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.
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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 The law was repealed by the government in 1937 when a recall campaign in Aberhart’s Okotoks-High River was gaining momentum and expected to trigger a by-election.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.
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.
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.
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
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.
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.
The campaign features a video of Albertans reacting to some of Kenney’s more outlandish statements and views on social issues.
That the NDP is focused on the Kenney is no surprise. The UCP behemoth has a significant lead over the NDP in the polls, in fundraising, and party membership, but Kenney’s popularity is much lower that his party’s and his past as a social conservative activist against issues like women’s reproductive rights and gay rights, are issues that will mobilize the NDP’s base of support.
As party leader, Mason was a warhorse of opposition politics in Alberta, so it is not surprising that the NDP decided to employ the retiring MLA for Edmonton-Highlands-Norwood to launch this part of the campaign. This also allows the party to distance the negative side of its campaign from its leader, Rachel Notley, and its incumbent MLA who are running for re-election.
Ask any Alberta voter on the street if the like negative advertising in elections and the response will be unanimously negative. But that political parties of all persuasions consistently use them speaks to their effectiveness. Also, we kind of expect parties to act this way now.
The negative focus on Kenney and his unpopular views on social issues is a central part of the NDP’s campaign, but it is overshadowing the positive message the NDP is trying to promote – that Notley and her party are the best choice for Alberta families.
MLA recall is a perennial issue that opposition MLAs, most recently Wildrose MLAs, have frequently called for over the past 25 years. At least 7 attempts have been made by opposition MLAs to introduce MLA recall legislation through private members’ bills since 1993, all of which have failed.
UCP MLA Leela Aheer, then a member of the Wildrose Caucus, introduced a private members’ bill in December 2015 calling for an MLA recall process that would have allowed 20 percent of voters overturn the results of a free and fair democratic election. The bill died on the order paper.
When Alberta briefly had MLA recall laws, from 1936 to 1937, signatures were required from 66.6 percent of voters to trigger a by-election. The law was repealed by the Social Credit government after a group of disgruntled Albertans was thought to have collected enough signatures to recall Premier William Aberhart in his Okotoks-High River district.
Photo: Calgary-East MLA Robyn Luff and Premier Rachel Notley at a roundtable on education affordability in 2017 (photography by Chris Schwarz/Government of Alberta)
Calgary-East MLA Robyn Luff has been removed from the New Democratic Party Caucus after releasing a public letter announcing she would not sit in the Legislative Assembly “in protest of a culture of fear and intimidation that leads to MLA’s being unable to properly represent their constituents in the legislature.”
Writing that she “felt bullied by the NDP leadership for over 3 and a half years” and faced “a culture of fear and intimidation,” Luff’s letter details the grievances she feels as a backbencher in the government caucus, which include whipped votes and reading scripted questions and private members statements in the Assembly.
Luff wrote in the letter that she would not return to the Assembly “until a resolution has been presented.” It is now likely that when she does return it will be as an Independent MLA.
Luff is correct that many of the prepared statements and questions that backbenchers are frequently required to read in the Assembly are scripted, and sometimes comically so. Many provinces do not provide time for government backbench MLAs to ask questions in Question Period, and anyone who has watched an episode of QP will likely see why. Known colloquially as “puffballs,” the scripted questions asked by backbench MLAs are rarely challenging and exist to provide cabinet ministers with an opportunity to read government talking points into Hansard.
“People are permitted to speak their minds, and they have an opportunity to do that,” said Government House leader Brian Mason in response to Luff’s letter. “Everybody in a caucus, especially large caucuses, is frustrated from time to time.”
A statement released by the NDP Caucus late on November 5, 2018, stated that “NDP MLAs have lost confidence in her ability to participate as a productive and trustworthy member of the government caucus.”
Despite her family roots in the Alberta NDP (her grandfather Alan Bush was an Anglican minister who stood in the federal NDP in northern Alberta in the 1965 and 1967 federal elections and ran against Grant Notley for the leadership of the NDP in 1968) a breach of caucus solidarity this large was not going be treated lightly.
There is no doubt Premier Rachel Notley runs a tight ship and because of it the NDP have imposed an impressive level of caucus discipline since forming government in 2015. Since their election victory, the NDP have largely avoided the types of bozo-eruptions and embarrassing scandals that have sometimes become weekly occurrences in the Wildrose-turned-United Conservative Party Caucus.
