The Candice Malcolm Show - May 26, 2022


Why did Alberta Premier Jason Kenney get ousted?


Episode Stats

Length

35 minutes

Words per Minute

155.7629

Word Count

5,526

Sentence Count

295


Summary


Transcript

00:00:00.000 Alberta Premier Jason Kenney has announced his intention to resign as Premier and Leader of the United Conservative Party in Alberta.
00:00:07.460 So what is next for Conservatives in that province? I'm joined by Professor Ted Morton on the show to discuss.
00:00:12.880 I'm Candice Malcolm and this is The Candice Malcolm Show.
00:00:14.800 Hi everyone, thank you so much for tuning into the program.
00:00:30.420 So as you know, we covered the news event last week that Premier Jason Kenney has decided to step down after a leadership review that let's just say came in unfavorably for the Premier.
00:00:40.880 He seemed to be caught a little bit off guard as did the people around him and he did what I think was the honourable thing which is to step down to avoid future division in the party.
00:00:51.880 On the whole, I think it is a bad thing for Alberta that Jason Kenney did not succeed in this leadership review.
00:00:58.180 I don't agree with the idea behind the leadership review in the first place but as I disclosed on the show, I'm not exactly a neutral observer.
00:01:05.360 I once worked for Jason Kenney and he remains a friend but I can try to take a step back and give an analysis of why I think he managed to lose control and why he lost.
00:01:17.960 And I think it's important for Conservatives and for Canadians to understand those reasons and not to draw the wrong conclusions.
00:01:25.220 Unfortunately, I think a lot of what's going on in the media right now are people drawing the wrong conclusions saying that this was some kind of a populist uprising, that it was a bad kind of populism and sort of blaming the people for the fact that Jason is no longer the Premier of the province.
00:01:41.360 I think that the responsibility lands on the Premier's shoulders and on his desk, the people around him.
00:01:46.640 There were a number of shortcomings.
00:01:48.300 I think the way that they handled COVID was wrong.
00:01:50.640 I think the way that they communicated their policies wasn't the right way and I think that there are a lot of important lessons that should be learned for Conservatives going forward.
00:02:00.360 So as I mentioned, I wanted to bring in someone who is a very astute observer of all things Alberta, someone who's very knowledgeable on everything to do with Alberta.
00:02:09.600 I'm talking about Professor Ted Morton.
00:02:12.100 So Ted Morton is Professor Emeritus of Political Science at the University of Calgary.
00:02:15.580 He's a former progressive conservative member of the Legislative Assembly in Alberta, and he is the author of several books.
00:02:23.660 His latest book co-authored is called Moment of Truth, How to Think About the Future of Canadian Politics.
00:02:29.780 So Ted, thank you so much for joining the show.
00:02:32.560 Hello, Candace. Good to be with you again.
00:02:35.340 So let's just start off with the first obvious question.
00:02:38.100 What happened?
00:02:39.120 Why do you think that Jason Kenney lost the confidence of his party?
00:02:42.960 Well, there's no question that the COVID pandemic was the main reason.
00:02:50.180 I think most incumbents on both sides of the border had trouble dealing with it and striking a balance that was acceptable to the voters.
00:03:00.700 In Alberta, I think it was particularly hard for a conservative premier, given the composition of the United Conservative Party.
00:03:09.160 There's a large libertarian wing, which did not want the lockdowns.
00:03:15.620 There's also a large, I'd call it older urban wing, and older people, of course, were more vulnerable, who wanted more lockdown.
00:03:26.500 I think Jason tried to play it down the middle.
00:03:28.480 And normally in politics, playing down the middle is not a bad strategy.
00:03:33.060 But in this case, the middle was only about 20 or 30 percent, and the other 60 or 70 percent were on the two wings.
00:03:39.760 So it didn't work.
00:03:41.260 And he was dealt some pretty bad cards.
00:03:44.040 And a couple he didn't play very well, but it was, I think, most unfortunate.
00:03:48.820 Like you, I'm not neutral.
00:03:50.820 I'm an old friend of Jason's and was very happy to see him become the premier of Alberta.
00:03:55.240 Well, one of the things that I heard a lot from True North supporters in our audience was wondering why no one in Canada did what Ron DeSantis did, the governor of Florida, where he sort of just went against the conventional wisdom that was being pushed by the elites and said, you know, in Florida, we're going to do things differently.
00:04:14.500 We're not going to lock kids out of school.
00:04:16.960 We're not going to force people to wear masks.
00:04:18.420 And he just had a totally different approach.
