Reboot Alberta

Showing posts with label Lougheed. Show all posts
Showing posts with label Lougheed. Show all posts

Sunday, July 25, 2010

Is Alberta Ready for a New Political Narrative?

There is a relatively true myth (sic) that Alberta sustains a one-party state politically for decades and then, seemingly, overnight changes its mind and goes with an entirely new set of politicians and a new government.

From some new research we have done at Cambridge Strategies, it appears that Alberta is on the verge of another a dramatic political shift.  For sure the ground is moving.  Not sure yet if the seismic indications are strong enough to have another political earthquake.  There will be more details on the survey findings in my blog posts over the next few weeks.  I suggest you subscribe or follow this blog to ensure you get notice of those posts when they happen.

The other macro-variable is to consider if the values and attitudes of the Alberta population of today is akin to those of the past.  It is a lot more urban, educated, wealthy and secure these days.  Not sure we can rely on history to repeat itself with how different Alberta is today form the past.

There is a sense of a social shift that is happening now that has some similarities to the revolutionary attitudes and hunger for change from the 60's.  That enabled Peter Lougheed to take the Progressive Conservative Party from nowhere to the overwhelmingly popular choice to replace the old, tired and out-of-touch Social Credit government.

What the conventional wisdom is the lack of a viable political alternative.  Kevin Libin did an interesting piece in the National Post looks at the Alberta Liberal party in this context.  He could do the same kind of analysis of the NDP and even the Wildrose Alliance.  Neither one has been able to capture the angst or the aspirations of the next Alberta.  There is a yearning, longing and hunger for a new narrative for the next Alberta that is just as strong as the anger and frustration with the current state of politics and governance in the province.

The rise of the Wildrose Alliance is an indication of some of the unrest and moving political ground in the province.  It is far from the mainstream values or majority point of view of everyday Albertans. There are many more conversations happening around the province these days about what kind of place and people we are and want to become.

The sentiment that is emerging in the conversations I am involved with and monitoring is not about Alberta being the best place in the world but about the potential and promise of Alberta to be the best is can be for the world.  That is a much more generative and engaging mindset than the banal boosterism we get from so many sectors in Alberta these days.

Reboot 3.0 is in the early planning stages and will happen in Edmonton this fall.  It will be focused on what it will take to get a more comprehensive and integrated progressive set of values in Alberta's political culture. It will be a focused conversation about how to use the aggregate political power of progressive thinking Albertans to Press for Change in the politics and governance of our province.  Stay tuned.  There is going to be a lot of changes in Alberta politics between now and the next election - I can assure you.

Monday, January 04, 2010

Forsyth and Anderson Cross the Floor on the Stelmach Government

So another shoe drops on the heads of Alberta PC government with two Progressive Conservative MLA defections to the Wildrose Alliance Party today. My guess is this is just the start and we can expect some more MLAs to be evaluating their future with the current government.


Rob Anderson is a social conservative and has been pushing buttons in the government for a while now. His head and heart is more aligned to a far right political philosophy. He was a big proponent of the Bill 44 that was push through in spite of protestations of progressive Albertans. The raw political power push to pass that draconian social conservative legislation was a tipping point event for progressive Albertan’s attitude about “their” government. It made many progressives in the PC party realizes they were no longer being listened to, including me.

I was surprised that Heather Forsyth being one of the early defections. I know and respect Heather and know her to be a quality person and conscientious MLA. She is a political realist too. From listening to her reason to cross today, there was the usual stuff about representing her constituency but there was more. She listed a lot of serious issues and concerns about the Stelmach government’s approach to many social and economic concerns she has been dealing with at the door steps. She said the “government has lost its way” and commented that “Albertans need to feel proud of their province” again. I think she is right and those realities resonate.

These decisions are never easy. Both of these MLAs have to be taken seriously and I respect their decisions. But I sense this is just a beginning not the end of Stelmach’s woes with the Wildrose Alliance. I would not be surprised if more PC MLA defections are in the Wildrose plan but don’t expect anything until after the Cabinet Shuffle.

