Danielle Smith and her United Conservative Party can’t be too happy today with Elections Alberta and its boss, Chief Electoral Officer Gordon McClure.
On Wednesday, Court of King’s Bench Justice Shaina Leonard ruled that Mr. McClure made an error in law when he approved a Citizen Initiative petition collected by a group seeking a referendum on Alberta independence from Canada.
And yesterday, Mr. McClure said he accepted the court’s ruling overturning his decision, the CBC reported. The boxes containing reams of petition forms collected by the Stay Free Alberta/Alberta Prosperity Project campaign will remain in secure storage and Elections Alberta staff won’t count them, maybe for a while, maybe forever.
For those of you interested in what Justice Leonard actually said, you can get a sense of it in a few lines of her conclusion, although I’ve left out a lot because we don’t have all day here. “I conclude that the CEO Decision triggers a duty to consult,” she wrote. “The Crown has actual knowledge of Treaty rights that are engaged by the Second Proposal. The CEO Decision triggers a binding referendum on secession. Because of the sequence of events that are triggered by the CEO Decision, the CEO Decision constitutes Crown conduct. A requirement to implement secession without prior involvement of the Applicants has the potential to adversely affect Treaty rights. The CEO Decision therefore triggers a duty to consult.”*
Ergo, she ruled, Mr. McClure’s decision to approve the petition was an error in law rendering it unreasonable, and, moreover, the government failed in its duty to consult with First Nations.
Now, you might think I was going to suggest that the UCP and Premier Danielle Smith would be upset at Mr. McClure for making an error in law. But that’s not it at all. Like other utopian ideological governments of its ilk, the UCP forgives incompetence and values errors that work in its favour.
But Ms. Smith and her separatist henchpersons will undoubtedly perceive Mr. McClure’s honourable recognition and public acceptance of the judge’s ruling as a betrayal. After all, it obviously undermines the government’s weak case that judge’s decision is an outrage against democracy that must be remedied, if not by appeal then by an arbitrary act of cabinet.
Add to that the fact that late Wednesday, Dallas Stoesz, the deputy chief electoral officer, admitted on a CBC political program that the largest breach of personal data in Canadian history** is not only still in the wind, but that the 568 folks who received cease-and-desist letters about using the breached data barely scratches the surface of the extent of the data dump.
“I want to really stress that it’s thousands who may have just seen the list,” Ms. Stoesz told the CBC in an interview. “What we don’t know is exactly who and how many people received the list and had direct access to the full list of electors.”
And what’s more, it’s a near certainty we never will.
As everyone in Canada now knows, along with basically every electronic fraudster on the planet, the purloined database includes full names, addresses and phone numbers of 2.9 million Albertans. So keep a sharp eye on your electronic banking records, folks.
What we know about the mechanics of the leak, theft, misappropriation or whatever the breach was is limited in significant ways – and anyone who does know is not likely to want to fill in the blanks.
We do know the data was legally given by Elections Alberta to the so-called Republican Party of Alberta, headed by Cameron Davies, a prominent separatist who has also been active in UCP circles. Elections Alberta said it determined this by identifying fake names it included only in the version of that list given to the RPA.
And we know it ended up in the hands of a political campaign company called the Centurion Project, which is apparently not legally entitled to have access to it and which is run by David Parker, another prominent separatist who has also been active in UCP circles. Earlier this week, Elections Alberta said Mr. Parker isn’t co-operating with its investigation,
But while it is easy to speculate idly on what might have happened on the short trip between Point A and Point B, and whose hands the data may have passed through or why, no one who knows is talking about it and our government is quite happy to leave it that way. The RCMP have already advised us to forget about asking them any questions about their investigations.
So Ms. Stoesz’s admission that things are actually considerably worse than they appeared to be when the catastrophe was first revealed will doubtless be seen as another outrage by the UCP as well.
As for Mr. McClure, who has a quarter century history in various government positions and education in fine arts and architecture, the government has already turned down his request for a modest raise. That’s probably a sign of things to come.
Words of wisdom from Tyler Shanro!
Words of wisdom from Tyler Shandro, former senior cabinet minister in Jason Kenney’s UCP government and, briefly, Ms. Smith’s? Seriously? Who saw that coming?
“Nothing in Justice Leonard’s decision prohibits separatists from running a separatist party with a separatist platform in the next general election,” Mr. Shandro tweeted yesterday morning. “Democracy lives through long established processes for democratic participation. Why won’t separatists run on a separatist platform in a general election?”
I think we all understand why, as Mr. Shandro surely does as well. This suggests to me, though, that the right-wing coalition Mr. Kenney stitched together and Ms. Smith has managed to hold together is starting to fray. The question is, can it come apart fast enough to save us from some really dangerous insanity?
