Alberta amends Bill 14 after chief electoral officer raises red flag about 'partisan influence'
CBC
The Alberta government has made last-minute changes to Bill 14 after a scathing letter from the province’s chief electoral officer said it threatened “an erosion of the separation of powers.”
“The proposed amendments risk significant harm to Albertan’s trust in the integrity of our constitutional democratic process,” Gordon McClure wrote in a letter that was sent to all members of the legislature Tuesday in the hours leading up to the bill being presented for second reading.
Bill 14 proposes a host of changes, including to citizen referendum rules, and transfers powers from the chief electoral officer to the minister. It has also been criticized by Court of King's Bench Justice Colin Feasby, who said the bill sought to interfere with the judicial process.
In his letter, McClure said his biggest concern was that the bill would see the justice minister directing the chief electoral officer’s actions.
“The chief electoral officer should not be taking direction from the executive branch of government,” the letter reads.
“The potential harm of perceived partisan influence over electoral processes cannot be overstated.”
McClure offered two options to alleviate his concerns: remove the administration of initiative petitions from the office entirely, or make significant amendments to the bill.
On Tuesday, Justice Minister Mickey Amery introduced an amendment hoping to address some of McClure’s concerns. The legislature approved it around 11:30 p.m.
The amendment removed the part of the bill that would prevent similar referendum questions from going forward within a five-year period. This in effect eliminates a rule that would have required McClure to seek the justice minister's approval.
The amendment also removes the clause which gave the justice minister the ability to refer a citizen petition question to court for an opinion, saying this ability already exists in another act.
“We think that we have reached an appropriate balance,” Amery said.
He clarified with reporters on Wednesday that, as the bill currently stands, the chief electoral officer does not have the ability to refer petition matters to the court.
"Neither the CEO nor the ministry can now refer matters to the court or reject the questions that are important to Albertans," Amery said.
NDP Leader Naheed Nenshi said that is not a solution to McClure’s concerns.
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