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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.

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Alberta Politics

Pension bill delayed as Hancock softens ground for next PC Party leader

Dave Hancock MLA Edmonton-Whitemud
Dave Hancock

In another move suggesting the spring sitting of Alberta’s Legislative Assembly could end within days, it appears that the passage of the Progressive Conservative Government’s controversial public sector pension law – Bill 9: Public Sector Pension Plans Amendment Act, 2014 – will be delayed until the fall sitting later this year.

The opposition filibuster of the pension bill ended yesterday when the PC Government backed down from its intent to pass the bill during this sitting and sensibly agreed to refer the legislation to the Standing Committee on Alberta’s Economic Future for public hearings.

Despite months of loud opposition from the close to 200,000 public sector employees who pay into the plan and were not consulted about the changes, Finance minister Doug Horner had planned push the legislation into law during this sitting of the Assembly. The delay puts Mr. Horner’s own flagship bill on the back burner until after the PC Party chooses a new leader in September 2014.

It will be up to the new Premier, who many suspect will be former federal cabinet minister Jim Prentice, to decide whether the pension bill should return or die on the order paper.

Doug Horner
Doug Horner

In spite of Premier Dave Hancock‘s instance otherwisea letter from popular Calgary Mayor Naheed Nenshi sent last week and made public by Liberal MLA Kent Hehr, more than certainly contributed to the slow-down of Mr. Horner’s pension bill.

The bill faced harsh criticism and stalling tactics from all opposition parties – the New Democrats, Liberals and Wildrose – and Mr. Nenshi’s letter came as a coalition of public sector unions intensified pressure on PC MLAs to negotiate, rather than legislate, any changes to the public sector pension plans.

 

This latest move appears to be another example of the “house-cleaning” taking place under the watch of Mr. Hancock, who last week helped the Government reach a tentative agreement with the province’s largest public sector union.

Speaking to a $500 a plate PC Party fundraising dinner last week, Mr. Hancock admitted that the 43-year governing PC Party had lost touch with its grassroots. The speech was an attempt to apologize for the excesses and gross missteps of Premier Alison Redford‘s government (it should be noted that Mr. Hancock was Ms. Redford’s Deputy Premier and staunchest public defender until her final day as premier).

A party loyalist to the core, it is suspected that Mr. Hancock is softening the ground for his successor by trying to resolve, or at least delay, some of the major political problems created by his predecessor.