Sooner or later, Albertans are probably going to start to suffer from petition fatigue. But not just yet.
Too many of us are having too much fun with the understanding that, sometimes, turn about really can be fair play.
Last month, Elections Alberta approved a petition in the Calgary-Bow riding to recall United Conservative Party MLA Demetrios Nicolaides, who just happens to be the education minister in Premier Danielle Smith’s cabinet. The petition applicant alleges Dr. Nicolaides is undermining the education system and thereby failing in his duties.
You can argue that’s not how the law was intended to be used, as Dr. Nicolaides did in a whiny letter to his constituents. But that’s not what the legislation says. Accordingly, Chief Electoral Officer Gordon McClure gave the petition his official stamp of approval.
And in the wake of the tone deaf passage of Bill 2, the Back to School Act, by Ms. Smith’s government on Oct. 28, a lot of Albertans are in a mood to try to punish the UCP for using the Constitution’s Notwithstanding Clause to force 51,000 striking school teachers back to work with a contract 90 per cent of them voted to reject.
The teachers could have been sent back to their classrooms without using the Notwithstanding Clause, but the government obviously wanted to punish and humiliate their union, the Alberta Teachers Association, for effectively opposing its policies, as well as to set an example for other public-sector unions. So their fundamental right to free association by bargaining collectively is gone for four years. The contract they have been forced to accept cannot be called a collective agreement as there is no agreement.
With many Albertans in a surly mood, concerned about the threat they perceive to all Albertans’ fundamental rights by a MAGA-influenced government with an authoritarian bent, recall legislation originally introduced by former premier Jason Kenney’s UCP government in 2021 is a suddenly convenient medium for public frustration with this assault on the teachers, who were winning the battle for the public’s hearts and minds.
That’s not only given legs to the petition to recall Dr. Nicolaides, but has prompted calls for more recall petitions – maybe even against every UCP MLA!
On Monday, The Canadian Press reported, Mr. McClure told a Legislature committee he had approved another recall petition, this time for Airdrie-East UCP MLA Angela Pitt. He didn’t give the petitioner’s reasons but, whatever they are, we can assume Ms. Pitt will complain loudly.
A group calling itself Operation Total Recall says more are in the works – naming Speaker Ric McIver, MLA for Calgary Hays, and Nolan Dyck, MLA for Grande Prairie. Constituents also shouted “Recall! Recall!” at Indigenous Relations Minister Rajan Sawhney, MLA for Calgary-North West, during a recent constituency event.
So, count on it, there will be many more recall petitions before we are all sick of being approached for our signatures.
When Jason Kenney’s United Conservative Party introduced the Recall Act (along with its sister legislation, the Citizen Initiative Act), in June 2021, I’m sure conservatives imagined it would only ever be used by their supporters against their political foes.
Nevertheless, they set the bar for recalling a politician high enough that the Opposition NDP’s critic complained the law was “toothless and fake because the UCP knows that a genuine recall act could put many UCP MLAs in danger.”
Just the same, a couple of Mr. Kenney’s ministers – including Kaycee Madu, who as justice minister was the bills’ sponsor – had been abrasive enough to make folks think about using the recall law if it were ever proclaimed into law. Alert readers will recall the names of Mr. Madu and Mr. Shandro fondly, I have no doubt. Both have since been removed from office by voters without the need for a recall petition.
Still, that’s probably why Mr. Kenney left both acts, which were to come into force on proclamation, gathering dust on the shelf for nearly a year while he shuffled Mr. Madu and Mr. Shandro around like a deck of cards.
By March 2022, Mr. Kenney had obviously decided it was safe to get on with his performative gesture and, in a press release the day before April Fool’s Day, announced the bills would come into force on April 7. “This is another promise kept,” he boasted. “Albertans can now hold elected officials in Alberta accountable outside of the four-year election cycle,” Mr. Shandro, by then the justice minister, pitched in.
Fast forward to earlier this year. Ms. Smith was premier and a bundle of changes to various election laws were introduced that the government thought would benefit conservative candidates in upcoming municipal and provincial elections.
Among the changes in Bill 54, the Election Statutes Amendment Act, 2025, was a change in the number of signatures required for an MLA recall to 60 per cent of the number of people who voted in the riding in the previous provincial general election from 40 per cent of all eligible voters in the riding. This might have been an unwise move for a party that includes voter suppression and low voter turnouts among the strategies it relies on in elections.
Passage of Bill 2 wasn’t the only thing that happened on Oct. 28. That was also the day organizers of the Forever Canadian campaign delivered the petitions with nearly half a million Albertans’ signatures supporting a pro-Canadian question intended to block a referendum petition by separatist allies of Premier Smith.
The Forever Canadian petition signatures had been collected in three months under the rules of the Citizen Initiative Act, easily surpassing the required number. Hitherto, most political observers had thought that couldn’t be done.