Reality in politics is about perception and just because that’s a cliché does not mean it is not true. Perceptions come from stories and narratives more than facts. The emerging narrative is that the PCs are in disarray. They are scrambling for relevance and respect and squandering what they have left of both qualities. The WAP is getting organized and has been an effective place to park ones protect about the PCs.

Today the narrative changed – dramatically. Today the cracks in the brain trust of the Stelmach leadership are being discussed by disaffected former party and government loyalists like Heather Forsyth. The light is shining in and what we are seeing is not helping the plight of the PC government or its leadership. The defector’s new conference comments today about the Stelmach government being undemocratic, authoritarian, intimidating and bullying inside the caucus reflects badly on the government. These same innuendos and coercion tactics have been happening from the government about many vulnerable but courageous people outside politics too. I know this from direct experience and reports from the not-for-profit community based social service sectors, most recently in the Persons with Developmental Disabilities area.

Here is another narrative that is totally speculative but as plausible as any other in the volatile and variable world that Alberta politics in now all about. Consider this story line. What if Ted Morton is not happy with his Cabinet position in the coming shuffle? Why would he stay in the Stelmach government? I don’t think he will cross the floor however. He will resign and return to the University of Calgary. His leave of absence from the U of C must be running out and if he does not return could he lose his tenure? He is not going to be Premier via the PCs or the WAP route so why stay in politics? He resigns and causes a by-election just outside of Calgary that Danielle Smith wins. She owes Morton big time as a result and he can then become anything he wants to be in advising and directing the future of the WAP.

Even the plausibility of this narrative will smoke out the rest of the disenchanted social conservatives in the PC caucus to jump to the WAP in the coming weeks. The internal politics will preoccupy and destabilize the government for some time to come. The more serious question is what will Stelmach do in response?

That is fodder for another blog post at another time. For now I think Albertans will be watching for big internal changes in the Premier’s office and in the Cabinet as well as with the fiscal, social and environmental policy agenda this month. Realistically, I see no scenario emerging today that would see a rebalance of the PC government towards a fiscally conservative and socially progressive and a resource stewardship and conservation mindset. That was the hallmark of the glory days of the PC party in Premier Lougheed’s day. To my mind we need to restore that kind of political culture so we Albertans can be proud of our province once again.

Monday, June 08, 2009

Lougheed Confirms Albertans Own the Oilsands But Says We Better Start Acting Like Owners.

With all the turmoil going on in the world - and in my province of Alberta in particular, to read the top Editorial from this morning's Globe and Mail was a gift of clarity and common sense.

Former Alberta Premier, Peter Lougheed cuts through the fog and frustration and states the fundamental truth for Albertans. That is that the citizens of Alberta are owners of the oilsands - not the energy industry. The energy industry companies who are developing the resource are welcome as tenants but only as tenants. This issue of Albertans needing to act like owners of the oilsands was the key message coming from the Royalty Review Panel Report last year as well.

The old-boys back-channel industry model of dealing with and influencing government is over and that will be confirmed this November when the Lobbyist Act finally get Proclaimed into law. The government has to rethink its mindset around oilsands too. It has pandered and capitulated to the industry demands on royalties and taxes and subsidies for generations but as the proxy holders for citizens, the government has to remember whose best interests they are supposed represent.

Shareholder interests can no long trump the interests of Albertans. If certain energy companies wants to leave, the resource is not going away. Others will come to replace them. We know there is lots of international interest to invest in Alberta's oilsands. the big selling features are that we have a know and enormous proven oilsands resource. We have a stable government with the rule of law, a strong investment climate and reasonable accountability controls and no corruption. We have the best proximity of any oil supplier to the largest energy market on the planet and an international treaty with that customer to provide some certainty in the marketplace.