*This is one of two significant related decisions rendered by Justice Leonard on Wednesday. The other is found here. We’re all going to need to dig deeply into both these cases. That’s our homework. In the meantime, though, we need to consider the immediate political implications of her rulings.
**I think it’s safe to state this conclusion outright now without further qualification. It’s been reported as a possibility hundreds of times in the past few hours and no one has stepped forward to say, nope, there was an even bigger one. If that were so, it already would have been identified. Tell me I’m wrong!
This whole ordeal is far from over. The severity of the leaking of personal information of millions of Albertans is something that can’t be shrugged off. Danielle Smith is going to have a lot of problems from this. She and the UCP are not going to last, because of how serious this is. It will be interesting to see what else develops.
You are certainly right I can’t find anyone who is dumb enough to support any of them. Talk about shooting yourselves in the foot. These idiots have certainly done it. Virtually attacking a different segment of the population every week proves how stupid they are, doesn’t it?
Why don’t the separatists run on a separatist platform? Because separating from Canada is suicide. Albertans are many things but provincially suicidal, I think not. On the other hand. . . Alberta would be a waste land, beholden to the MAGA USA. What a plight of awfulness that would be. Think Texas with its unhinged population. “They are crazy down there.” No wait, Alberta is the Texas of the north so who am I kidding – we are just as crazy as Texans. Think Louisiana where they are deliberately taking away the voting rights of black people. UCP are bigots no doubt going after immigrants for no reason other than racism. The UCP is a racist party. Bring back the death penalty along with death by firing squad. Probably arrange to make money off of the killings, as good business practice. It seems as though the people of the south are suffering from boiling brain syndrome. These idiots want data centres galore. Water? Who needs water? I once heard a religious zealot scream that humans don’t need water to live! These people are utterly insane. And they are in control of your tax dollars with which they are enriching themselves. It really is that bad – politicians getting rich off of the taxpayers dime! How rich is it that these grifters take tax money, live on it, and use information gained from their positions in office to become criminally wealthy? But hey Musk apparently is now worth 800 plus billion dollars, so everything is good! It is embarrassing to say you are an Albertan because we are the laughing stock of rational thought. In spite of all the dystopia, we still have jobs to do. Tucker Carlson wants Canada invaded by the religious right because we have MAID. Carlson is an odious nut. And a dear friend of Smith et al. Don’t matter though. Nothing matters it seems. Dog eat dog world and we like it that way. Turn up the temperature so that people become unhinged and let the games begin! What fun! Destroy and watch the fallout. However, his insane musings are followed religiously by the far right. Case in point, we have been invaded by republicans which is why the province has gone to crap under the UCP. As a UCP nation? How horrifying and stupid!
Stupid is as stupid does. Is stupidity a contagion? We need a general strike to get the UCP out. Problem is, like MAGA, the UCP have many supporters, crazy people, but people nonetheless. So there will not be a general strike and Smith and company will forever change Canada as they have already, from a sovereign country to a question mark. Division is an understatement. We are on the brink of war with ourselves, neighbours, and with our families and friends. Go ahead, just mention politics to anyone and see what happens. Either you will get an earful of crap or denial and ignorance, there is no middle ground here. We are experiencing an existential moment. Pompeii is nothing new. Ah well, Smith was seen singing along to Chumbawamba, holding a drink and having a gay old time with her separatist crowd, I guess that is the answer for all and any woes. Drink and sing. For those who give a damn it is cry and moan no drug stimuli required.
As talented sales people used to say, but wait, there’s more! In this case, the saying could be, but wait it gets worse! This MAGA like referendum mess created by Smith and crew with determination is getting worse and worse.
First of all, we have the huge data breach by someone in a separatist party to other unauthorized separatists, at least some of who are still not cooperating with the investigation of the leak according to Elections officials. This is making it harder to deal with the damage and try fix the problems. Next there is also the interesting coincidence of the number of names on the separatists position suddenly and suspiciously growing quickly after they got access to the voters list, which casts a shadow on its validity.
Second we now have two court rulings about the separatist referendum initiatives. Around the time of the first one Smith changed the process to lower the signature threshold for the separatists and to try prevent our elections officials from considering the legality of the process.
This is MAGA like chaos, over reach and incompetence by Smith and crew for continiuing to push something most Albertans don’t want – a referendum on separation.
I feel in this case Shandro is right. Rather than the stealthy separatism campaign being forced on us by Smith and crew, we need a clear choice. The separatists need to start to act like grow ups and first run on a clear platform in a general election, rather than hide behind the protective and indulgent Smith. This is an important missing step that was totally skipped.
