan Ellis is the CEO of Accelerate Marketing & Web Design and has served as the Vice President of the Conservative Party association in Calgary-Signal Hill.
Amrit Rai Nannan is a teacher in the Rocky View School district and has volunteered as the regional director for the now-defunct provincial Progressive Conservative Party in east Calgary. She was an organizer for Student Vote at the school she teachers at during the 2017 and 2019 elections.
It is unclear whether former PC Party MLA Moe Amery will enter the contest. Amery briefly challenged Obhrai for the nomination but withdrew his candidacy in 2018.
In Calgary-Skyview, engineer Raj Dhaliwal announced his plans to challenge Jagdish Anand for the Liberal Party nomination.
Brian Gold is expected to be acclaimed as the Liberal candidate in Edmonton-Griesbach at a nomination meeting on August 24, 2019. Gold earned 21.6 percent of the vote as the Liberal Party candidate in Edmonton-Greisbach in 2015, and he later earned 12 percent of the vote in the 2017 Sturgeon River-Parkland by-election.
Three candidates are expected to seek the NDP nomination in Edmonton-Griesbach on August 27, 2019: Mark Cherrington, Abdulhakim Dalel, and Victoria Stevens. The NDP had their second strongest showing in Alberta in this district in 2015, with Janis Irwin earning 34 percent to Conservative candidate Kerry Diotte‘s 39 percent. Irwin was elected as the MLA for Edmonton-Highlands-Norwood in the 2019 provincial election.
Peter Nygaard defeated Jule Asterisk to win the Green Party nomination in Peace River-Westlock. Nygaard owns a plumbing and gas fitting company and is a member of Onion Lake Cree Nation.
And Aidan Theroux has been nominated as the NDP candidate in Sherwood Park-Fort Saskatchewan. Theroux is a second-year communications studies student at MacEwan University in Edmonton.
Please contact me at david.cournoyer@gmail.com for additions or updates related to candidate nominations in Alberta and I will add them to the list. Thank you!
Minster of Health and Deputy Premier Sarah Hoffman has been nominated as the New Democratic Party candidate in Edmonton-Glenora for the next election. Hoffman was first elected as MLA for this district in 2015 with 68 percent of the vote, unseating two-term Progressive Conservative MLA Heather Klimchuk. She previously served two terms on Edmonton’s Public School Board including as chair from 2012 to 2015.
Hoffman has managed to navigate her role as Health Minister, a large and challenging department, and continue to serve as Premier Rachel Notley’s chief political lieutenant. As I have written before, she is a contender for strongest member of cabinet, and is on my list of cabinet ministers who I believe are future Premier material.
Dave Hanson
MLA Dave Hanson fended off two challengers to secure the United Conservative Party nomination in the new Bonnyville-Cold Lake-St. Paul district today. City of Cold Lake mayor Craig Copeland, who also ran for the PC Party in Bonnyville-Cold Lake in the 2015 election, and private school administrator Glenn Spiess, were unable to unseat Hanson in this contest.
Schweitzer is endorsed by Chestermere-Rockyview UCP MLA Leela Aheer, former PC MLA and cabinet minister Jim Dinning, and former Calgary mayoral candidate Bill Smith. And Davis is endorsed by retired oil company executive Allan Markin and Kudatah leader George Clark.
Whoever wins this nomination will face Alberta Party MLA Greg Clark, who was first elected as MLA for Calgary-Elbow in 2015.
Toews is being endorsed by Walter Paszkowski (MLA for Smoky River from 1989 to 1993, and MLA for Grande Prairie-Smoky from 1993 to 2001),Everett McDonald (MLA for Grande Prairie-Smoky from 2012 to 2015), and County of Grande Prairie councillor Peter Harris.
Former Liberal Party MLA Mo Elsalhy is expected to be nominated as the Alberta Party candidate in Edmonton-South West on September 15, 2018. Elsalhy was the MLA for Edmonton-McClung from 2004 and 2008 and ran for the party leadership in 2008. He attempted a comeback in 2012 but was unable unseat PC MLA David Xiao. During his time as MLA he served in various critic roles, including as Official Opposition critic for Justice and Public Safety, and Innovation and Science.
CBC reported in May 2018 that Larson has questioned vaccination science and has suggested parents may be harming their children by vaccinating them against disease. Larson is an independent contractor and the step-son of former Reform Party Member of Parliament Deborah Grey.
NDP MLA Danielle Larivee is expected to be nominated as her party’s candidate in Lesser Slave Lake on September 16, 2018. Larivee was first elected in 2015, unseating seven-term PC MLA Pearl Calahasen. Larivee currently serves as Minister of Children’s Services and Minister for the Status of Women.
Marvin Olsen expected to be chosen as the Alberta Party candidate in Fort Saskatchewan-Vegreville on September 16, 2018. Olsen is the owner of Grim’s Contracting Ltd. Previously declared nomination candidate Campbell Pomeroy withdrew his name from the contest.
Calgary-Klein – Julie Huston has withdrawn from the UCP nomination contest.
Calgary-Lougheed – Rachel Timmermans has been selected as the Alberta Party candidate in this southwest Calgary district. Timmermans, a Mount Royal University policy studies student, will face UCP leader Jason Kenney in the next election.
Calgary-North – Tommy Low is seeking the UCP nomination.