Caucus discipline is nothing new. It is a characteristic of most functional parliamentary democracies. But the level of control exerted on individual MLAs by party leaders and their staffers is something that could feel incredibly stifling for some backbench MLAs, especially those who might feel more naturally inclined to sit in the opposition benches.
Backbenchers who do not feel they are being valued or given an opportunity to speak up and advocate for the issues they or their constituents feel are important can create resentment towards the political leadership. Providing some sort of relief valve to deal with backbencher frustration is important.
Aside from being allowed to play minor theatrical roles as the internal opposition to government, most backbench MLAs were largely compliant during the PC Party’s 43-year reign. The caucus and party revolt that ended Alison Redford’s political career in 2014 was a notable exception, but the most significant actual rebellion by backbench MLAs in Alberta’s history was the Social Credit backbenchers revolt of 1937, which nearly toppled Premier William Aberhart’s nascent government.
It is not uncommon for disgruntled MLAs to leave their caucus to sit as Independent MLAs or join other parties, like Sandra Jansen did in 2016 and Rick Fraser and Karen McPherson did in 2017, but Luff’s decision to refuse to take her seat in the Assembly is not a tenable long-term strategy.
Without knowing more, it is not clear that anything Luff wrote she has experienced is new or unique to the NDP Caucus in Alberta, or if she is alone in feeling this way. It is also unclear what Luff’s political future outside the NDP Caucus will hold over the next five months until the 2019 election is called.
Whether publishing that letter was politically smart or political suicide, it took courage for Luff to speak up. And speaking truth to power is something that we should encourage our elected officials to do more regularly.
But the Suzuki controversy of 2018 is nothing compared to the slight created when the Senate refused to grant an honorary degree to Alberta Premier William Aberhart in 1941.
What should have been a routine exercise erupted into a full blown controversy in 1941 when members of the University Senate voted against granting Aberhart an honorary degree after he had already been informally notified of the honour by University President William Kerr.
A Senate committee’s recommendation that Aberhart be given an honorary degree was rebuked with one week left until convocation.
The committee’s recommendations were said to be based on Aberhart’s record as an educator and his role in reforming the school system, including certifying teachers into a professional class and introducing a teachers’ pension system.
But it would have been hard for members of the Senate to ignore the rest of Aberhart’s record as Premier.
It was a strange time in Alberta’s political history.
Scrambling to deal with the huge political problem the rejection might cause the University, the Senate quickly passed a motion that no honorary degrees would be granted that year. It was possibly, “the first time in the university’s history that no address will be given at convocation,” an Edmonton Journal report speculated on May 14, 1941.
Presiding over that year’s convocation on May 19, 1941 at McDougall Church was University Chancellor Alexander Rutherford, who had served as Alberta’s first premier from 1905 until he was forced out of office by a railway scandal in 1910. President Kerr resigned the following day.
An editorial published in the Edmonton Bulletin on May 14, 1941 stated that “…there is an affront to dignity of the University in this sorry affair. There is an affront to Dr. Kerr who was unwittingly made the instrument of what could only have been a calculated insult to Alberta’s self-respect. There is an affront to the the people of Alberta who are made ridiculous throughout Canada.”
“The citizens of Alberta are now looking to the legislature to see to it that never again will it be possible for the senate of the University of Alberta to present a display as petty, so childish, so humiliating,” said Medicine Hat Social Credit MLA John Robinson told the Bulletin on Feb. 3, 1942.
The University Senate’s behaviour was “political prostitution,” Robinson told the Calgary Herald on Feb. 4, 1942.
Reportedly expressing pain at at Aberhart’s failure to obtain an honorary degree from the U of A, Willingdon Social Credit MLA William Tomyn told the Herald on Feb 3, 1942 that “never in the history of any nation was there a greater scandal.”
William: Remember when the Man from Mars would ask why earthmen weren’t intelligent enough to accept Social Credit teachings as the solution to their problems? The whole family would huddle around the radio to listen?
Margaret: Right. I thought that died out a long time ago, like 70 or 80 years ago?
William: Not in the Social Credit Party.
Margaret: So from what I can surmise from what you’re positing, it’s like the Social Credit Party is almost an alternative universe. It’s like all the banks were nationalized and the newspapers are forced to print what the government tells them to? It’s like Peter Lougheed never existed?
William: Exactly! Welcome to the Social Credit Party!
While the Social Credit Party has sat on the conservative fringe of Alberta politics for much of the past four decades, the party fundamentally reshaped the politics of our province when it formed government from 1935 to 1971.