Petition proponent Thomas Lukaszuk, a former Progressive Conservative deputy premier, told a Postmedia political columnist that his supporters used AI data analysis to figure out where to look for petition signers.
Arguably, this changes a lot. At least citizens, and not just conservatives, realize that under current rules an engaged public just might be able to use recall and referendum legislation to their own advantage.
As a result, presumably, we can expect the UCP to repeal, or at least declaw, the legislation, probably sooner than later. In the meantime, though, it looks as if the UCP will resist giving Elections Alberta the funds it needs to process all these petition applications.
One petition isn’t one too many, if it involves removing the UCP from power. The UCP are going on full autocrat mode, by sacking Doug Wylie, the Alberta Auditor General, from his position early. The Corrupt Care scandal is far too damaging for Danielle Smith and the UCP.
Or, as we’ve just seen, refuse to fund Elections Alberta, thus making it impossible for the work involved in administering the recall(s) to be done…
The problem and strength of Law is that it’s a sledgehammer, not a scalpel.
Americans are seeing what happens when the democrats and previous republics edged a little bit each time over the lines for decades making the laws around corruption, campaign contributions, executive power, lobbying and spheres of influence “for the common good this one time” rendering the citizens, powerless.
Thus, as the UCP and Smith scramble for ever more power, smart people are using their own tools against them. Right now this looks all fun and good as it’s “our” side doing it but each corruption built on the previous corruption of basic law and spirit of the law will lead us down ever darkening roads. The powerful will then re-construct the wording of those laws to re-benefit themselves and shut down that avenue to the public.
The basic overturning of the original unjust law becomes buried in paperwork instead of the point of contention.
Laws and rules should be simple and clear. It’s up to courts, not politicians, to invoke the spirit of the law when there’s a questionable call.
Otherwise, the laws become so convoluted they can be misinterpreted for any nefarious justifications that the powerful choose to circumvent their original intent.
The intent of Law and constitutions is not to abuse the citizens but to protect their rights and reign in the excesses of the powerful against them.
Not to turn the legal system into a morass of who is trolling who, today.
B: The problem is that the Notwithstanding Clause allows governments to sidestep the Constitution completely, with no justiciable remedy for the aggrieved party. The only remedy is political. DJC
@DJC
That’s my point, in case I buried the lede.
It’s that the “Notwithstanding” clause itself that’s the problem–not how it’s being used. We need to be fighting to overturn it, or, at the very least–legislation that using it will trigger a judicial review such as what happens when the War Measures Act is invoked.
That’s what we need to be fighting to obtain.
Otherwise, as I’ve elsewhere stated, our constitutional rights are written on toilet paper to be overturned at the whim of any province that wants to circumvent those “rights” to suit their agenda.
Paragraph 5 “So their fundamental right to fee association”, fee should perhaps be free?
Funny how I mentioned recalling all UCP MLA’s on Oct. 29 in this forum and now we see this movement has taken hold. I’m certain I wasn’t the only one with that thought.
It seems to me the success of the Forever Canadian campaign appears to have sparked a whole bunch of petitions, the likes of which we have not seen in Alberta before. Dingy Smith will no doubt use whatever she can to spin this around so it loses traction quickly, but it is a wake up call to those that think they are invincible and will do as they wish regardless of what the electorate wants.
The next real question is if nurses decide to strike, will the UCP use the notwithstanding clause again to trample on their rights and force them back to work?
OA: Thank you. Yes, free was the word intended to write and fee was the word that appeared. This shows the power of a single single letter, as in the ever-popular “pubic relations.” It’s been fixed. DJC
Way back when Ralph Klein was premier and I was working for Government of Alberta. Ralph sent a Christmas note to all staff congratulating the pubic sector for their efforts. That was the last time we ever saw that slip.
A very long time ago … in the late ’70s, in fact, I was walking down a street in downtown Ottawa when I passed a small office building that had a plastic letter board directory in the lobby that was visible from the sidewalk. And on that directory I saw, “Pubic Service Alliance of Canada”. My then-adolescent self was highly amused.
Some forms of juvenile humour never get old.
Jerry: There was a reference to pubic service in a recent post on this blog. It was corrected. As for signs, for several years, AUPE had a large sign on its building on 170th Street in Edmonton that read “Alberta Union of Provinical Employees.” Not as much of a pubic relations problem, as it it were, as PSAC’s sign, which is almost as unfortunate as the pronunciation of its acronym, but still hilarious to me. DJC
If I were a dictator seeking to dismember democracy, I would do what Danielle Smith is doing: disappear, order the minions to defang recall and referendum petitions (legislation put in place by none other than me, myself and my party) and cozy up to autocrats with centuries-long and recent reputations for actual dismemberments. Plus I’d go further and fire anyone who stands in my way. Who needs an ethics commissioner or an elections commissioner when there’s no need for either? Fire everyone! Then I’d sit back and frown at the protesting peasants from a window in my High Castle. “Who do they think they are — residents of Turkey?” I’d think to myself. Maybe I’d consult an international democracy expert. “Oh well,” I’d say out loud. “Send in my loyal jackboots to kick these serfs to the curb!” Then I’d head off for another lavish trip to a sunny location to see more of my dictator friends. Maybe I’d set up another trade office somewhere friendly to the dictator class. See you, suckers! And then I’d pretend to be shocked when the inevitable general strike occurred and my government fell like so many others in these trying times. Ingrates!