Calgary-North East – Gurbachan Brar is seeking the NDP nomination in this new north east Calgary district. Brar is a former President of the Punjabi Likhari Sabha and a former broadcaster at RED FM 106.7.
Camrose – Kevin Smook is seeking the Alberta Party nomination. Smook is councillor for Division 1 on Beaver County council, where he was first elected in 2013. He served as Reeve of Beaver County from 2014 to 2017.
Edmonton-Rutherford – Aisha Rauf defeated Arnold D’Souza to secure the Alberta Party nomination. She is an instructor and according to her website biography is waiting for her PhD Linguistics thesis defence. She was interviewed in a September 2017 episode of the Broadcast.
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!
Former NDP leader, school trustee Ray Martin releasing new book
Martin is the former leader of the Alberta NDP and served as leader of the Official Opposition in the Legislative Assembly from 1984 to 1993. He was elected as the MLA for Edmonton-Norwood from 1982 to 1993 and Edmonton-Beverly-Clareview from 2004 to 2008, and ran for the provincial NDP in 9 separate elections between 1975 and 2012. He most recently served as a trustee on the Edmonton Public School Board representing Ward D from 2013 to 2017.
Martin’s decades worth of experiences in Alberta politics will certainly mean he has many interesting stories to tell. I am definitely adding this new book to my Fall 2018 reading list.
Two more candidates have joined the list of Edmontonians who have filed their intentions to run in Edmonton’s next municipal election on October 16, 2017. This is an increase of two since I last reported on July 19, 2016 that eleven candidates had filed their papers.
Moe Banga
Mohinder Banga was elected to City Council to represent southeast Edmonton’s Ward 12 in a by-election on February 22, 2016. The by-election was called to choose a successor to Amarjeet Sohi who was elected as the Liberal Member of Parliament for Edmonton-Mill Woods on October 19, 2015. Mr. Banga was briefly a candidate for the federal Conservative nomination in the Edmonton-Wetaskiwin riding in 2014 before his candidacy was rejected by party officials.
Mimi Williams
Local writer and political activist Mimi Williams has run for Edmonton City Council numerous times and most recently in Ward 7 in 2013, where she placed third with 12.3 percent of the vote. Ms. Williams is well-known in New Democratic Party circles and was a candidate for that party’s leadership in 1996. It was reported that she was recruited by the NDP in advance of the party’s recent Calgary convention to identify Kudatah activists who had purchased party memberships with the intention to disrupt the meeting. She is listed on the Elections Alberta website as the President of the NDP association in the Whitecourt-Ste. Anne constituency.
Prospective candidates need to file their intentions to run in order to fundraise for their campaigns but they do not need to identify what position they plan to run for until they submit their papers to the City Clerk on the official nomination day.
A skilled organizer with more than 25 years of experience as a taxpayers federation lobbyist and Ottawa politician, Mr. Kenney should not be underestimated by his opponents.
Mr. Kenney follows in the footsteps of his former colleague, Jim Prentice, who led the PC Party from 2014 until its defeat by Rachel Notley’s New Democratic Partyin May 2015. That election ended forty-four uninterrupted years of PC majority governments in Alberta.
Mr. Kenney recently purchased a membership in the PC Party, despite being widely seen as a supporter and ideological ally of the Official Opposition Wildrose Party, currently led by former MP Brian Jean.
Perhaps anticipating a threat of takeover, the PC Party recently abandoned its one-member one-vote system of choosing its leader in favour of a closed-delegate system, which forces candidates to campaign and organize in all 87 constituencies across the province.
It is unclear whether Mr. Kenney would resign as the MP for Calgary-Midnapore immediately or if he would keep one foot in federal politics until he secures a leadership position in a provincial party. Under provincial elections law, he does not need to resign his federal seat until he is a registered candidate in a provincial election.
Because of his track-record as a social conservative and Wildrose supporter, Mr. Kenney might not find a great deal of support among existing PC Party members, including the 1,001 who attended the party’s annual general meeting earlier this year. But two unite-the-right groups could provide him with a base with which to organize his PC leadership bid.
The two groups are part of a burgeoning cottage industry of anti-NDP groups, including the infamous and less polished Kudatah, that have popped up since the May 2015 election. Both the Wildrose and PC Parties have publicly rejected their overtures.
Alberta’s elections laws bar political parties from merging financial assets, meaning any actual merger between conservative parties is highly unlikely. Making things more complicated was the formation of a sixth conservative party last month – the Reform Party of Alberta. It may be a more likely scenario that a PC Party led by Mr. Kenney would apply to Elections Alberta to change its name to the Conservative Party of Alberta and urge Wildrose MLAs to run under its banner in the 2019 general election.
Cast into the opposition for the first time in 44 years, Conservatives in Alberta will need to define what their vision is for the future of our province. After decades of fiscal mismanagement, much of Alberta’s current economic situation is a result of decisions made by PC Party governments. Conservatives cannot simply expect that Albertans will forgive, forget and restore the natural governing party in 2019. Those days are gone.
Aside from his politically charged rhetoric about “free enterprise” and the bogeyman ‘bohemian Marxism‘ it remains completely unclear what Mr. Kenney’s vision for Alberta would be, besides just returning Conservatives to power. I expect we will find out more in the next few days.