Upon learning of the election victory in 1935, the Social Credit Greenshirts in London were reported to have marched around the Bank of England Building holding torches and blowing their trumpets – no doubt inspired by the Battle of Jericho. (this was a period in western history when it was not uncommon for political parties to have official uniforms).
During its first decade in government, Aberhart’s radical administration tried to print its own currency, legislate control over the media, nationalize the banking system and ban alcohol sales. The Social Credit Party also introduced the province’s short-lived MLA recall law and a provincial sales tax.
In response to what they claimed to be a “world plot” by “socialists and world finance” (which is coded language for Jewish) the Alberta government-funded Social Credit Board proposed in 1947 that the secret ballot and political parties be abolished. “The obvious remedy for the evils of party politics is the abolition of political parties dominated at the top as we know them today,” the report argued.
Under Manning’s leadership from 1943 to 1968, the Social Credit Party evolved into a generic conservative governing party, albeit with a social conservative bent.
Perhaps the most important lasting legacy of the Social Credit government today is the continued existence of the Alberta Treasury Branches, which was founded in 1938 after the federal government thwarted attempts by Aberhart to impose government control over banks operating in Alberta.
Mr. Wall is not the first Saskatchewan politician to get his financial backing from Calgary. There was a time when the people of Saskatchewan faced another, more literal, political invasion from Alberta.
Seventy-eight years ago, Alberta Premier William Aberhart staged an invasion of Saskatchewan politics.
While The Battlefords Member of Parliament Joseph Needham was party leader by default, the Saskatchewan Social Credit Party organization in that election was manufactured by Albertans. It was run by Alberta MLA and Provincial Secretary Ernest Manning, who would succeed Mr. Aberhart as Premier in 1943 and serve until his retirement 1968.
Nearly all of Alberta’s Social Credit MLAs and cabinet ministers hit the hustings in Saskatchewan, spending weeks campaigning for local candidates. Mr. Aberhart spent two weeks on the campaign trail, speaking to rallies across Saskatchewan along with a band of experts in Social Credit theory.
“The outlook in Saskatchewan is very encouraging,” Mr. Aberhart was reported to have said upon a brief return to Alberta in May 1938. “It would appear from the definite interest manifested by the people who gathered in such large numbers that they realize a change is absolutely necessary,” Mr. Aberhart said.
The “troupe from Alberta invading Saskatchewan,” as one Saskatchewan newspaper described them, did not go unnoticed and faced fierce opposition from local political establishment and opponents on both sides of the provincial border.
The intentions of Social Credit candidates on the ballot were called into question by The Leader-Post, whose editors asked in a June 6 editorial who they would be loyal to if elected. “Will their loyalty be given to the Alberta Premier or to the people of Saskatchewan?,” the editorial asked.
Saskatchewan’s Liberal Minister of Natural Resources, William Franklin Kerr, called Social Credit a disease and claimed that if its candidates were elected those MLAs would represent the Premier of Alberta in the Saskatchewan Legislature.
John Hugill, a former Social Credit Attorney General who had become an outspoken critic of Mr. Aberhart, said in May 1938 that the Alberta Premier “visualizes being the dominant force in the political life of Western Canada as a stepping stone to becoming the Hitler of Canada.”
On the eve of the election, Mr. Aberhart is reported to have spoken to a rally of 5,000 people in the Town of Melville. The rally was policed by party activists, wearing official Social Credit armbands, who tossed out protesters from the event. It is unclear if the armbands were accompanied by official party uniforms. This was 1938 after all.
“Mr. Aberhart and his government are a peril to the people of Alberta. Not only is he a threat to Alberta, but his actions coming into Saskatchewan and disrupting the affairs of neighbouring province has been a menace to Canadian unity,” J.T. Shaw told The Leader-Post in June 1938. Mr. Shaw was a Knight of Columbus who traveled from Calgary to campaign against the spread of the Social Credit menace in Saskatchewan.
On June 6, the Kerrobert League for Democracy, based in the town of Kerrobert, sent a telegram to the chairman of the Canadian Broadcasting Corporation asking him to stop Mr. Aberhart’s radio broadcasts into Saskatchewan. “The law prohibits radio broadcasting of political propaganda for certain periods before election days,” the League wrote. “…Premier Aberhart of Alberta took unsportsmanlike advantage of situation by broadcasting his propaganda against Saskatchewan opponents from Calgary Prophetic Bible Institute Sunday…”
Mr. Aberhart earned his nickname, “Bible Bill” from his weekly Christian radio sermons broadcast from the Calgary Prophetic Bible Institute in downtown Calgary.