The energy industry is in turmoil too, given the recession, restricted access to capital, volatile commodity prices and issues around cost control and royalties. I haven't even begun to talk about the new environmental standards they will face in the immediate future as we get into a post-Kyoto world soon to be emerging out of the Copenhagen Climate Change meetings come December.

Lougheed says Albertans, as owners, need to insist on a more "orderly development" as we come out of this recession. That means one project at a time to reduce costs, contain inflation and allow for adaptations for environmental and social impacts of oilsands development. Lougheed also says oilsands upgrading has to happen in Alberta, something we at Cambridge Strategies have been advocating as well.

Lougheed says Albertans also need to expand our oilsands markets into Asia and not just depend on the US market. This is another issue we at Cambridge Strategies have been pushing and actively working on. You can review the Cambridge Strategies work in our Economic Outlook 2009. We also have called for the GOA to invest in a merchantile upgrader in our recent Budget Analysis.

Lougheed laments that previous calls for a more sustainable and focused development of the oilsands "...have mostly fallen on deaf ears." The Editorial goes further to the heart of the matter stating: "There has been an unwillingness of the Alberta government, and not enough pressure from the public, to exercise greater restraint."

The old-boys of the energy sector have effectively convinced themselves that the new Royalty Regime is the NEP of the 21st century. They have vilified the Alberta government in the process. Both the industry and the government seems to have forgotten who really call the shots here, the Alberta citizenry as the owners of the resource. The attitude in the pubic is that both industry and government have forgotten their place and have lost their way in the need to create a responsible, reasonable and sustainable oilsands development approach.

The close of the Editorial is what was the most encouraging comment for a Monday morning. It goes to the governance of Alberta and to the roles and responsiblity of Albertans as owners of our natrual resources. Will Albertans take back the power of politicla governance and exercie their proper proprietray ownership obligations in the oilsands? Lougheed is hoepful and so am I.

Thursday, November 22, 2007

Did Alberta Try to Get Quebec to Change Policy on Kyoto by Offering "Billions of Industry" Money?

I have bought but not yet read William Marsden’s book “Stupid to the Last Drop” about the Alberta oil sands. I don’t expect to get to it until after Christmas but I may have to fast track my plans.

This CanWest news piece suggesting Guy Boutilier, when he was Alberta’s Minister of the Environment, may be enough to convince me to get into the book sooner. Apparently Mr. Boutiller tried in 2005 to influence the Quebec government to change its support for the Kyoto Accord in exchange for “billions of Alberta industry” dollars to help finance the Montreal Stock Exchange.

This is an interesting allegation given that Mr. Boutilier admits to writing the note and circumstances of the event. He berates Mr. Marsden for “sensationalizing something that is totally imaginative.” What was so imaginative about this ploy? Trying to buy Quebec loyalty and failing to do so is hardly imaginative.

Many past federal Liberal governments were masters at it and Chrétien was perhaps the biggest failure at it. Just look at Adscam for proof of that statement. Even the current Con government under Mr. Harper is playing the lets buy Quebec's loyalty card. He is into the “Quebec Nation” notion and has done some pretty serious federal spending in Quebec with the strategic advice of former Prime Minister Mulroney. Remember it was Mr. Mulroney who managed to get an impressive string of majority governments out of his application of this “imaginative” lets buy the Quebec loyalty tactic.

This is hardly an imaginative approach to nation building or cooperative federalism. It is nothing even close to the effective tag teaming Lougheed and Lévesque used to employ against Ottawa from time to time. Those events were marked by Alberta and Quebec sharing a mutual respect for the division of powers in the Canadian Constitution at a time when Ottawa was buying influence from all other provinces.

Hard to judge from what we know for sure about this event as to what Mr. Boutilier was really up to in offering billions of Alberta industry money to Quebec. On what basis Mr. Boutilier thinks he can offer billions of private industry money to Quebec in the first place is confusing enough. What was he thinking?
Claiming it was about being "imaginative" is not likely to pass any sniff test as to what his motivations really were.

