Recall laws are not common in Canada, with Alberta’s new law being only the second example:
The Recall Act, which was part of a 2019 UCP platform pledge to “strengthen democracy and accountability in Alberta” mirrors the terms of the recall law enacted in B.C. after the 1991 election that swept a scandal-plagued Social Credit party out of power (and, a few years later, out of existence). Like Alberta’s law, the B.C. law requires the signatures of 40 per cent of eligible voters in a constituency gathered within a 60-day period to trigger a by-election. In B.C., this barrier has not yet been cleared despite 26 recall initiatives (although, in a few cases, politicians have resigned rather than fight).
Recall laws are not unique to Canada. The United Kingdom has had recall legislation since 2015, but it differs from the Alberta and B.C. laws in that it is triggered not by disgruntled voters but by MP wrongdoing, including being convicted of expense fraud, suspended from the House of Commons or sentenced to prison. Despite this extra requirement, the apparent criminal propensity of U.K. politicians plus a low threshold of 10 per cent of voters to trigger a by-election mean that the law has already been used successfully twice.
You may also remember the California vote last summer, in which the oleaginous Governor Gavin Newsom comfortably survived a state-wide recall. After some early uncertainty, California’s fit of popular pique ended in exactly the same place as the gubernatorial election three years earlier — literally, to the decimal place — with 61.9 per cent support for Newsom. After 18 months and half a billion dollars, all the process proved was that the period of appointed military governors from 1847-1850 remains the high-water mark for good governance in California.
The argument against recalls starts with the fact that they bear the same relationship to democracy that a mulligan does to the rules of golf. We already have regular elections to vote out unpopular politicians. A recall is for people who can’t wait four years to admit their own mistake. It is an impetuous power for impatient people. Besides, voting the bums out is the chief joy of democracy — surely we can wait a few years to savour the moment.
Some elected politicians are unworthy of the trust placed in them. But that is our fault as voters. Venting our frustrations at the people we elected is a cop out. Mencken infamously wrote that “Democracy is the theory that the common people know what they want, and deserve to get it good and hard.” He was right. In an hereditary aristocracy, you can blame the bad luck of the genetic lottery, and in an autocracy you can fume about the injustice of might making right. But in a democracy, we have no one to blame but ourselves. We voted ’em in, and now we deserve to get it good and hard … for four years at least.