00:04:20.020 I think a lot of conservatives in Canada wished that there was a premier in Canada that was willing to do that.
00:04:25.620 Jason Kenney seemed to potentially be well positioned to do that.
00:04:30.160 And at one point, there was some hope, right?
00:04:31.860 He came out really firmly against the idea of a vaccine passport.
00:04:36.080 This was back in July.
00:04:37.380 And then by September, he had changed his tune.
00:04:40.780 Florida also has an older than average population, a large elderly constituency.
00:04:46.000 And yet Ron DeSantis managed to sort of thread that needle more successfully.
00:04:51.800 Do you think that Jason was misguided in not trying to go down that path?
00:04:56.640 Or do you think that that would have not been a good strategy in Canada?
00:05:01.040 At least in Alberta, I think that would have backfired just as badly as going down the middle did for him in the cities.
00:05:08.220 And again, remember, Calgary and Edmonton, that's over half the population.
00:05:12.880 And then you have four or five other large cities, medium-sized cities that you're up to 85% of the population.
00:05:20.420 So it's not just Cowboy, Alberta.
00:05:24.640 It was very hard.
00:05:25.820 The lockdowns were very hard in the rural areas, in the small towns, because of their fewer services there to begin with.
00:05:32.920 And when they suddenly are locked down or restricted, it was very, very difficult.
00:05:37.220 And so there was a populist element to it.
00:05:40.060 But again, I think if you look at the political demographics of Alberta, there was no, there wasn't, the path that DeSantis took in Florida wasn't there for Jason.
00:05:51.700 So do you think that Alberta, I mean, it's interesting.
00:05:55.640 I noticed that you did an interview with the Calgary Herald.
00:05:58.240 You said that Kenny did what was best for the party in stepping down.
00:06:02.120 And you said that it kind of wipes the slate clean and that the prospects for the party are good.
00:06:07.920 I sort of saw the opposite because I see a party that's deeply divided, right?
00:06:11.580 You have 51% versus 48.5% on the other side.
00:06:15.520 I almost see the old divisions of the PC Wild Rose coming back out.
00:06:20.840 Do you think the party is going to stay united or do you think that it's going to fracture back along old lines?
00:06:29.140 I think the division was as much personal as ideological.
00:06:34.800 I said Jason drew some bad cards, but some of the cards he didn't play very well either.
00:06:40.400 And Jason's political skills and political style, I think, was developed and honed in Ottawa.
00:06:51.500 And a style that works in Ottawa doesn't work and did not work for him in Alberta.
00:06:59.660 And so I think the division was more personal than ideological.
00:07:04.600 I think the candidates, plus, hopefully for all of us, the pandemic is moving into the background, will no longer be front and center.
00:07:16.820 I mean, basically, Jason was only in office for less than a year when all of a sudden this happened and it pushed all the other issues off the agenda.
00:07:26.500 So, at least in the last 12 months, the Alberta budget is balanced again, investments coming back, employment's rising, a lot of positive things happening in Alberta, plus some interesting legislation passed by Jason, things that he promised to do and then followed through on those promises.
00:07:50.280 So I tend to be optimistic. I like to fish and hunt. Fishermen are always optimistic.
00:07:58.100 But I think a lot of the division was personal, and I think there will be positive things going forward and that the candidates, there'll be disagreements, but I'm optimistic.
00:08:10.960 One of the criticisms I've seen, even from conservative writers, is in the media, people coming out, people who are long critics of Jason Kenney first coming out saying, you know, we respect him and we like him.
00:08:25.340 But then on the other side, you have conservative analysts really pointing to the conservative base and saying that the problem was this populist spirit in Alberta, that Albertans are ungovernable, that the rise of the oppositional mindset is to blame.
00:08:41.780 I'm wondering if you subscribe to this idea that conservatives have become angry and oppositional and that's why he's come down.
00:08:52.420 Does any of the blame fall on the conservative base or would you prefer to push blame more towards Kenny himself and the people around him?
00:09:01.820 Well, that oppositionist mentality that you've just described is definitely there in the conservative side of Alberta, but I think it's a minority position.
00:09:14.920 And I don't think it will play a role in the leadership race, but I think any candidate that tries to focus, just cultivate that group will not be successful.
00:09:33.020 Right. I see what you're saying.
