The Alberta government has introduced sweeping legislative changes that would reduce timelines for citizen-initiated petitions and place restrictions on political party names.
One proposed change would remove the province’s chief electoral officer’s ability to refer citizen-initiated questions to the courts, transferring that authority to the justice minister. Another would halt any active court cases brought by the chief electoral officer in relation to citizens’ initiatives. This comes as the provincial chief electoral officer has referred a proposed petition question on Alberta’s separation to the court.
Less than a day after the province tabled the bill, Court of King’s Bench Justice Colin Feasby, who was hearing arguments on the constitutionality of the proposed separation-referendum question from the sovereignty advocacy group Alberta Prosperity Project (APP), ruled that the question contravenes the Constitution.
“We’ve always said that the Act itself was intended to create a permissive environment for Albertans to bring forward their important issues,” he added, referring to the Citizen Initiative Act, which outlines referendum rules.
Commenting on the province’s proposed changes, Feasby said that ending the court case on the constitutionality of the APP’s question before a ruling would have amounted to silencing the court.
“Legislating to pre-emptively end this court proceeding disrespects the administration of justice,” Feasby wrote in a Dec. 5 decision.
“Attempting to change a new law that was amended earlier this year after the many participants in this matter have made significant expenditures of time and money to litigate on an accelerated basis is contrary to the rule of law.”
When asked whether the timing of the amendments was intended to benefit the Alberta independence movement, Amery said on Dec. 4 that the changes are meant to support direct democracy, regardless of the petitioner’s cause or political affiliation.
“I’m clearing the way for all Albertans; I’m clearing the way for anybody from any political stripe or any ideology or any position to be able to put that question to Albertans,” he said. “It is the purest and simplest form of direct democracy, and it has nothing to do with the separatists.”
Heather Jenkins, press secretary to Amery, said on Dec. 5 that the government of Alberta “strongly disagrees” with Feasby’s decision, and that once Bill 14 passes, the judge’s ruling would have no “practical impact.”
“That bill will clarify and simplify the rules relating to citizen-initiated petitions, making the process more efficient, and encouraging citizen participation in our democracy,” Jenkins said.
She added that Feasby’s comments on a proposed legislation that is currently before elected representatives interferes with the principle of the separation of powers and the democratic process.
Political Party Names
Bill 14 also proposes amendments to the Election Finances and Contributions Disclosure Act that would place restrictions on political party names.“There are people who will, undoubtedly, based on what we’ve seen in the long-ballot protests, try to take the goodwill and the hard work of political movements all across this province, and we think that’s wrong,” he said.
“Within the name, there is a balance that needs to be found between the hard work and the goodwill of established political parties in this province, and the ability to allow them to be recognized for that work, their political ideologies, and positions.”
The UCP says the branding legally belongs to the UCP because the party was created by merging the former Progressive Conservative and Wildrose parties, and that its use would mislead voters.
Guthrie criticized Bill 14, saying it is meant to reduce political competition for the UCP.
When asked if he was concerned that Bill 14 might be seen as an attempt to block efforts to revive the former Progressive Conservative Party, Amery responded that the law applies to many terms beyond just the Conservative brand.
Limiting Mandatory Training for Lawyers
Bill 14 also seeks to amend the Legal Profession Act to limit the mandatory training imposed by the Law Society of Alberta on lawyers.If the Bill is passed, the law society may only require training or education on Canadian law, bar admission courses, or training resulting from disciplinary proceedings.