Despite his best efforts, Mr. Aberhart’s Social Credit invasion of Saskatchewan was repelled. The Liberal Party led by Premier William Patterson was re-elected with a reduced majority of 38 seats and the Co-operative Commonwealth Federation formed official opposition with 10 seats. The Social Credit Party earned only 15.9 percent of the vote and elected two MLAs.
“The Alberta-run Social Credit election effort in Saskatchewan provided only two Social Credit seats in a fifty-five-seat house… The Social Credit revolution had been stopped at the Alberta-Saskatchewan border,” wrote historian Alvin Finkel in his 1989 book The Social Credit Phenomenon.
The Leader-Post editorial on the day following the election read: “The result is also satisfactory because it means the repulse of an outside government that threw itself into the domestic affairs of a neighboring province and attempted to lure Saskatchewan into adopting a plan of government and economics that has failed signally in Alberta. Mr. Aberhart and his men can now go home and attend to the business of running the province of Alberta, where they will find plenty of work to do. Mr. Aberhart may now cease from his extravagant claims that the people of the west are clamouring for Social Credit.”
A private members bill proposed by Chestermere-Rockyview Wildrose Party MLA Leela Aheer would allow 20 percent of eligible voters – a significant minority of eligible voters – the ability to overturn the results of a previously held fair and democratic election.
Bill 206: Recall Act, which passed first reading on Nov. 26, 2015, would create an MLA recall mechanism that could force a by-election in a provincial constituency if 20 percent of eligible voters from the previous election sign a petition demanding so.
If we were to have recall laws in Alberta, the threshold for overturning the results of a general election should be much higher than the 20 percent of eligible voters proposed in Ms. Aheer’s private members bill. A small minority of eligible voters should not have the power to overturn the results of a fair and democratic election.
The 20 percent requirement proposed in Bill 206 is also much lower compared to any previous recall proposals in Alberta.
Private members bills proposing the creation of recall laws in Alberta’s recent history have all come from opposition MLAs and all called for a significantly higher percentage of voters to sign the recall petition. Three private members bills introduced by Liberal MLAs in the 1990s called for recall to be triggered with the signatures of 40 percent of voters. A private members bill introduced by a Wildrose MLA in 2010 lowered the bar to 33.3 percent.
Even when Alberta briefly had MLA recall laws, from 1936 to 1937, signatures were required from 66.6 percent of voters to trigger a by-election.
One reason behind the low percentage in this bill is that it could make it easier for the conservative opposition to target and trigger by-elections in rural constituencies represented by NDP MLAs. In rural ridings where NDP candidates were elected in tight races, the low 20 percent threshold in Ms. Aheer’s Bill 206 would equal almost the same amount of votes received by Wildrose candidates in the recent election.
In Dunvegan-Central Peace-Notley, only 3,278 signatures would be needed to trigger a recall by-election under Bill 206. The Wildrose Party candidate earned 3,147 votes in that riding and NDP candidate Marg McCuaig-Boydearned 3,692 votes.
In Lesser Slave Lake, NDP candidate Danielle Larivee was elected with 3,915 votes compared to the Wildrose candidate’s 3,198 votes. Twenty per cent of eligible voters would equal 3,812 votes.
Of course, Wildrose and Progressive Conservative MLAs could also become targets of the recall laws, though it is unlikely the NDP majority – like the previous Conservative majority – would ever support this bill.
In my opinion, Albertans had an opportunity to vote in a general election seven months ago and cast their ballots for candidates with the understanding they would serve as MLAs for the next four to five years. As the results of the 2015 election proved, when we are motivated by tired and arrogant governments, Albertans can be trusted to elect a new government. In 2019, Albertans will once again have an opportunity to cast their ballots and choose who will represent their individual constituencies.
1993: Calgary-Buffalo Liberal MLA Gary Dickson introduced Bill 203: Recall Act, which would have trigged a recall by-election if 40 percent of eligible voters signed a petition demanding one. The bill was defeated in a 42-34 vote in the Legislature.
1996:Lethbridge-East Liberal MLA Ken Nicol introduced Bill 206: Recall Act, which would have trigged a recall by-election if 40 percent of eligible voters signed a petition demanding one. This bill was defeated in a 37-24 vote in the Legislature.