00:09:34.980 One of the other things that's interesting, I mean, you would never see a leadership review of a sitting government official in other parties, in other places in the country, like, you know, usually a leadership review would just be for a candidate who lost an election, not someone who brought in a historic majority government.
00:09:57.640 And so, you know, considering what Jason Kenney did to, you know, first unite the two, well, first become leader of the PPC party, vote, unite these two parties, then run again for the leader of that party, then run in a general election.
00:10:10.920 I mean, he did so much for conservatives and for the province of Alberta.
00:10:16.180 Even just the idea of why there would be a leadership review in the first place confuses a lot of people, especially in Ontario, who might not be super familiar with this sort of political culture in Alberta.
00:10:26.920 So I'm wondering if you could maybe help us understand why we were in this position where he was getting a review, even though he was a sitting premier with a majority government.
00:10:35.640 It's highly unusual, but it wouldn't have happened unless Jason agreed to it.
00:10:39.420 And I think Jason felt that it had just become the divisions, both within the party and within the caucus, that we've gotten to the point where it was becoming difficult to govern.
00:10:49.300 And he still has another year, the party has another year to govern.
00:10:52.760 So I think he hoped that he was optimistic.
00:10:55.580 He was surprised by the results.
00:10:57.560 I think he was quite confident that he'd be above 60%, which would be, it would have been enough to continue.
00:11:03.920 And that's what he wanted.
00:11:05.460 He was tired of all the kind of squawking and infighting.
00:11:10.500 He felt with 60% support rating, they could move forward.
00:11:15.720 And as I said, there are a lot of good things happening in Alberta right now.
00:11:20.220 He could take credit for that and be well positioned to win the next election.
00:11:24.160 Didn't happen.
00:11:25.360 It's too bad.
00:11:26.300 So what's the party left with?
00:11:28.580 I know Danielle Smith, the former leader of the Wildrose Party, has indicated she wants to run.
00:11:33.260 Brian Jean, another former leader of the Wildrose Party, has indicated that he wants to run.
00:11:37.440 What do you see happening with the party and its leadership at this point?
00:11:43.720 I think there'll be a pretty vigorous leadership race.
00:11:46.960 Those are the two obvious candidates.
00:11:49.400 But Minister Taves, the finance minister, I'm quite certain will be a candidate.
00:11:56.280 He's done a very good job under very difficult circumstances for the past three and a half years.
00:12:02.240 And he has a base and he he has the advantage of sort of avoiding the Calgary-Edmonton rivalries, not from either not from either city.
00:12:16.200 And so and there'll be some other candidates as well.
00:12:19.180 And so do you see whoever whoever wins, whichever sort of background they have, having the ability to keep this this party, this juggernaut of very different kinds of conservatives and different kinds of Albertans, rural, urban?
00:12:33.840 You know, there's there's there's lots written about the sort of changing demographics of Alberta.
00:12:37.960 Do you think that whoever the next leader will have will have a difficult time keeping this party together?
00:12:43.160 Well, I hope not. And I think not.
00:12:47.300 Maybe that's more hope than thought.
00:12:50.740 But I think, again, the the response to COVID and the pandemic was very, very difficult for I think any government is particularly difficult for a conservative government.
00:13:02.620 It was particularly difficult for an Alberta conservative government because of the tensions between the libertarian wing and the the well, certainly the older and more urban wing that wanted was hoping for protection from from lockdowns.
00:13:20.020 I think that's I think that's behind us now. Let's all hope it's behind us.
00:13:24.900 And so I'm optimistic that the candidates we've just identified could move past that, talk about the positive things they've done within Alberta in terms of renewing the economy, getting the budget under control,
00:13:40.760 but also pick up what Jason started, but then drop, which is the whole fair deal panel, the panel that he struck Albertan.
00:13:49.600 The we had the referendum on equalization, abolishing equalization last fall, over 60 percent voted for that.
00:13:57.680 But then nothing. Jason did nothing with it.
00:14:00.280 And I understand he felt that that it was not the right time because of COVID and public health issues.
00:14:07.700 If those are behind us, I'm I'm expecting what I'm certainly looking for in the leadership race or which one of these individuals will step forward and say, yes, I will pick up the the fair deal panel report.
00:14:24.480 The so-called Alberta agenda, which I was part of good grief almost 25 years ago.
00:14:31.140 So the inside joke is we're right. Our timing just was really bad.