Our elections officials are understandably hesitant to go along with something not legal. Even some UCP members have reservations about this process. As Smith’s HMS Referendum goes full steam ahead the ice bergs may be political as well as judicial. Smith can not continue to try force something through that most Albertans really do not want without consequences.
Marlaina thinks she can fire anyone who doesn’t help her separatism efforts. After all, her hero the Mango Mussolini does it. She is out of control and she knows that the judiciary is the only thing standing between her and total authoritarianism. She’s already flapping her gums about using the notwithstanding clause (again). And now the legislature if off until November so she doesn’t have to face any pesky questions in the house. Her actions show her to be a danger to democracy.
I actually want her to try using the notwithstanding clause to override Justice Leonard & First Nations. Why you ask?
Because the First Nations treaties are NOT subject to the nwc.
Smith tries it, she gets a constitutional fire extinguishing from the Lt. Gov.
Gerald: I’m sure Mickey will quietly explain to her why that won’t work. DJC
Gerald– https://prairiesexposed.substack.com
“The Notwithstanding fantasy: why Danielle Smith…
@djc & randi-lee
I’m sure Amery will have quiet word; but Smith is caught in a cleft stick of her own making, and has a proven history of bad decisions.
The probability is low, but not zero.
But yes, this far more of a wish fulfillment on my part. A means of keeping my blood pressure at manageable levels.
The problem lies with the colonialist mindset of those in government (federal and provincial) and in the legislation that they’ve drawn up and passed into law. They still consider the Indigenous peoples as a minor inconvenience, not as anyone who has a stake in this country. Consultation? Oh, we’ll do that as a last step – one meeting should handle it. Who cares what they think? Or what they want? You can see this clearly in Alberta’s Bill 14. And in the Carney government’s focus on national infrastructure projects while ignoring Indigenous concerns. Well, times have changed. Steamrolling over Indigenous peoples isn’t going to work any more. They have good lawyers. They can tie things up in the courts for years if they choose. And they know this is far more effective than blocking roads or shutting down rail lines. Hmmm, could this be another reason why Danielle Smith wants to appoint her own judges and control the court system?
“Have good lawyers”?
My friend, many First Nations citizens ARE “the lawyers” 😉
That may hold, for the moment, until people like Smith collapse “laws” that don’t work for them, any more.
Consultation can be made pointless in the end. It’s a pretty word for talk, not power. Any system where your “no” can be overridden at any time in the future, isn’t consent. It’s coercion. Being asked what style of shovel gets used to dig up your lawn by someone else doesn’t mean you own your yard.
Danielle Smith, Alberta’s equivalent to the trials of Job. If we live through her reign of terror, will there be a reward?
The callous lack of concern by the premier of Alberta for what has happened and is yet to happen to the people of Alberta victimized by her friend David Parker is simply astounding. Has she no conscience at all? I think we know the answer. Not a single word about this scandal since it happened. She’s too busy plotting to keep herself in power by courting the separatists.
As if that isn’t concerning enough, take a look at the list of registered political parties in Alberta that have access to our personal information through the legal route. Recognize anyone?
And if you’re not concerned yet, ask your bank what they are doing to protect customers victimized by this massive exposure of their personal information. Nothing? Will they blame you for not keeping your information secure when some crook absconds with your life savings? We know the answer to that, too.
So, 2.9M people hung out to dry by the UCP cabal and friends. We outnumber them. What are we going to do about it? The time for thumb-twiddling is over.
I see Jason Kenney weighed in on the separation and suggested the same thing as Tyler Shando. Having read some of the decisions I do not see why an appeal would be successful, but then I am not a lawyer. What is clear, the UCP changed the rules midstream to favor the separatists and the second question is essentially the same as the first that was rejected. I don’t see how the UCP interference makes the second petition any more valid than the first.
I am sure the UCP will figure out this judge is taken off the case. Remember these are a Cosa Nostra. Have we not had enough of no brain Jason?
The judiciary is “undemocratic” and our answer is to appeal the decision to the very body we disagree with. Groucho Marx said that a man falling down an open manhole was tragedy, slipping on a banana peel and falling down the open manhole comedy. You kids managed both at the same time.
I think that the premier really does not understand what democracy is about when she said the justice’s ruling is undemocratic. She shows a tendency bending to mob. I was wondering if she knew that the separatist petition once approved set off a chain of actions toward a binding referendum. Albertans who may just want to make a protest to the federal government’s policy toward Alberta was indeed being taken advantage by the separatists. So sad.
The reason we haven’t seen the WAAAmbulance is because they have been stripping it for parts.
I think the media is missing the point, here.
Chaos IS the point. Not winning. Not changing something because it might be advantageous to the citizens of the province.