Monday, November 05, 2007

Manning Wants a More Comprehensive Policy Approach in Alberta - and He is Right

You have to admire Preston Manning and Peter Lougheed. They both have different takes on the Stelmach’s government responses and the consequences to the “Our Fair Share” Royalty Review Panel recommendations.

Lougheed praised Stelmach and it should be noted Lougheed knows what he is talking about, having raised royalties himself many years ago. The federal Minister for Alberta Jim Prentice also praised the Stelmach response.

Manning, on the other hand, pans Stelmach’s response but not so much on the royalty issues in terms of balance and appropriateness but on the larger issue of the capacity of Stelmach to adequately govern.

Let’s look at what Manning has to say. He accuses Stelmach of tearing up agreements with two major oilsands players (Suncor and Syncrude). That is not the case and Manning knows it. Stelmach has confirmed that those deals run until 2016 and if they are not renegotiated by mutual agreement, they will continue to be honoured.

Manning was on CTV’s Question Period yesterday noting that the Stelmach government may fall into minority territory should another 150,000 Albertans stay home on Election Day. This is in addition to the 210,000 PC supporters who stayed home in the 2004 Klein election. Here is where I agree with Manning, if that happens, Stelmach in minority or even losing territory.

However an election is not here yet and there is lots of time for Stelmach to do the rights thing to restore good government to Alberta…and get the credit for it. That means he needs to be between the far right and the old-style Klein somnambulist approach to governing but also to fix the social and ecological deficits in Alberta to day and going forward. A single minded focus on the economic agenda alone is not good enough.

Now let’s look at the Manning Agenda based on from his reported comments. He notes “…the big picture just hasn’t been spelled out, that’s where I see the problems.” The items in the Manning “big picture” are tying royalty rates to tax policy, continental energy security and environment. And he pointedly asks if Stelmach has the competence to deal with these issues as well. It is a fair and provocative question. It will get distorted and massaged by all kinds of spin-masters but I think Albertans can see through that noise and keep a focus on their core concerns.

Here I think Manning’s focus on what he calls “the big picture” is right on. But I think the focus is not on Stelmach’s competence to govern alone is too narrow. Do any of the political party leaders in Alberta have the trust of Albertans to competently deal with these issues? Our oil sand survey preliminary results show that none of them have generated sufficient trust to deal with growth issues in the province. Stelmach is by far the most trusted political leader in Alberta according to our results but at only 32% support that is not enough to presume electoral success.

There is a need for the political agenda to deal beyond the dollars and get into the environment and social issues and angst that this economic growth has caused. Albertans know that and have moved ahead of the political pundits and politicians to embrace a more comprehensive and integrated approach to public policy and governance. So media sound bites and political personalities aside in the complex real world I think Lougheed, Prentice and Manning are all correct in their comments and observations on the Stelmach royalty response and the potential political and policy consequences to governing.

Albertans will decide all of this in the next election. Staying home and not participating is not a viable option to sustain a robust democracy. My bet is if people are not happy the far right will go to the Alliance or the new Wildrose party if it gets enough signatures to forma party before the election. The left will go Green and the disenchanted middle will also park with the Greens as a way to send a message.

I will shortly post what I think that could mean for all the current political party leaders in the aftermath of the next election.

Tuesday, October 30, 2007

Lougheed Endorses Stelmach's Royalty Review Response.

The personal endorsement by Peter Lougheed of the Stelmach Royalty Review Response is a big step forward for our new Premier. Lougheed stepping up in support of the recent royalty announcement is significant. Lougheed is an influential voice all over the province and he comes from the small group of Alberta political leaders who have made such difficult decisions in the past. He knows how tough it is and his approval of Stelmach’s decision speaks volumes.

Lougheed has been openly advocating for a slow down of energy project approvals because of the damage they are inflicting due to the overheated pace of growth in Alberta. His big concerns have been damage socially and environmentally but also on fiscal pressures on the province and municipalities to meet the public infrastructure demands in this current pace of growth.