00:14:35.860 So anyhow, I'm looking forward to that. And I actually think there's potential with the right leader to find allies in not just in Saskatchewan, but possibly British Columbia, and I hope in Ontario as well.
00:14:48.420 Another issue that Jason Kenney sort of spearheaded was the challenge to Bill C-69, the so-called no more pipelines bill that required all kinds of sociological reviews in order to get major infrastructures deals passed.
00:15:07.440 As we know that the Alberta court just ruled that it was unconstitutional, that'll probably get further challenged.
00:15:14.160 So do you think that Jason Kenney's departure will hurt this specific challenge and if it will hurt the energy sector more broadly?
00:15:24.960 Well, that's an important question, and there's no easy answer to that.
00:15:29.620 Very significant. The Alberta court of appeal, I think, was a four to one decision as well.
00:15:35.840 So strongly decision said this is simply a invasion of provincial jurisdiction and certainly in Alberta back when the Constitution Act was done in 1982 for Alberta Premier Peter Loughey,
00:15:52.480 but the other Western Premiers, but the other Western Premiers as well, and for Quebec, Section 92A, which very explicitly reasserts, reaffirms, and expands provincial control, provincial responsibility for the development of natural resources, that was central.
00:16:10.080 Now, while he and the others would not have agreed to the Charter of Rights and all that other, everything else that happened,
00:16:17.960 that if there had not been that very strong and explicit affirmation of provincial jurisdiction over the development of natural resources.
00:16:26.380 Now, since 2015 under Trudeau, that's been under constant attack, and very much to the detriment of the economies and the people and the families in Alberta and Saskatchewan.
00:16:39.900 Right now, because of the terrible things that have happened in the Ukraine and the global oil shortage, prices are up again, and so people are going back to work.
00:16:48.920 But again, I think that's a change that makes me optimistic, not for Alberta, but for Canada.
00:16:53.300 Suddenly, energy security is front and centre, not just for Canada and the United States, but for Western Europe, for the whole world.
00:17:01.140 And Canada, and specifically Alberta and Saskatchewan, are very well positioned to play a very important role in the energy security, the balancing of climate change concerns with energy security.
00:17:13.860 Energy security was completely ignored for the past decade, and we're paying the price for it now, particularly Europe's paying the price.
00:17:20.800 They're not going to forget this time, and so again, that's an opportunity, not just for Alberta, but I think for all of Canada, and I think conservative leaders, not just in Alberta, we are, conservatives are the party of opportunity, of free enterprise, and so forth.
00:17:39.400 So that's another reason I'm trying to be optimistic going forward.
00:17:45.620 Well, that's great.
00:17:46.420 I think you're right that energy security has come to the forefront, but I still feel a little sceptical of the idea that, you know, a government like the Trudeau government that would pass a bill like C-69, to me, that's a red flag to any investors.
00:17:57.800 I mean, you know that the people in charge have openly said, you know, they're all gathering at the World Economic Forum right now, talking about how they want to transition away from energy.
00:18:06.260 They don't want oil and gas to be a necessity in the future.
00:18:10.420 So if you're a company, why would you put your investment into building a project that may take five, ten years to get off the ground for a commodity that the government and officials and elites openly say they don't want anything to do with it,
00:18:26.880 and they're creating legislation to make sure that we're not reliant on it in the future.
00:18:33.160 Do you think that Canada can still attract investment?
00:18:36.980 Do you think that businesses, and I'm talking about big oil companies, would still be willing to come to Canada to build this kind of critical infrastructure, given the rhetoric that we still hear from the people in charge?
00:18:47.840 Well, we'll see.
00:18:49.240 And the question is, who are going to be the people in charge?
00:18:51.900 Unfortunately, we're probably stuck with Justin and his NDP friends now for another three and a half years.
00:19:00.100 That's bad.
00:19:00.860 But with new leadership out of Alberta, the possibility, it'll be interesting to see what, I'm assuming Ford is going to win in Ontario,
00:19:13.360 and that I would hope he would step forward on the energy file, because Ontario benefits very much from a strong Alberta, Western Canadian energy sector.
00:19:25.620 Even Quebec, you might have seen that, ironically, Premier Kenney and several of his ministers were in Washington just the week before the leadership review in front of a Senate energy committee.