The point is to keep shoving at the lines, chipping away, little by little at bits of privacy and societal cohesion until it collapses into random insanity and we are all begging Big Daddy Technocracy to fix it. To launch huge data centres where every aspect of everyone’s life will be scrutinized to extract whatever value and attention the subjects (for we are not citizens in the eyes of the technocrats and corporatists) of this vast experiment in societal manipulation and wealth extraction.
Dixie Dani won’t be punished for this. She’s in favour with her overlords for creating more chaos with which they can forward their agendas.
Good to know that we still have sane judges.
The RCMP does not want any questions about the investigation because there will not be one. If they open a file, it will take 10 years and at the end it will be as ambiguous as possible. No one is responsible ever. We are well trained on those investigations. The only positive news around this horrendous stupidity is the rumours that a class action is possible. Let us do it. I may not be here for the end of it but I will pay attention on the other side.
Your claim that Elections Alberta legally gave that database to anyone is FALSE. Regardless of what Elections Alberta pretends to be legal, it is a violation of both federal and provincial privacy law to enter personal information into a database without the explicit permission from every person entered. It is also illegal to ever release anyone’s personal information from such a database to ANYONE without the explicit permission of the person who owns that information, and the request for permission must include who requested the information AND WHY! Obviously, with those legal conditions, it is ALWAYS illegal to release an entire database containing the personal of many, to ANYONE, and Elections Alberta is blowing smoke when they claim they have a legal right to do so. THEY DO NOT!
Al: Alberta law expressly exempts voters lists from privacy legislation and allows them to be given to political parties. My understanding is that this is also the case in most other Canadian provinces. DJC
With all this crazy stuff going on in Alberta I have come to the following conclusion: The average Albertan is stupid therefor 50 percent of Albertans obviously are stupider. And even if there was a vaccine for stupid it would not work for that 50 percent of Albertans as they are all committed anti- vaxxers.
Don’t be mean, Barney. DJC
Getting real tired of others painting Albertans with the same brush, shows a lack of imagination on your part. Should I judge all Ontarians by Doug Ford’s actions? Saskatchewan by Scott Moe’s impaired driving causing death conviction? Try reading a book, maybe travel a little and relieve yourself of some of your ignorance.
If the Grift-o-Kons are a “utopian party”, they have been successful in maintaining the earthly paradise for the ruling class. And it has always been thus, at least in terms relative to people living in Derpberta today. “In fact, Harper’s views draw upon and are part of a tradition that goes back to Ernest Manning and Sunoco president J. Howard Pew of oilsands fame. In the 1960s both men shared Protestant evangelical views and even vacationed together in Jasper every summer. When Pew, the American equivalent of a Saudi sheik in terms of wealth and power, encountered resistance to his bold bitumen mining plans in Fort McMurray (conventional oil drillers feared the project could tank oil prices), he had a talk with his pal, premier Ernest Manning. Shortly afterwards, the government smoothed things over and approved the first oilsands project in 1964. Pew then helped to fund Manning’s popular radio show Back to the Bible Hour. Pew’s deep pockets also extended to conservative political lobbying. He helped to finance the far-right John Birch Society as well as the American Enterprise Institute, where Republican speech writer David Frum later worked for a number of years.” https://thetyee.ca/Opinion/2015/09/14/Covert-Evangelism-Stephen-Harper/
“You’ve always been the caretaker.”
Look out for a bait and switch. In their efforts to stymie the Forever Canadian petition question from coming to a vote in the Legislature, several UCP MLAs signaled it could become the referendum question in October. This might satisfy the separatist faction in the UCP by allowing them to vote no to Alberta remaining in Canada in a secret ballot vote.
DJC— in case you haven’t heard
David Parker posting on X
“God be with Alberta.
Hello Texas. “
Randi-lee: Thanks. yes, I have seen the tweet. As I mentioned in this comment section, I don’t think we can necessarily conclude from that that Mr. Parker has “fled” there, as some have suggested. He may just be on holiday and jerking our chain. I found Texas very simpatico. I could always get a laugh out of a group of Texans by saying that Canadians and Texans have a lot in common … we’re both citizens of countries that used to be independent from the United States. DJC
There is no doubt in my mind and Queen Danielle, being the petulant twit she is, will move legislation to abolish Elections Alberta in favour of an *independent* body. Independent meaning highly partisan, and she gets to appoint its commissioner. (Likely Preston Manning because of course she will)
This effectively means that the Premier’s Office will be deciding everything and anything to do with elections in Alberta. As for all the talk of gerrymandering, get ready for the shrill shriek of the complete redrawing of all the ridings in Alberta based on arbitrary interpretations of those boundaries. Rural ridings increased and urban ridings reduced? You haven’t seen anything yet.
And to make things more palatable, every member of the UCP caucus will join a much larger cabinet. Yes, it will be the largest cabinet in the western world.