Lougheed’s advice and response is in sharp contrast to the warnings of former Premier Klein last month. Klein was commenting that the energy sector was not happy and therefore royalties were best left well enough alone. Stelmach wisely left that bit of advice alone.

So Lougheed has clarified one thing. Stelmach’s government is definitely not an extension of the Klein regime. There are some who think Stelmach's kindness, politeness and graciousness are shortcomings for the bloodsport of political leadership. They see him as still having the potential to be a Harry Strom, especially if he were to trip up in the pending election.

So what does this tell us about the governing philosophy of a Stelmach governed Alberta? To me it is more evidence of a Stelmach government embracing a progressive social political philosophy. He is about to engage in a more conservationist approach too as we shall see the roll out of some new environmental initiatives and the start up of an integrated land use management strategy.

The fact that a commitment to deal with homelessness as the follow up policy initiative right after the royalty decision is further proof of this shift away from the former neo-con fiscal and social policy agenda. Today in Alberta we have a spending problem due to a premium cost for public infrastructure in this over heated economy. We also now have a revenue problem too – as pointed out by the Auditor General.


Alberta's Auditor General Fred Dunn said some past Ministers of Energy were not collecting all of the energy royalties that were due - even in the old model. In fact those same Ministers of Energy seemed to be even uninterested in doing their duty of ensuring the appropriate royalty revenues due to Albertans were actually being realized.

I think that is about to change - big time - and we will see Premier Ed Stelmach as his own man and with his own style of leadership. Yes, he is not be the slick and polished veneer pre-packaged politician. He is not the product of the professional media trainers the mainstream media is so used to. Yes - he is no orator either...and while he can't "lift the words off the page," he has shown that he can bring clarity to complex issues like royalty regimes.

But no one can doubt Ed Stelmach’s capacity for caring, nor his compassion nor his sincere commitment to Alberta and her people. He is also different because his focus is not just the Alberta of today…or basking in the glory of an Alberta of yesterday. He has a much broader and longer vision of the province and how it should be governed.

Now the lingering question is – is Stelmach capable of doing the job of Premier to the satisfaction of Albertans? He has been on the job for 11 months already and that question is still being asked. Well my guess is we are about 100 days or so away from an election. Those 100 days is more than enough time for Albertans to come to know Ed Stelmach for who he is – as his own man and with his own style of leadership.

Once the election is called it will be up to Albertans to decide if Ed Stelmach can do the job of Premier – and if they want him to do that job. Remember campaigns matter and it is not how they start, but how they finish that really counts.

Besides, Peter Lougheed obviously likes him and that goes a long way in my books.

Tuesday, October 23, 2007

Some Thoughts From a Lougheed Cabinet Minister on Royalties

Yesterday I received an email from a friend and a former Lougheed Cabinet Minister. His observations on the royalty issues of 2007 compared to the same stuff in 1972, when Lougheed raised them are interesting. The observations and comparison are as follows:

“I submit four comments re: royalties -- First, the extent of change
recommended is barely half of what was done under Lougheed in the '70s -- so it should have been an easy and immediate decision for the Stelmach gov't. I think the recommendations are timid, so no deviation no doubt which way…is acceptable to me.

Second, if the Premier felt time was needed why the hell not have a "Committee of the Whole" public hearing in the Legislature -- exactly what was done in December 1972 (I was there). Then Big Oil could have its say, but to the public at the same time as the gov't, not behind closed doors; others had their say too, and many did.

Three, I don't think the energy industry problems are so much additional cost (which no one would like) but the uncertainty (which anyone making an investment hates).

Finally, Ed's big problem is that he failed to call a general election instead of those bye elections last summer. The Premier's moral authority is hobbled by still being the Klein gov't, though with someone else warming the chair.”