00:19:38.860 But there were also representatives from Quebec there and the federal government talking about U.S.-Canada cooperation on the energy front.
00:19:49.320 And again, you know, there's 90% of the talk was about energy security.
00:19:54.840 Only 10% was about climate change and renewables.
00:19:58.020 So I think there's a new reality out there.
00:20:03.500 I think people have heard that everyone's hoping that that the woke will wake up right now that we've seen what's not just what's happened to the Ukraine,
00:20:13.560 but what the position that's put Europe in, where they're basically blackmailed by Russia because they've become dependent on Russian oil and gas.
00:20:24.920 We don't want, Canada doesn't want that, the U.S. doesn't want that, Western Europe doesn't want it, most of Asia doesn't want it.
00:20:31.740 So there's, what happened in the Ukraine isn't just going to affect the Ukraine, Russia, and Europe, it's going to affect the whole world.
00:20:40.960 And energy security is going to be front and center for at least the next decade, I think on a par with climate change.
00:20:47.500 And, well, we'll see.
00:20:48.980 In the end, voters will decide.
00:20:50.680 But with $5 gas, fertilizers at all-time high, wheat prices hit a new historical high last week, food is very expensive.
00:21:03.160 I think you could see a lot of political changes on both sides of the border in electing parties and leaders who are going to say energy security
00:21:12.160 and getting the price of energy back into affordable realm is a priority.
00:21:17.920 Absolutely, it should be.
00:21:18.900 Final question about Jason Kenney, and that is that I think when he was running for leader and he was trying to establish himself as someone who was firmly on the side of Albertans,
00:21:33.000 one of the things, the expectations that Albertans had was that he was really going to fight Justin Trudeau, he was going to demand more of a fair deal.
00:21:42.020 And I think people thought that there would be more of an adversarial relationship.
00:21:45.220 I think a lot of people in Alberta hoped that there would be more of an adversarial relationship.
00:21:48.900 That didn't really come to fruition.
00:21:51.020 I think Jason tried to be much more diplomatic to Trudeau, and I think that angered many conservatives.
00:21:56.940 I'm wondering if you can comment on whether you think that was a strategic mistake
00:22:00.840 and whether you think that Kenney was able to have an influence on Trudeau sort of behind the scenes.
00:22:06.400 No, I think you're absolutely right that his, the fact that he did not follow through on the, not just the campaign promises, he started.
00:22:18.420 I mean, fair deal panel, that was the follow through.
00:22:21.440 But then nothing happened after the fair deal panel.
00:22:24.080 We did have the referendum on equalization.
00:22:25.940 But then that was a card that certainly I expected him and many others expected him to play in Ottawa.
00:22:32.440 We didn't hear anything about that after October.
00:22:35.300 So, yes, that contributed to his unpopularity among a large sector of the Conservative Party.
00:22:47.660 But again, he was dealt a pretty, he dealt some bad cards.
00:22:51.400 If he had continued down that path on the fair deal and those issues, provincial policing, pension plan and all of that, in the middle of COVID, that would not have played well, I think, certainly in the urban areas.
00:23:07.500 So, again, my optimism is that with that issue now off to the side, the next leader with strong support from Alberta and strong support from other parts of Canada is going to make energy security a key issue.
00:23:24.860 And remember, Alberta has, Canada has the third largest reserves in the world.
00:23:29.340 And the first and second are in places that nobody wants to do business with and certainly wouldn't be their first choice to do business with OPEC in the Middle East.
00:23:42.300 That's a good point as well.
00:23:43.900 You mentioned a few minutes ago about how you don't think that people in Alberta, Premier, former Premier Lougheed, would have even signed on to the charter had they known some of the things that were going to play out.
00:23:56.480 But you had a pretty devastating piece in the National Post a few weeks ago about the charter.
00:24:01.440 We know that we just celebrated the 40th anniversary.
00:24:04.480 And I wanted to ask you about it while I have you.
00:24:08.000 You wrote, after 40 years, the charter is still one of the worst bargains in Canadian history.
00:24:13.000 So I'm wondering if you can explain to the viewers why you don't have a lot of faith in that document.
00:24:19.660 I think one of the cornerstones of Canada is our federal structure, which allows, we're this huge country, 10 different provinces plus the territories, huge, huge country, relatively small population.
00:24:38.620 And the provinces are all different.
