Advocacy group urges change to recall and citizen initiated referendum legislation

News release from Project Confederation

Project Confederation has been actively engaged in advocating for fair and inclusive democratic mechanisms for citizen participation in policy decisions.

In 2020, I presented arguments in favour of citizen initiated referenda and recall legislation to the Select Special Democratic Accountability Committee, emphasizing the significance of citizen-initiated referenda as a crucial aspect of democratic governance.

Bill 51, the Citizen Initiative Act, and Bill 52, the Recall Act, were passed into law in 2021.

While these bills were initially viewed as positive steps towards enhancing democracy in Alberta, it has become evident that they contain major flaws that hinder the effectiveness of recall and citizen initiative efforts.

To put it simply, the requirements are unattainable.

For instance, the requirement of collecting signatures from 40% of eligible voters for recall petitions for public officials, within a short 60-day period, posed an insurmountable challenge for the citizen who initiated a recall petition against Calgary Mayor Jyoti Gondek.

What’s the point of a recall process if the petitioner has to collect nearly three times the number of votes garnered by the official they seek to recall?

The provincial government is currently considering how to fix recall.

But, the rules for citizen initiated referenda are equally unattainable, so it’s important we act now to make sure the provincial government understands that referenda rules must get fixed at the same time.

Our friends at the Alberta Institute recently launched a petition calling on the Alberta government to fix both recall and citizen initiated referendums.

They propose the following key recommendations for reforming recall and citizen-initiated referenda legislation in Alberta:

Recall:

Recall efforts permitted any time (they would take a minimum of 6 months anyway, while in the last 6 months there would just be no by-election)
20% of the number who actually voted last time must sign a petition for a Recall to be successful when there are more than 50,000 eligible voters
30% of the number who actually voted last time must sign a petition for a Recall to be successful when there are fewer than 50,000 eligible voters
Signatures must be collected within a 180-day period
A successful petition should remove municipal and provincial representatives automatically, triggering a by-election which the representative could run in, if they wish

Referenda:

10% of the number who actually voted last time must sign a petition for Legislative or Policy Referenda
20% of the number who actually voted last time must sign a petition for Constitutional Referenda
Signatures must be collected within a 180-day period

These recommendations aim to make the recall and referenda processes more accessible and reflective of democratic principles, ensuring that citizens have a meaningful voice in shaping policy decisions.

The democratic process should be inclusive and responsive to the evolving needs and aspirations of the populace, and citizens must have the opportunity to address fundamental issues through democratic tools.

If you agree, and want to see the referendum and recall rules fixed, please sign the Alberta Institute’s petition:

Regards,

Josh Andrus
Executive Director
Project Confederation

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Published on July 26, 2024

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From the Fraser Institute

By Matthew Lau

To understand Ottawa’s negative impact on Alberta’s economy and living standards, juxtapose two recent pieces of data.

First, in July the Trudeau government made three separate “economic development” spending announcements in Alberta, totalling more than $80 million and affecting 37 different projects related to the “green economy,” clean technology and agriculture. And second, as noted in a new essay by Fraser Institute senior fellow Kenneth Green, inflation-adjusted business investment (excluding residential structures) in Canada’s extraction sector (mining, quarrying, oil and gas) fell 51.2 per cent from 2014 to 2022.

The productivity gains that raise living standards and improve economic conditions rely on business investment. But business investment in Canada has declined over the past decade and total economic growth per person (inflation-adjusted) from Q3-2015 through to Q1-2024 has been less than 1 per cent versus robust growth of nearly 16 per cent in the United States over the same period.

For Canada’s extraction sector, as Green documents, federal policies—new fuel regulations, extended review processes on major infrastructure projects, an effective ban on oil shipments on British Columbia’s northern coast, a hard greenhouse gas emissions cap targeting oil and gas, and other regulatory initiatives—are largely to blame for the massive decline in investment.

Meanwhile, as Ottawa impedes private investment, its latest bundle of economic development announcements underscores its strategy to have government take the lead in allocating economic resources, whether for infrastructure and public institutions or for corporate welfare to private companies.

Consider these federally-subsidized projects.

A gas cloud imaging company received $4.1 million from taxpayers to expand marketing, operations and product development. The Battery Metals Association of Canada received $850,000 to “support growth of the battery metals sector in Western Canada by enhancing collaboration and education stakeholders.” A food manufacturer in Lethbridge received $5.2 million to increase production of plant-based protein products. Ermineskin Cree Nation received nearly $400,000 for a feasibility study for a new solar farm. The Town of Coronation received almost $900,000 to renovate and retrofit two buildings into a business incubator. The Petroleum Technology Alliance Canada received $400,000 for marketing and other support to help boost clean technology product exports. And so on.

