Alberta Senate nominee elections

The Senate chamber.

Alberta was, between 1989 and 2012, the only Canadian province to elect nominees for appointment to the Senate of Canada in a process known as an Alberta Senate nominee election. These elections were non-binding, as the appointment of Senators remained the responsibility of the Governor General of Canada on the advice of the Prime Minister. The process ultimately resulted in ten elected nominees, five of whom were appointed to the Senate.

The elections were held under the auspices of the Alberta's Senatorial Selection Act of 1987, which was passed in response to a proposal under the Meech Lake Accord that would have required the federal government to appoint Senators from lists provided by provincial governments. The Act expired in 2016.

History

After the failure of the Meech Lake and subsequent Charlottetown Accords, the federal government continued its traditional practice of appointing senators of its own volition. In 1998, the federal government of Prime Minister Jean Chrétien filled two vacancies in Alberta before an election could be held. The pro-Senate reform government of Ralph Klein amended the act in 1998 to hold elections for Senate nominees in advance of vacancies.

The amended Senatorial Selection Act required the government to predict how many Alberta vacancies may exist in the Senate (due to the mandatory retirement of Senators at the age of 75) in the next six years. From 1998 onward, Senate nominees were elected for six-year terms as a protest to push for Senate reform. Whenever a vacancy arises in the Senate from Alberta, the Alberta government formally requested that the Prime Minister advise the Governor General to appoint the nominee.

In May 2008, the government of Saskatchewan announced plans to hold similar elections,^[1] passing a law allowing for elections the following year. However, in 2013 the province abandoned its plans before holding any such elections, repealing the law and instead calling for the Senate to be abolished.^[2]

The New Democratic Party formed government in Alberta after the 2015 election, and due to its long-standing policy supporting Senate abolition, allowed the Senatorial Selection Act to expire in 2016.^[3] The Trudeau government also formalized a new selection process for the Senate, which does not allow for provinces to elect senators.^[4]

Participation

No political party contested all four of Alberta's Senate nominee elections. In 1989 and 1998, all of the seats up for election were won by the Reform Party of Alberta, a provincial counterpart to the Reform Party of Canada which was set up solely to run candidates in Senate nominee elections. It disbanded in 2004.

The candidate of the governing Progressive Conservatives, Bert Brown, placed third in the inaugural election in 1989. This led the party to tacitly endorse the Reform candidates in 1998 rather than field its own. However, Progressive Conservatives would win most of the seats up for election in 2004 and 2012.

Although the Alberta Liberal Party did run a candidate in the 1989 Senatorial election when an appointment was guaranteed, it refused to run any candidates in the 1998 and 2004 elections because that would have contradicted the policy of its federal counterpart. The Alberta New Democrats have never supported or contested Senate elections and refused to run candidates in this election – the federal NDP consistently called for the Senate's complete abolition.^[5]

The Alberta Alliance and its successor, the Wildrose Party, contested the 2004 and 2012 elections, but failed to win any seats.

All four elections were contested by independent candidates, with Link Byfield winning the last Senator-in-waiting seat up for grabs in 2004 (although he was never appointed to the Senate). The 2012 nominee election was also contested by one candidate from the Evergreen Party of Alberta.

Debate and controversies

Senate reform is popular in Western Canada, where the provinces are under-represented in the House of Commons due to representation by population. However, nationally, Alberta's Senate elections are controversial.

Although Stan Waters, elected in the first Senate election of 1989, was appointed to the Senate by then-Governor General Ray Hnatyshyn, on the advice of Prime Minister Brian Mulroney, in 1990, subsequently elected Senate nominees were not appointed until 2007 when another Conservative government was in power. Waters died in September 1991 and was replaced with the unelected Ron Ghitter, who wasn't even running in the Senate election, meaning an elected senator sat for only 15 months. Moreover, former Prime Minister Paul Martin said he would not recommend for appointment any nominees elected in this fashion because he does not support "piecemeal" Senate reform. Detractors of the Senate nominee election argue that it is a waste of time and money without federal co-operation, although proponents blame federal arrogance for causing the Senate elections to seem useless and argue that Alberta should be given credit for embarrassing the prime minister and refusing to allow the issue of Senate reform to be relegated to the back-burner. The cost of the election is estimated at $3 million by the Albertan government.

In 2004, Bert Brown, Betty Unger and Cliff Breitkreuz, nominated by the Progressive Conservatives, and Link Byfield, an independent, won the election. The federal Liberal government then in office vowed to ignore the results.

All six incumbents initially rejected calls to resign in order to make room for an "elected" appointment.

Former Canadian prime minister Stephen Harper supported the election of Senators. On April 17, 2007, veteran Liberal Senator Dan Hays announced he would retire from the Senate by the end of June. The next day, Harper announced that Bert Brown would fill Hays' seat.^[6]

Then-Premier Ed Stelmach announced on April 29, 2010, that it was extending the terms of the three senators-in-waiting elected in 2004 beyond November 22, 2010, to December 2, 2013, unless elections were called earlier.^[7] The Government said the move would save Albertans the cost of the election.^[8] The announcement came two days after the federal government introduced Senate election legislation and urged the other provinces to follow Alberta's lead in Senate reform.^[9] Reaction from the incumbent senators-in-waiting was mixed. Independent Link Byfield panned the decision and has stated he would refuse an appointment without a new mandate. Betty Unger stated the term limits should be respected and fresh elections should be called that fall,^[9] though she was ultimately appointed without new elections in 2012. All three incumbents and other pundits agreed that the move was made to help the Progressive Conservatives avoid an election loss to the Wildrose Alliance.^[9]

Senate nominee election results

Nominees elected

Election	Nominee	Nominating party		Appointed	Senate caucus		Served until
1989	Stan Waters		Reform	Y Jun 11, 1990		Reform	Sept 25, 1991
1998	Bert Brown		Reform	N
	Ted Morton		Reform	N
2004	Bert Brown		Progressive Conservative	Y Jul 10, 2007		Conservative	Mar 22, 2013
	Betty Unger		Progressive Conservative	Y Jan 6, 2012		Conservative	Aug 20, 2018
	Cliff Breitkreuz		Progressive Conservative	N
	Link Byfield		Independent	N
2012	Doug Black		Progressive Conservative	Y Jan 25, 2013		Conservative (2013-2016)	Incumbent
						Independent (2016–present)
	Scott Tannas		Progressive Conservative	Y Mar 25, 2013		Conservative	Incumbent
	Mike Shaikh		Progressive Conservative	N

References

External links

• Alberta Department of Intergovernmental, International and Aboriginal Relations - Senate Nominee Elections
• Elections Alberta - Senate Nominee Results