00:24:42.060 And the question is, you know, do you want to be governed by people who live and work in your province, who go to the capital?
00:24:49.820 Or do you want to be governed by people that you've never heard of, they've never heard of you, they live in Ottawa, again, at the risk of being politically incorrect, at least for those of us in the West, everybody in Ottawa, in the bureaucracy there is bilingual.
00:25:02.600 We're not very bilingual out West, federalism, the ability for the different provinces to be self-governing, I think, has been a big part of the success of Canada.
00:25:16.160 The charter changed that.
00:25:18.160 And Trudeau did it on purpose, that he brought in a set of new rules enforced by, ultimately by one body, the Supreme Court of Canada,
00:25:28.440 which the Prime Minister gets to make all the appointments to, six of the nine judges come, three from Quebec, three from Ontario, appointed by the Prime Minister.
00:25:39.820 They make the rules now.
00:25:42.040 And now, you know, I was around in the 80s when this happened.
00:25:46.640 Historically, the Supreme Court of Canada avoided policymaking and judicial activism.
00:25:51.700 There was a deference to the elected governments, but that all changed in the first decade.
00:25:56.480 It hasn't stopped now.
00:25:58.540 So, in effect, what the charter has become is what I said in the piece, that is disallowance in disguise.
00:26:07.620 Remember, again, at Confederation in 1867, the MacDonald wing of the founders wanted a much, much stronger central government.
00:26:17.380 And they gave these powers of disallowance and reservation to the federal government.
00:26:21.920 Within 30 years, those fell into disuse because they were simply inconsistent with the nature of Canada, our diversity, our size, and everything else.
00:26:32.740 And so this ability for Ottawa to reach out and veto provincial legislation they don't like was taken away.
00:26:40.240 Unfortunately, the charter has brought that back because the judges have interpreted the charter in such a loose way they can basically get any conclusion they want out of almost every charter case.
00:26:54.660 And, of course, then there's the court challenges program, which I mentioned, which funds the groups that liberals like, who want legislation, liberal legislation.
00:27:04.660 To Stephen Harper's credit, he defunded.
00:27:07.720 He stopped funding the court challenges program.
00:27:09.840 But as soon as Trudeau came back in, he started the funding again.
00:27:13.980 So the liberals fund the groups on the left, the woke group, the identity politics people, the people who can't win, can't win these political victories through elections, provincially.
00:27:29.160 But the court challenges program gives them the money, they go to the court, they go to the Supreme Court, Supreme Court has been appointed by prime ministers, and they get the policy result they want.
00:27:40.820 So from a point of view of federalism, it's really disallowance and disguise, and it's been, again, a really bad deal for those of us who think that all Canadians are best served.
00:27:54.560 If the decisions we have to live with are made by people in the provincial capital, who come from our neighborhoods, who understand our problems, who know about, you know, shortage of schools, water issues, traffic issues, employment issues, job issues, housing issues, not people in Ottawa, who certainly, again, out West, people who've never even been out West.
00:28:19.480 They're, and I'm including in this, both the bureaucrats, and the Supreme Court judges.
00:28:28.400 That's, Canada did better before that, I think we can do better again, and I'm hoping with, well, we haven't talked about the federal leadership race, Conservative Party leader, but I'm certainly hoping some of the candidates there will embrace the idea of a more decentralized Canada going forward.
00:28:49.480 Well, so I recently had Brian Peckford on the show, and he was obviously one of the signatories, a former premier of Newfoundland, and he criticized your piece in the National Post with a letter to the editor.
00:29:03.260 And the argument that he made on the show, I don't want to misquote him or anything, but he basically said that the letter of the charter, the words written in the charter are not being properly applied at this point.
00:29:15.180 He pointed out a few key phrases that he felt were being, that the reason that the charter is sort of in disarray and it's not upholding our liberties in the way it should is because of the lack of adherence to what was intended in the charter.
00:29:32.160 And you talked about it in your piece a little bit about how the federal cabinet chooses the Supreme Court, you know, you mentioned how these Supreme Court justices don't understand Alberta, many of them haven't even been to Alberta.
00:29:43.180 In the U.S., there's a culture of, you know, a Republican president specifically appointing Conservative judges who will have a more literal reading of the Constitution to ensure that the Conservative values are upheld.