@Abs,
Yuppers, that pretty much covers the situation.
“The peasants are revolting!”
“You can say that again” the Queen sniffily replies.
While Marlaina vacations in Saudi Arabia on the taxpayers’ dime, her underlings are facing recall campaigns. One would have to think that this can’t be going over very well with the poor saps stuck behind in Alberta to face the music, while Daniellzebub hides from questions.
I wish I lived in one of the ridings with a recall campaign. I couldn’t add my name to the petition fast enough, even if the UCP will do anything legal or otherwise to deny voters their say. The UCP’s incompetence and malice is finally landing on them. Bring on the recall campaigns and let the people have their say!
So, no Auditor General and no money for the office of Elections Alberta. Maybe a bunch of retired or unemployed Albertans could volunteer to help the good folks at EA do their thing like, I don’t know, count signatures on a petition. Just an idea.
Or, we could all convene at the airport to welcome home our fearless leader from the land of oil. Maybe she will show off her newest camel, gifted her by a Sheik. Or new methods of resource extraction: she is a qualified O & G engineer, right?
Gosh, these sure are exciting times here in the almost 51st state!
Maybe she’ll fly in on a gifted $400M US 747-8, no strings attached. Others are expecting a more rudimentary form of transportation. I think the changes to the gifting policy make anything possible. Anything!
It’s a bizarre situation where the citizens of Alberta are battling their own government at every turn, every day, on so many fronts just to maintain some semblance of democracy and a functioning society. And the wily, unprincipled Premier along with her sycophantic, parasitic UCP caucus are trying to cut the legs off every new effort Albertans make in the attempt to hold on to their democratic rights, or make this pathetic excuse for a government accountable for anything.
It’s like trying to play a board game with a five year old who keeps changing the rules. Only it’s not “cute” to let these shysters and manipulators get away with trammeling our democracy. When I read about Smith’s government cutting funding to block the counting of petitions, and now cutting the term of the Auditor General so he can’t investigate their corruption I had a visual of Monty Python’s Black Knight, hopping around on one leg saying, “‘Tis but a scratch!” as he loses his limbs, one by one to the sword of his foe. Its dark humour at its silliest, but- that’s where we are. When Thomas Lucaszuk came up with the Forever Canadian petition that grew legs and became a focussed grassroots movement, I tried to imagine that epiphanous moment when the idea came to him. Did he sit bolt upright in bed one night and shout to the ceiling, “I’ve got it! I know what we have to do!!”? It looks like we are going to have to continue to think outside the box, to come up with strategies to thwart the thwarters. Albertans are going to have to strap on some extra limbs, but I think we’ve got the right attitude now. “It’s only a flesh wound!”
I suspect that appetite will continue longer than they’d like, because no voter is getting more than three petitions – Lukaszuk’s (which is already done), the new education one, and then maybe their local recall.
@djc
I figure Smith will try to spike the Recall act when 4 or more of her mla’s are subject to petitions in acquiring signature phase.
Question I have is about the legality of changing the act while there active petitions. Could there be a constitutional component? She can’t use the notwithstanding clause on something that involves the electoral process. The morality and ethical blowback probably won’t bother her, she will regard the issue as existential (which it is for her goverment).
And yes, the schadenfreude is delicious! Beyond the sheer pleasure of watching the petard hoisting in progress, the long term political fallout places Smith in a shit or go blind situation. Does she neuter the recall act and risk even more democratic outrage? Does she gamble not enough petitions are going to succeed and reduce her to minority? Does she call a preemptive early election and face a pissed off electorate?
Danielle and her UPC really don’t care, just like Trump, selfish, only caring about their pockets and themselves. Case in point, she whines to the feds about B.C. not wanting a pipeline, but has she done anything for B.C.? Has she reached out, or has she helped any other province, unless it’s in regards to breaking up Canada? I don’t think she has. So maybe these MP recalls will catch her attention, or maybe these recalls will get Albertans to pay attention and turf her out the door. “If your not outraged, you’re not paying attention!”
The words “total recall” do not sound good for the UCP. I wonder how many more recall campaigns will be started before they change the legislation. I would not be surprised if that happens within the next month. However, the horse may already out of the gate, so to speak for at least a couple of UCP MLA’s.