My friend sure has added more grist for the new and positive political mill that Alberta is quickly turning into. I like the idea of a “Committee of the Whole” but it is too late now...but who knows , we are going into a legislative session in early November, it could still happen!
If the “Our Fair Share” recommendations are “barely half of what Lougheed did, then it is arguable the “compromise” is already in the Royalty Review Report…that is my belief. I think Stelmach will enhance the Royalty Review recommendations to provide some ecological incentives as outline in the "Our Fair Share" in the "Afterward" comments.

I think Stelmach will redefine are reframe "the balance" beyond the industry seeking status quo and the Royalty Review recommendations to include social, environmental as well as economic concerns and a balance between short and long term approaches.

Certainty is certainly more critical than additional costs given that Alberta is still going to be in the most competitive half when it comes to royalty costs internationally. The fast we provide a long term stable governance structure that is not available in many other oil producing places and you don’t need a private army to protect you assets or you people seems to be lost in the cost comparisons.

As for the election call, I disagree. Ed doesn’t need and election now and he did not need to call one instead of the by-elections either.

One thing for sure is the response to the Royalty Review will be definitive for Premier Stelmach. The Stelmach government response is going to determine, in the public mind, if he is merely “warming the chair” for the continuation of the Ralph Klein government or is he his own man. My money is on the latter.

Thursday, September 20, 2007

Hunter Royalty Review Reaction Shows Some in the Oil Patch Just Don't Get It!

What is it that some oil executives and certain investments brokers in the oil patch do not understand about the natural resources belonging to Albertans? Based on media reported comments in the past two days, since the release of the Hunter Royalty Review Report, it appears that some of them don't understand anything around that reality.


The Hunter Royalty Review Report evidence indicates oil industry types seem to think that they are the one who control and dictate the provincial energy resource policies...from top to bottom. From some of the Hunter Royalty Review Report findings, it looks like that has essentially been the way things have been operating in the oil patch with the Klein government apparently just going along with it. I hope the former Premier and his Ministers of Energy will be able to prove to Albertans that this is not - and has not - been the case.

Someone in the Calgary-centric energy investment community is also reported as saying in an
E-mail to clients entitled “Caracas on the Bow River” that if the Hunter Royalty Review Report "is enacted investment decision will be impacted." Duh! Isn't that is what this is all about? The impact is about the appropriate rents and rates Albertans should get from granting a social licence to oil companies to operate in OUR resource base and who is most appropriate to be trusted to develop those resources. This broker claims the Hunter Royalty Review Report “…reads a bit like a Chavez-style manifesto.” Boy is this attitude off base and out of touch with reality.

Then we have news reports of some energy CEOs meeting in London calling for a new National Energy Program demanding an increased federal role in their industry. Interesting timing in the face of a royalty review don't you think?


It was the NEP that killed the Liberals in Alberta 25 years ago and the myths remain. If that were to ever be seen as a possibility then Peter Lougheed’s predictions of a constitutional crisis that would make the old NEP look like a picnic would actually come to pass. Harper needs to win Quebec and not lose Alberta in the process. It is not going to be smart politics for Harper to be revisiting the NEP of Trudeau times especially since he is an old-style Reformer at heart. Stranger things have happened. Harper has flip-flopped before - think Income Trusts!

The oil and gas industry, the Alberta Department of Energy and past Energy Ministers since 1995 have a lot of explaining to do about how they calculated, accounted for and ensured the right royalties have been paid. That reassurance is something that needs to be done in addition to settling the question of how the rates should change and how much they should increase.

Perhaps the Auditor General Report on Royalties due in mid October will shed some more light on this or at worst point to more clouded mystery of perpetually poor accountability that needs to be fixed.

In any event this situation will either lead to Stelmach's finest hour as Premier or his final hour as Premier. Everything is at stake. Stepping up to the plate and hoping to hit a single will not cut it.


Stelmach has to step up to the plate and point to the fence and then swing for a home run. Nothing less will do. Hunter has given him a perfect pitch with this report. Over to you Ed - and here is a tip - keep you eye on the ball!