00:29:58.020 You know, you mentioned Stephen Harper and how he eliminated this program and Trudeau brought it back in.
00:30:03.480 One of the criticisms I have heard of Harper is that he didn't appoint Conservative justices and that if we had that culture of making sure that the people that Conservative governments appoint to the bench are going to have a more literal reading of the charter, it might be better the charter itself isn't that bad.
00:30:20.520 It's just the way it's been interpreted. I wonder if you can comment on that.
00:30:23.240 I think one weakness of the Harper decade was that he did not use to full advantage his appointment power of the Supreme Court.
00:30:35.140 And there's some explanations for that.
00:30:37.340 More generally, back to Peckford's letter, he's right.
00:30:43.940 The premiers, the provincial premiers, of which he was an important player, they put in the notwithstanding clause.
00:30:50.620 The notwithstanding clause allows the provincial government or the federal government to say if the court makes a decision striking down one of their laws, that they think the decision is either wrong as a matter of legal interpretation or an unacceptable policy.
00:31:05.080 You use the notwithstanding clause, you use the notwithstanding clause and the decision still rests with the provincial government.
00:31:10.860 But that was there, Section 92A, not in the charter, but also part of the package, provincial control over natural resource.
00:31:23.420 That's all there.
00:31:24.360 But it's been watered down and distorted by, I would argue, I would agree with him, judicial misinterpretation.
00:31:33.420 So I guess you could say he's right that what happened, what's happened in the 40 years since 1982 is because of misinterpretation.
00:31:44.840 But I guess my comeback would be, yeah, that's the reality we're living with and it's been bad.
00:31:50.660 And going forward, we have to deal with that reality and fight to change it and get back to different types of judges on the court.
00:32:01.740 We haven't talked about that.
00:32:02.840 But also provincial premiers that, and hopefully a prime minister, doesn't think all, every problem has to be solved in Ottawa.
00:32:13.980 You know, the one size fits all approach that the liberals and the NDP seem to like.
00:32:19.520 Right, Ted.
00:32:20.280 Well, I appreciate your time.
00:32:21.120 Final question for you since you mentioned it.
00:32:22.980 What are your thoughts on the conservative leadership race?
00:32:25.460 As an Albertan, do you feel like Alberta issues are being properly addressed?
00:32:30.260 And do you have hope with this batch of candidates that one of them will be able to be Justin Trudeau?
00:32:36.040 I'd like to think so.
00:32:37.440 I think it would be no surprise to you or your listeners that my favorite is Pierre.
00:32:44.860 I've known him for a long time and have appreciated his outspokenness as a member of parliament.
00:32:52.600 And so I'll be supporting him in the leadership campaign as well.
00:32:58.120 But I think he'll be a voice for energy security.
00:33:01.920 I think they all will.
00:33:03.020 I don't think that I'd be surprised if only Pierre is strong on that issue.
00:33:11.480 And I think provincial elections, federal elections, both sides of the border, Europe.
00:33:19.080 I think, remember, voters are also consumers and homeowners and house buyers.
00:33:25.620 And right now, consumers are getting hosed badly, particularly your generation, the younger generation.
00:33:32.260 People like me, hell, I get a CPP check now.
00:33:35.100 I got a pension.
00:33:36.020 You know, I'm OK.
00:33:37.560 And I bought a house, you know, for under $150,000 in Calgary in 1982.
00:33:44.680 I sold it three years ago for almost a million dollars.
00:33:48.800 So voters are consumers and particularly your generation, I'm optimistic, are going to say,
00:33:55.640 what party is going to build a stronger, more reliable, forward-looking economy for myself and my kids?
00:34:03.340 And I'd like to think that's going to be a conservative, United Conservative Party and Alberta and the Conservative Party of Canada in Ottawa.
00:34:14.140 OK.
00:34:14.680 Well, hopefully with Pierre, but I'll support whoever wins.
00:34:19.320 Well, I think that's a very optimistic tone to leave the interview on, Ted.
00:34:24.180 I really appreciate your time.
00:34:24.960 I forgot to mention you're the former Minister of Energy in Alberta and the former Finance Minister as well.
00:34:30.640 So we really appreciate your time.
00:34:32.340 I have all the scars to show for it.
00:34:36.440 Live to tell about it.
00:34:37.860 All right.
00:34:38.200 That's Dr. Ted Morton.
00:34:39.220 Thank you so much for joining us.
00:34:40.440 I'm Candice Malcolm.
00:34:41.180 And this is The Candice Malcolm Show.
00:34:42.420 Thank you.
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