1997: Bill 216, Recall Act was introduced by Edmonton-Manning Liberal MLA Ed Gibbons but was never debated in the Legislature. If passed into law, the bill would have trigged a recall by-election if 40 percent of eligible voters signed a petition demanding one
2010: Calgary-Glenmore Wildrose MLA Paul Hinman introduced Bill 208: Recall Act, which would have trigged a recall by-election if 33 percent of eligible voters signed a petition demanding one. Reached second reading but was not debated further.
2015: Chestermere-Rockyview Wildrose MLA Leela Aheer introduces Bill 206: Recall Act, which would trigger a recall by-election if 20 percent of eligible voters signed a petition demanding one
The Wildrose appear to have succeeded in turning the tables on the NDP, who, while in opposition criticized the old conservative government of an ideological obsession with privatization of laboratory services. All of a sudden, the government is being accused of being too ideological for protecting Alberta’s public health care system.
Like the old Progressive Conservative government, I am sure the Wildrose would like to increase privatization of the health care system. The NDP could have framed this debate as one of protecting Alberta jobs and an Alberta-based company, rather than just about cancelling a contract with a giant Australian company (it was later announced that an appeal panel determined that Alberta Health Services breached its duty of procedural fairness in the RFP process in a substantive manner).
Premier Rachel Notley‘s three-month old NDP government need to understand that the Wildrose Party is running a permanent negative campaign, and their track record as an attack-based opposition is impressive. The Wildrose Party can lay claim to playing a central role in ending the careers of PC Party premiers Ed Stelmach, Alison Redford and Jim Prentice.
And while the Wildrose Party’s purpose for existence was momentarily questioned during the infamous MLA floor crossings, the demise of the PC government and rise of the Alberta NDP has given the party a new lease on life and a new target to attack. And the conservative opposition has many right-wing allies in its fight against the new government spanning from the editorial pages of the Financial Post to the far corners of the internet.
While Brian Jean is party leader, one of the real brains behind the operation is the venerable press secretary Vitor Marciano. Perhaps the largest mistake that Mr. Prentice and Danielle Smith made during the floor crossings was not to secure Mr. Marciano in a government job where the PCs could keep a close eye on him.
After retreating into political exile for a few months, the veteran political operator returned with a vengeance to lead the Wildrose election campaign that brought the party from the depths of the abyss to 21 MLAs, more than they won in 2012.
But despite the Wildrose’s part in destroying the PC dynasty, they lost 81,814 votes in the recent election, while the NDP gained an astonishing 477,441 and formed government.
The Wildrose is attempting to tie the new government to economic conditions caused by the decline of the international price of oil, but the Alberta NDP was elected on a moderate progressive platform and have moved swiftly to implement it. Funding was returned to health care, education and human services, two panels studying climate change and natural resource royalties were struck, corporate taxes were increased, a 3-year minimum wage increase was implemented, and a provincial budget is expected to be tabled in the fall.
There is no doubt the new government faces challenging economic and revenue challenges but after a summer of reading briefing binders and moving into new offices, the NDP need to reengage in the political debate.
When the legislature returns on October 26, the twenty-one Wildrose MLAs will have a daily platform in Question Period to target government ministers. The NDP can learn from some of the major communications mistakes made by the PC Party and respond promptly to the Wildrose attacks, otherwise the opposition and its conservative allies will set the agenda.
Here are a few examples of Wildrose attacks in recent press releases:
August 20, 2015 “Bad economic policies from the NDP continue to harm Alberta’s economy…”
August 19, 2015: “…the NDP government must move away from their risky, ideological experiments that will drive jobs out of Alberta…
August 18, 2015: “…Ms. Hoffman wants Albertans to believe she made the decision based on a lack of information, but it’s clear she made it based on ideology.
August 14, 2015: “…the actions this government decides to take cannot keep kicking our economy while it is down.”
August 13, 2015: “While Albertans are losing jobs by the thousands with the NDP piling on with damaging economic policies…”
August 13, 2015: “…driven by ideology and not evidence-based decision making…”
August 13, 2015: “…NDP government has contributed directly to uncertainty and job losses…“
August 13, 2015: “…more ideologically driven experiments from the NDP and career politicians…”
During its first decade in government, Mr. Aberhart’s administration tried to print its own currency, legislate control over the media, tried to nationalize the banking system and banned alcohol sales.
Alberta’s PST existed for two years until September 1, 1937, when the Social Credit government revoked the sales tax as part of a controversial Great Depression-era Banking bill. The bill would allow the Social Credit Board to revoke the license of any banker, who, for instance foreclosed a mortgage or otherwise disturbed the “property or civil rights” of any citizen of Alberta.