When the Trudeau government announced all this corporate welfare and spending, it naturally claimed it create economic growth and good jobs. But corporate welfare doesn’t create growth and good jobs, it only directs resources (including labour) to subsidized sectors and businesses and away from sectors and businesses that must be more heavily taxed to support the subsidies. The effect of government initiatives that reduce private investment and replace it with government spending is a net economic loss.

As 20th-century business and economics journalist Henry Hazlitt put it, the case for government directing investment (instead of the private sector) relies on politicians and bureaucrats—who did not earn the money and to whom the money does not belong—investing that money wisely and with almost perfect foresight. Of course, that’s preposterous.

Alas, this replacement of private-sector investment with public spending is happening not only in Alberta but across Canada today due to the Trudeau government’s fiscal policies. Lower productivity and lower living standards, the data show, are the unhappy results.

Author:

Matthew Lau

Adjunct Scholar, Fraser Institute

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‘Fireworks’ As Defence Opens Case In Coutts Two Trial

Published on July 25, 2024

Todayville

From the Frontier Centre for Public Policy

By Ray McGinnis

Anthony Olienick and Chris Carbert are on trial for conspiracy to commit murder and firearms charges in relation to the Coutts Blockade into mid-February 2022. In opening her case before a Lethbridge, AB, jury on July 11, Olienick’s lawyer, Marilyn Burns stated “This is a political, criminal trial that is un Canadian.” She told the jury, “You will be shocked, and at the very least, disappointed with how Canada’s own RCMP conducted themselves during and after the Coutts protest,” as she summarized officers’ testimony during presentation of the Crown’s case. Burns also contended that “the conduct of Alberta’s provincial government and Canada’s federal government are entwined with the RCMP.” The arrests of the Coutts Four on the night of February 13 and noon hour of February 14, were key events in a decision by the Clerk of the Privy Council, Janice Charette, and the National Security Advisor to the Prime Minister, Jody Thomas, to advise Prime Minister Justin Trudeau to invoke the Emergencies Act. Chief Justice Paul Rouleau, in submitting his Public Order Emergency Commission Report to Parliament on February 17, 2023, also cited events at the Coutts Blockade as key to his conclusion that the government was justified in invoking the Emergencies Act.

Justice David Labrenz cautioned attorney Burns regarding her language, after Crown prosecutor Stephen Johnson objected to some of the language in the opening statement of Olienick’s counsel. Futher discussion about the appropriateness of attorney Burns’ statement to the jury is behind a publication ban, as discussions occurred without the jury present.

Justice Labrenz told the jury on July 12, “I would remind you that the presumption of innocence means that both the accused are cloaked with that presumption, unless the Crown proves beyond a reasonable doubt the essential elements of the charge(s).” He further clarified what should result if the jurors were uncertain about which narrative to believe: the account by the Crown, or the account from the accused lawyers. Labrenz stated that such ambivalence must lead to an acquittal; As such a degree of uncertainty regarding which case to trust in does not meet the “beyond a reasonable doubt” threshold for a conviction.”

On July 15, 2024, a Lethbridge jury heard evidence from a former employer of Olienicks’ named Brian Lambert. He stated that he had tasked Olienick run his sandstone quarry and mining business. He was a business partner with Olienick. In that capacity, Olienick made use of what Lambert referred to as “little firecrackers,” to quarry the sandstone and reduce it in size. Reducing the size of the stone renders it manageable to get refined and repurposed so it could be sold to buyers of stone for other uses (building construction, patio stones, etc.) Lambert explained that the “firecrackers” were “explosive devices” packaged within tubing and pipes that could also be used for plumbing. He detailed how “You make them out of ordinary plumbing pipe and use some kind of propellant like shotgun powder…” Lambert explained that the length of the pipe “…depended on how big a hole or how large a piece of stone you were going to crack. The one I saw was about six inches long … maybe an inch in diameter.”

One of Olienick’s charges is “unlawful possession of an explosive device for a dangerous purpose.” The principal evidence offered up by RCMP to the Crown is what the officers depicted as “pipe bombs” which they obtained at the residence of Anthony Olienick in Claresholm, Alberta, about a two-hour drive from Coutts. Officers entered his home after he was arrested the night of February 13, 2022. Lambert’s testimony offers a plausible common use for the “firecrackers” the RCMP referred to as “pipe bombs.” Lambert added, these “firecrackers” have a firecracker fuse, and in the world of “explosive” they are “no big deal.”

Fellow accused, Chris Carbert, is does not face the additional charge of unlawful possession of explosives for a dangerous purpose. This is the first full week of the case for the defence. The trial began on June 6 when the Crown began presenting its case.

Ray McGinnis is a Senior Fellow with the Frontier Centre for Public Policy who recently attended several days of testimony at the Coutts Two trial.