All eyes in Alberta are soon going to be watching the Premier. They ready to cheer or boo - depending on how well he deals with this. No pressure Ed...it is just about good government and appropriate politics.

Friday, August 31, 2007

Wrap-Up of an Interesting Week

It and been an interesting week where issues posted in this Blog have changed and evolved.

Why Trust Harper?
Harper flaunts his campaign promise to set up a public appointments commission to take patronage and partisanship out of federal appointments (see Aug 30 post). This past week he rigs the Bank of Canada replacement process and follow that up with Conservative and former Mulroney MP and PEI Premier and loyal Harper election campaigner, Mr. Pat Binns as Ambassador to Ireland. Tacky Mr Prime Minister …very tacky!

Feds Face the Supreme Court on Allegations of Breach of Trust for First Nations.
The SCC has agreed to hear an appeal by a number of Bands over mismanagement and breach of trust over oil and gas revenues belonging to the from reserve lands. (See posting August 30).At least three actions are involved in this matter. By the time this get to court Harper will realize just how much he needs and misses Jim Prentice in these issues. Expect the new Ministers involved, the Hon. Chuck Strahl to make stupid comments any day now.

Harper’s Version of Ad-scam is Getting a Life of Its Own.
The Globe and Mail Editorial Board is writing today about this Harper hypocrisy and in the same context as our postings of August 29 and 30. This election advertising scheme and the litigious response by Harper is a crystallizing moment. He is going to pay in public trust and credibility. He has also abused volunteer campaign workers by putting some of them at least as parties to a law suit they did not even know was happening. Arrogance they name is Harper.

Peter Lougheed Predicts and Defines a New Alberta/Ottawa Jurisdictional Fight.
Citizens are looking for statesmen with courage, conviction and character and with a concern for the nation. Peter Lougheed and Preston Manning have emerged as those kinds of people (Brian Mulroney not so much). Expect the Lougheed speech to the Canadian Bar Association AGM this week to be a milestone in the evolving reality of and integration of the environment and the economy. If it turns into a pissing contest between Ottawa and Alberta we will all be the lesser for it.
It has been quite a week. I can't wait until the next one starts.

Monday, August 27, 2007

More on Peter Lougheed and the Looming Constitutional Crisis

I had the Peter Lougheed remarks to the recent Canadian Bar Association meeting taped off the recent CPAC broadcast and viewed it on the week end. I was right about the former Premier of Alberta’s capacity to frame an issue. Watching him you can see that he is a master communicator - and dead serious about his concern about the looming constitutional conflict he foresees.

He make no bones about the depth of his concern over a looming constitutional crisis between federal environmental law responsibility and Alberta’s constitutional right in the Constitution Act, Section 92(A) (1) (b) about

“ development, conservation and management of non-renewable natural resources and forestry resources in the province, including laws in relation to the rate of primary production therefrom."


See my earlier postings of August 15, and 17 for comments on his presentation for background and context on Mr. Lougheed's remarks and their implications.

I will have more to say on it later. In the meantime, we are seeking permission from CPAC to run it on Policy Channel. (http://www.policychannel.com/)

Wednesday, August 15, 2007

In Alberta Lougheed's Warnings Trump the Harper Cabinet Shuffle

The Federal Cabinet shuffle was announced yesterday and the same day Peter Lougheed stole the headlines from Harper, at least in Alberta and the Globe and Mail.

As for the Federal Cabinet, I defer to The Enlightened Savage and his analysis. Save for one point – Jim Prentice is going to have his hands full. Productivity and competitiveness will be two issues that will not be tackled in the time left before an election. However continental energy supply and Canadian-US relations will be a big issue for him to deal with.

With Maxime Bernier in Foreign Affairs and American angst over homeland security – and reliable energy supply security being a big part of that concern will give Minister Prentice plenty to chew on. I posted an Editorial on Policy Channel on this issue if you are interested.