The sales tax, which had a fairly wide range of exemptions such as food, laundry and toilet soap, lumber, bricks and cement, was implemented shortly after William Aberhart‘s Social Credit Party won the 1935 election. The sales tax netted the government an average of $80,000 monthly.
Alberta treasurer Solon Low declared the tax would be cancelled in 1937 as part of the government’s bankers bill. With illusions to the strange Social Credit era economic theory, here were Mr. Low’s comments to the media in response to the end of the sales tax and economic literacy in Alberta in 1937:
“The remission of the sales tax only removed something which, under pressure from finance, this government itself imposed. Nevertheless those instructed in the technique of Douglas social dynamics will immediately recognize signs of its inauguration. In its simpler aspect, of course, tax remission represents the first step necessary to the issue of a dividend – is, in fact the issue of a dividend: for a tax is a dividend in reverse. That is why it would be foolish to begin issuing money as dividends only to pull it in by a graduated an universally applied tax such as a sales tax.”
“As Premier Aberhart has truly said Albertans are the best instructed community in the whole world with regard to economics and if any one desires more detailed explanation of these remarks there are plenty of Albertans everywhere fully qualified to give it and to prove beyond all reasonable doubt that whether the banks furnish the money willingly or otherwise, it will cost them nothing.”
With the governing Progressive Conservatives selecting their new leader in September 2014, there is growing suspicion that Albertans could be going to polls sooner than expected. While Alberta’s next strange “three-month fixed election period” is not until 2016, a loosely written law may allow the next premier to trigger an early election.
According to Section 38.01(2) of the Elections Act, the next election should take place between March 1 and May 31, 2016, but under 38.01(1), the Lieutenant Governor retains the authority to dissolve the assembly and call an election when he sees fit. This would typically occur when a government loses confidence of the Assembly or when the leader of the government asks him to do so (it would be highly irregular for the Lieutenant Governor to deny this request).
By my reading, what the Elections Act really says is that the next election must be held by May 31, 2016, but it could easily be held before that date. And I bet it will be.
An election in 2015
An early election would allow the next PC Party leader to seek a new mandate from Albertans, highlight new candidates and purge his caucus of deadwood and troublesome MLAs. With expected growth in resource revenues next year, it will be very tempting for the PCs to call an election after tabling a cash-rich provincial budget in Spring 2015.
An early provincial election could also conveniently rid the PCs of three potentially embarrassing by-elections in constituencies soon-to-be vacated by MLAs seeking federal party nominations (these MLAs are Len Webber in Calgary-Foothills, David Xiao in Edmonton-McClung, and Darshan Kang in Calgary-McCall).
A Jim Prentice By-Election
If the next PC leader is Jim Prentice, who currently has endorsements from 45 of 58 PC MLAs, a by-election would need to be held to provide the new Premier with a seat in the Assembly. In the past, when a party leader does not have a seat in the Assembly, a sitting MLA has resigned in order to trigger a by-election.
When Premier Don Getty was chosen as PC leader in October 1985, Edmonton-Whitemud PC MLA Robert Alexander resigned so that the new premier would win a by-election in December 1985. Mr. Getty later won a May 1989 by-election after he was unseated in the March 1989 General Election.
Wild rumours suggest that Mr. Prentice could wait until the next election to win a seat, perhaps running against popular Liberal MLA David Swann in Calgary-Mountain View (where Mr. Prentice was defeated in the 1986 election). But it is unlikely that he would wait that long or risk challenging a popular incumbent.
It is more likely that Mr. Prentice would follow tradition and quickly seek to run in a by-election. It is plausible that former Premier Alison Redford would resign as MLA to trigger a by-election in Calgary-Elbow.
Opposition Parties gearing up
The Wildrose Party already has candidates preparing to contest nominations across the province. The party has attracted an early high profile candidate in Sherwood Park, where former Strathcona County mayor Linda Osinchuk has announced she will seek the Wildrose nomination. In anticipation of an upcoming by-election, retired Colonel John Fletcher is seeking the Wildrose nomination in Calgary-Elbow.
The NDP will nominate candidates Shannon Phillips in Lethbridge-West and Chris Nielsen in Edmonton-Decore on June 17, 2014. The NDP was the first party to nominate a candidate for the next election months ago when Lori Sigurdson was chosen in Edmonton-Riverview.
While no Liberal candidates have been officially nominated, MLAs Laurie Blakeman, Kent Hehr and Mr.Swann have all indicated they plan on running in the next election.