Alberta is changing the rules to make referendums easier. Here's how
Lower thresholds will also affect citizen initiatives, recalls
The Alberta government's proposed changes to citizen initiatives and recalls have focused a great deal of attention on these processes — and in particular, whether it makes a referendum on seceding from Canada more likely.
Here's what you need to know.
What is a citizen initiative?
A citizen initiative is a way for Albertans to put forward a legislative or policy proposal to be considered by the legislature, or a proposal to conduct a referendum on constitutional matters.
The mechanism for this has been around in Alberta since the UCP under Jason Kenney passed the Citizen Initiative Act in 2021.
A related process is a recall, which is a way to remove an elected official — such as MLAs, municipal leaders or school board members — from office between elections. This also dates back to 2021, with the introduction of the Recall Act.
How does it work?
Citizen initiatives can be started by any resident of Alberta who is legally allowed to vote, with some exceptions such as sitting MLAs or provincial election officials.
A proponent first applies to the chief electoral officer to start a petition. The application requires a statement on an issue — that would include an outline of proposed legislation, or in the case of a constitutional petition, a proposed question to be put to a referendum.
If the requirements are met, the petition is issued, and the proponent then collects signatures supporting their initiative. Once the required threshold of support is reached, the petition is submitted to the chief electoral officer and verified.
A non-constitutional petition requires the support of 10 per cent of all registered voters in Alberta. If successful, a proposal is required to be introduced in the legislature and referred to a committee, which can recommend either that the proposal be turned into legislation or policy, or that a provincial referendum be held on it.
A constitutional petition needs the support of 20 per cent of all voters, and at least 20 per cent in two-thirds of all provincial ridings. If it clears that bar, the question is put to a provincial referendum.
What about recalls?
A recall petition requires the support of 40 per cent of eligible voters in the riding, municipality or ward. What happens next is different depending on the type of official being recalled.
In the case of an MLA, a successful petition results in a referendum within that riding on whether to recall the MLA and hold a by-election. That step is skipped for local officials. A petition meeting the required threshold of support results in the official being removed.
What changes is the government proposing?
Once passed, Bill 54, also known as the Election Statutes Amendment Act, will significantly lower the threshold of support needed for initiatives or MLA recalls.
All initiatives, including constitutional ones, will require 10 per cent of the voters who voted in the last general election.
For recalls of MLAs, petitions will require the support of 60 per cent of voters in that riding who participated in the last general election, instead of 40 per cent of eligible voters.
Proponents of initiatives will have 120 days to gather signatures, rather than the current 90 days. Recall campaigns for MLAs will have 90 days instead of the current 60 days.
Bill 54 also lifts the ban on corporate and union contributions to initiative and recall campaigns, political parties, constituency associations and others. It also enables MLAs facing a recall petition to provide a responding statement.
How many citizen initiatives have happened in Alberta?
Zero.
A spokesperson for Elections Alberta confirmed to CBC News that no citizen initiative petitions have ever been submitted since the legislation was introduced.
The 2021 municipal elections included two referendum questions, on equalization payments and daylight saving time. However, those questions were put forward by the provincial government, not as the result of a citizen initiative.
How common are citizen initiatives elsewhere?
In Canada, not very. They do not exist at the federal level, and the only other province that allows initiatives is British Columbia, which introduced them in 1991 — through a referendum.
They are more common in the United States — where 24 states and the District of Columbia allow for them — and in Europe.
Is Alberta going to have a referendum on leaving Canada?
The proposed changes certainly make it more likely. The threshold of support required to force a constitutional referendum would be about 177,000 signatures as opposed to the current 600,000.
But separatism consistently polls low in Alberta, with around three-quarters opposed.
How does a province secede from Canada?
It's uncharted territory. The Constitution sets out a path for amendments, but there's no clear-cut agreed-upon formula for a province seceding from Confederation.
WATCH | Comparing Alberta and Quebec's sovereignty movements:
Following the nail-bitingly close result of the 1995 Quebec referendum, this question became more pressing. In 1998, the Supreme Court of Canada ruled that unilateral secession was not legal — but that a clear referendum decision in favour of independence by any province would compel the federal government and provinces to initiate negotiations on the matter.
"We can imagine that there would be sharp differences of opinion around that table," says Eric Adams, a professor and constitutional law expert at the University of Alberta."
"There may be particular provinces that support the independence of a particular province, others that are staunchly opposed to it. And of course, First Nations people will be there too and may claim that the whole enterprise is illegitimate because of the treaty relationships and the historic sovereignty of Indigenous peoples over these lands that we now call Alberta."
Are initiatives or referendums more democratic?
They aren't so much more democratic as simply a different flavour — specifically, direct democracy rather than representative democracy.
"In our parliamentary government, we don't govern by referenda," says Martha Hall Findlay, director of the School of Public Policy at the University of Calgary.
"We actually have representative government. There's a reason why we do things the way we do."
Hall Findlay says that it's clear there is discontent among many Albertans regarding the federal government. But while referendums serve a valid purpose when used sparingly, she is wary of making it easier for a vocal minority to force an issue like separatism.
" I will point out that didn't work out so well for the Brits with Brexit," she says. "I think there's an awful lot of buyer's remorse on that one."
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