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Justice Minister Mickey Amery introduced Bill 14 on Thursday. The Justice Statutes Amendment Act includes a wide ranging set of changes to legislation that the province says will protect elections integrity.
Amendments included in the bill outline the transfer of authority over citizen initiative petitions from the chief electoral officer to the Minister of Justice.
Under the new legislation, Minister Amery would obtain the authority to determine whether an application meets the criteria set out in the legislation.
The changes would allow for any court proceeding brought by the chief electoral officer to be discontinued.
The change would have allowed the government to intervene in the court action regarding the separatist Alberta Prosperity Project’s proposed referendum question, “Do you agree that the Province of Alberta shall become a sovereign country and cease to be a province in Canada?”
However, on Friday the judge issued his decision less than 24 hours after the tabling of the legislation, ruling that the referendum proposal contravenes the Constitution Act.
The new legislation amends the Citizen Initiative Act to remove the requirement that proposals do not contravene the Constitution Act or exceed the jurisdiction of the legislature.
In a press conference Thursday, Amery told reporters citizen initiative legislation has always aimed to create a “permissive environment” for Albertans to raise authentic concerns.
Amery said that Bill 14 aims to clarify the role of the Chief Electoral Officer and prevent unnecessary delays for credible citizen initiatives.
“The intention was always meant to be that the CEO would manage the voting processes, not tell people what they can and cannot ask,” he said. “I don’t think it should necessarily be the responsibility of the CEO to refer these matters to court cases for endless litigation and month-long delays.”
He says moving that responsibility to the ministry will help expedite the process.
“Certainly the minister will retain the ability to refer questions to the court for additional clarification as well,” he said. “But the amendments that are being put forward here will clarify that a process will not be held up by the courts if it is referred for a question on constitutionality.”
Irfan Sabir, MLA for Calgary-Bhullar-McCall and the NDP’s Shadow Minister for Justice, says the legislation gives a lot of power to the minister.
“The Chief Electoral Officer is an independent officer of the legislature,” Sabir told the News on Friday.
“They’re asking the Chief Electoral Officer to request the minister’s confirmation of a question that should rightfully be determined by the Chief Electoral Officer. That is concerning. They are inserting themselves in the work of the same officer who is responsible for the administration of our election laws and our democracy.”
Bill 14 also prevents the registration of a new political party whose name uses “a distinctive word or phrase that is uniquely associated with another registered party.” If passed, this amendment will take effect retroactively on July 4.
Two independent MLAs, Peter Guthrie and Scott Sinclair, who departed the UCP earlier this year, have been working to register a party under the Progressive Conservative banner.
The list of words and phrases that will be prohibited in new party names includes conservative, democratic, liberal, republican, solidarity and wild rose.
If passed, Bill 14 will also grant immunity from sanctions to the Attorney General for actions “performed as part of their official duties.”
Amery is also the province’s Attorney General.
Sabir says Albertans should expect more accountability from the top lawyer in the province.
“Being a member of a regulated profession gives you status and power, and that comes with responsibility as well. The higher up in that power you are, you should be more accountable,” he said.
“Whether or not it’s a conflict of interest, on the face of it, he’s using his legislative power to present a bill that gives him immunity. That is conflict for a lay person.”
Bill 14 is also increasing the number of signatures required for individuals seeking to run in a provincial election in response to the long-ballot protest that targeted Pierre Poilievre in the Battle River-Crowfoot by-election earlier this year.
Other aspects of the bill outline new powers for the minister that include the authority to impose bylaws on the Alberta Law Foundation, a previously arms-length non-profit body that provides grants for organizations to access legal aid and education.
The legislation also echoes the Regulated Professions Neutrality Act introduced last week by codifying limitations on mandatory training and educations assigned by the Law Society of Alberta.
The new legislation only permits the law society to mandate a law degree, the bar admission course, training for specialized roles and trainings imposed as a result of disciplinary proceedings.
Sabir thinks the legislation represents an abuse of the UCP majority’s power.
“This government thinks they are above the law,” said Sabir. “They think they can change the laws mid-game to suit their political needs. And that’s deeply concerning.”