As for Peter Lougheed, with his speech yesterday at the Canadian Bar Association annual meeting, he has now changed the political priority agenda in Alberta and has positioned our fed-prov dynamic in the most dramatic of terms.

Will the Harper government engage in an environmental battle with Alberta over oil sands development and trust the Supreme Court to decide the issue on a Reference. I do not think so. Will the trade-off between environmental concerns and growth of the oils sands cause a constitutional crisis 10 times bigger than the NEP? I don’t think so.

I will have more to say about Peter Lougheed’s speech and the implications and fall out in later postings – and after I have read the speech. One thing for sure – Lougheed’ speech, as reported, is going has made a huge difference in what Alberta will be about and how we will relate to the rest of Canada.

Saturday, April 21, 2007

Dion Wants the Court Challenges Program Back

Dion calls for the reinstatement of the Court Challenges program cut by the Harper Cons. Good for him.

The Cons say “why would the government fund people who want to challenge official government policy through the Courts?” They also say the Court Challenges Program was not much more than a pool of cash for lawyers to access to irritate the government. That seems to be the extent of the rationale for Harper to cut the program. It has been cut before, by the Mulroney government and later reinstated.

The fundamental reason to have the program is to enable differing opinions to challenge government policy based on law and its interpretation, not political whims as the Cons imply. It is a very worthwhile program and one that reflects a mature democracy, not the stern disciplinary “father knows best stance” and Harper “is your daddy” of the current federal Bush-like CPC government.

In the spirit of full disclosure I have been one of the lawyers who have accessed the Court Challenges “pool of cash” in order to fight a government policy. We acted on behalf of a group of Franco-Albertans who wanted to exercise their Section 23 Charter rights for a minority French language school in Alberta. This action was contrary to the stated policy of the Government of Alberta, under then Premier, Peter Lougheed.

Lougheed’s government was one of the most enlightened of the day but the animus towards bilingualism and the sense that “French was being shoved down or throats” was still alive in Alberta in those days. The obvious political position of the Alberta government was taken and they argued that there were not enough French speaking people to pass the “where number warrant” test in the legislation.

The Alberta government fought us all the way to the Supreme Court. Our client’s, who were ordinary citizens and not independently wealthy, could not afford to continue the battle without the aid of the Court Challenges program. I believe we got the last funds from the program just before Mulroney killed it.

The “where number warrant” test in the legislation is what the case turned on. How to prove you had enough French speaking people to warrant a minority language school system was a big legal challenge to be sure. What was the minimum number of minority French language speaking people in an area that was needed to justify a school?

We had a stroke of genius one day and thought the maximum test for sufficient numbers should be the same number of students as in the smallest English speaking school jurisdiction in Alberta. Eureka! We found a mainstream school jurisdiction under Alberta law in Waterton Lakes National Park that had only 23 students but they had an elected School Board, a Superintendent and a full blown delivery system for only 23 student.

BTW, the Supreme Court agreed with us and we won the case. The francophone school system in Alberta is now well established, highly respected and thriving all over the province.

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Thursday, February 01, 2007

Klein Criticizes Harper - Is There Trouble in Tory Land?

Small story in the Globe and Mail this morning where former Alberta Premier Ralph Klein has called on Prime Minister Harper to reverse his reversal and restore the income trusts.

Klein reportedly said "The problem with Stephen has with income trusts is that he didn't keep his word so that doesn't sit well with the Canadian public." He call on Harper to reverse himself again for "redemption." OUCH!

Klein still has a considerable amount of sway with the libertarians of the fiscal conservative variety. Is this an indication of even more erosion of the old Reform/Allinace base from Harper?

Good to see Ralph is not putting himself out to pasture nor going quietly into that political night. Lougheed and Manning have weighed in on the public policy agenda very effectively. I wonder how Ralph will fair in the elder statesman role compared to those gentlemen.