I suppose in fairness Smith can claim the recall legislation was not hers. It was a parting gift or perhaps a poison pill left to her from Kenney, who at that point probably could see the writing on the wall about the lunatics taking over. Of course it was not used against Kenney or some of his more unpopular ministers in part due to his clever timing. However, leadership reviews and general elections took care of them regardless.
It seems to me that the Smith UCP honeymoon is over with the controversial back to work legislation for teachers that unnecessarily resorted to using the Notwithstanding clause of the constitution. Those who want to be autocrats often over reach and that can be their downfall, that and in Alberta languishing oil prices also usually spells a bad end for any Premier.
Perhaps Kenney may even consider a come back. In comparison to Smith he does not seem so bad any more and it seems in time voters can forget all the stupid things past leaders did or said. After all they did for a while with Smith.
“among the strategies in relies on in elections.”
IT relies on. 🙂
Wonderful article, I’m just married to an English teacher and can’t help myself.
Thank you, Sean, in’s been fixed … I mean, it’s been fixed. DJC
Long time listener, first time caller.
Just wanted to pop in to say I hope that the rumors of Lukaszuk starting or joining a new party are true.
Lisa calls it as she sees it! https://www.youtube.com/watch?v=jwvSVbPer6I
One thing Dictator Dani can’t do is shut down the RCMP probe into the corrupt care scandal. I wonder what stage it’s at.
Michele Hyman: Dictator Dani and the UCP have ended the Alberta Auditor General, Doug Wylie’s term early, because they don’t like his damning evidence which shows they are guilty. He wants an extension to finish his investigation, but Dictator Dani doesn’t like that. She still won’t get away with it. Neither will the UCP.
Oh yeah, the Alberta RCMP did such a bang-up job on the Kenney Kamikaze Krime.
UCP style Calvinball rules fun and games:
https://www.gocomics.com/extras/calvinball-rules-calvin-and-hobbes
As the call, so the echo.
Thousands of people had to take time out of their lives to apply to be canvassers, be approved by Elections Alberta as canvassers.
Then thousands of canvassers had to obtain approval to set up their signing tables at various places across Alberta.
Then the organizer has to get the word out: where to sign, date, time, etc.
The collating, tabulating, delivering, on and on.
The organizing of such a feat is one step at a time. The plodding determination to do what one person thinks is right. The thousands of hours of time of thousands of people
Then success! Thousands of people sign the petition.
The signers think the same way and agree with the proposal.
Then the petition goes to Elections Alberta.
Then Premier Smith and the UCP caucus decides to deny Elections Alberta $13.0 million to further this petition by denying funding for all the additional staff required to get this petition to a vote in legislature or a province wide referendum.
I have no bone to pick, am an independent politically and vote who I believe is best qualified for the circumstances at present.
The political pettiness needs to end.
The NDP in Alberta seems most competent and least corrupt; most able to deliver what Albertans want.
This crooked and corrupt UCP needs to go. Who trusts this government.
I fully expect Queen Danielle, upon her return from the Persian Gulf, to introduce legislation that will repeal all legislation that has the words “recall” and “referendum” in it. There. The problem is solved.
Of course, the effect of this legislation will be retroactive to eliminate any current initiatives under way. I believe this is what Rick Bell called “leading”.
Back to the Teachers… are folk aware that there are Alberta School Districts who are sharpening their pencils and letting teachers go? Now? In November? After using Bill 2 and making a promises to hire 3000 new teachers, teachers are being let go! And are folk aware that School Districts have been told to report teacher absences to Alberta Education? Teachers have been warned that they will be fined $500 if they miss a day of school – ie: for sickness or family illness without a medical certificate. And are folk aware that some School Districts are now tracking their teachers’ responses on Facebook Group Posts, ostensibly to punish them.
And as a last throw out, are you aware of the proposed Gr 1-5 Student Testing and Tracking The Ab Ed Minister is proposing? (A dime short and a dollar too late). This tracking will required testing by staff where there are not enough to support it; teachers have already said they are overworked and overwhelmed with class sizes and diversity – the two points the UPC refused to consider in their contracts and yet here comes more Provincial Testing to take teaching/learning chunks out of their day. The bottom line is that all of these administrative methods reeks of workplace bullying and staff demoralization coming just days after the use of the Notwithstanding Clause to smash the Teachers Charter Rights. The Public outcry through recall is just beginning and as the public is made aware of the further injustices, insults and indignities the 52000 teachers in Alberta are now facing, the outcry will grow. And I damn well hope that the Alberta Labour Union decides to have a general strike to put the last nails in the coffin of the UCP. The hammer to hit those nails can only come from them. Hopefully Smith is available to join her MLA’s at that final party.
https://charlieangus.substack.com/p/portraits-of-courage-a-citizens-story