Key Takeaways
- The Alberta government is proposing changes to citizen-led referendum questions that could impact an ongoing court case about the constitutionality of asking Albertans if they agree with separating from Canada.
- Bill 14 transfers powers from the chief electoral officer to the minister and includes an amendment to discontinue any court proceeding brought by the chief electoral officer.
- The legislation also proposes changes to election rules, restricting the names of political parties and affecting the training of lawyers in the province.
- The changes aim to create a "permissive environment" for Albertans trying to bring referendum questions and stop efforts to confuse voters with similar party names.
- The legislation also includes changes to the province’s legal community, restricting the type of training the Law Society of Alberta can mandate for lawyers.
Introduction to Bill 14
The provincial government of Alberta has introduced Bill 14, a legislation that proposes sweeping changes to citizen-led referendum questions. The bill, introduced by Justice Minister Mickey Amery, aims to create a "permissive environment" for Albertans trying to bring referendum questions. However, the changes could also impact an ongoing court case about the constitutionality of asking Albertans if they agree with separating from Canada. The court case, which is currently underway, may or may not continue if Bill 14 is passed.
Changes to Referendum Questions
Bill 14 transfers powers from the chief electoral officer to the minister when deciding whether citizen petition initiatives should proceed. This means that only the minister would be able to refer a citizen referendum question to the courts, a power that currently rests with the chief electoral officer. The legislation also amends the Citizen Initiative Act to remove the provision that proposals can’t contravene the Constitution or exceed the jurisdiction of the legislature. Any citizen initiative petition that hasn’t been issued by the time the amendments take effect will be quashed, but applicants can resubmit within 30 days without paying another fee.
Impact on Ongoing Court Case
The changes proposed in Bill 14 could have a significant impact on the ongoing court case about the constitutionality of asking Albertans if they agree with separating from Canada. The court case, which was heard by Court of King’s Bench Justice Colin Feasby, is expected to be decided in the coming weeks. However, if Bill 14 is passed, the court case may be discontinued, and the minister would have the power to decide whether the referendum question can proceed. Amery said that the court’s decision is independent of the changes proposed in Bill 14, but the legislation could potentially render the court case moot.
Changes to Election Rules
Bill 14 also proposes changes to election rules, specifically regarding the names of political parties. The legislation restricts the names of political parties, making it so they won’t be allowed to register using "a word or phrase associated with" another party. The chief electoral officer will still have some discretion, but the bill contains a list of words and phrases that can’t be used, including "conservative," "advantage," "communist," "democratic," "green," "independence," "liberal," "pro-life," "reform," "Republican," "solidarity," and "wild rose." Amery said that the changes are aimed at stopping efforts to confuse voters with similar party names.
Changes Affecting Alberta’s Legal Community
The legislation also includes specific changes that would curtail the type of training the province’s legal regulator can mandate for lawyers. The Law Society of Alberta will be restricted to requiring a law degree or qualification certificate, bar admission course, and training imposed as a result of disciplinary proceedings as mandatory education for practising lawyers. Any mandatory training must also comply with the requirements of the government’s Regulated Professions Neutrality Act, which says regulators can’t require "cultural competency, unconscious bias, or diversity, equity and inclusion training." The amendments to the province’s Legal Profession Act would also make it so the province’s attorney general is immune from sanctions for actions they take that are "part of their official duties."
Conclusion
In conclusion, Bill 14 proposes significant changes to citizen-led referendum questions, election rules, and the training of lawyers in Alberta. The legislation aims to create a "permissive environment" for Albertans trying to bring referendum questions, but it could also impact an ongoing court case about the constitutionality of asking Albertans if they agree with separating from Canada. The changes to election rules and the training of lawyers are also significant, and it remains to be seen how these changes will be implemented and what impact they will have on the province’s legal community.
