8th Alberta Legislature

8th Alberta Legislature
Majority parliament
6 February 1936 – 16 February 1940
Parliament leaders
Premier	William Aberhart September 3, 1935 – May 23, 1943
Cabinet	Aberhart cabinet
Party caucuses
Government	Social Credit Party of Alberta
Opposition	Liberal Party
Crossbench	Conservative Party
Legislative Assembly
Speaker of the Assembly	Nathan Eldon Tanner February 6, 1936 – January 4, 1937
	Peter Dawson February 25, 1937 – March 24, 1963
Members	63 MLA seats
Sovereign
Monarch	Edward VIII January 20, 1936 – December 11, 1936
	George VI December 11, 1936 – February 8, 1952
Lieutenant Governor	Hon. William L. Walsh May 5, 1931 – October 1, 1936
	Hon. Philip Carteret Hill Primrose October 1, 1936 – March 17, 1937
	Hon. John Campbell Bowen March 23, 1937 – February 1, 1950
Sessions
1st Session February 6, 1936 – April 7, 1936
2nd Session August 25, 1936 – September 1, 1936
3rd Session February 25, 1937 – June 17, 1937
4th Session August 3, 1937 – August 6, 1937
5th Session September 24, 1937 – October 5, 1937
6th Session February 10, 1938 – April 8, 1938
7th Session November 15, 1938 – November 22, 1938
<7th 9th>

The 8th Alberta Legislative Assembly was in session from February 6, 1936, to February 16, 1940, with the membership of the assembly determined by the results of the 1935 Alberta general election held on August 22, 1935. The Legislature officially resumed on February 6, 1936, and continued until the ninth session was prorogued and dissolved on February 16, 1940, prior to the 1940 Alberta general election. ^[1]

Alberta's sixth government was controlled by the majority Social Credit Party of Alberta for the first time, led by Premier William Aberhart. There was no Official Opposition in Alberta between 1926 and 1941 due to the Independent Movement which saw a majority of non-UFA candidates elected as independents. The Speaker was Nathan Eldon Tanner who would resign in 1937 and be replaced by Peter Dawson.

The previous government formed by United Farmers of Alberta would lose every seat in the 1935 election following the John Edward Brownlee sex scandal, and the upstart Social Credit dynasty would begin.

1937 Social Credit backbenchers' revolt

Main article: 1937 Social Credit backbenchers' revolt

The Social Credit backbenchers' revolt was a rebellion against Premier William Aberhart by a group of backbench (not part of the cabinet) members of the Legislative Assembly (MLAs) from his Social Credit League during the third session. The dissidents were unhappy with Aberhart's failure to provide Albertans with Can$25 monthly dividends through social credit as he had promised before his 1935 election. When the government's 1937 budget made no move to implement the dividends, many MLAs revolted openly and threatened to defeat the government in a confidence vote.

The revolt took place in a period of turmoil for Aberhart and his government: besides the dissident backbenchers, half of the cabinet resigned or was fired over a period of less than a year. Aberhart also faced criticism for planning to attend the coronation of George VI at the province's expense and for stifling a recall attempt against him by the voters of his constituency.

After a stormy debate in which the survival of the government was called into question, a compromise was reached whereby Aberhart's government relinquished considerable power to a committee of backbenchers. This committee, dominated by insurgents, recruited two British social credit experts to come to Alberta and advise on the implementation of social credit. Among the experts' first moves was to require a loyalty pledge from Social Credit MLAs. Almost all signed, thus ending the crisis, though most of the legislation the experts proposed was ultimately disallowed or struck down as unconstitutional.

Bills

Reduction and Settlement of Debts Act

The Reduction and Settlement of Debts Act (Bill 15) ^[2] was the first controversial bills passed during the 8th Legislature under the Social Credit government occurred during the second session in 1936. The Bill originally titled An Act to Provide for the Reduction and Settlement of Certain Indebtedness sought to eliminate compound interest on debts, make Foreclosures on farms and homes increasingly difficult, and restrict the ability for municipalities to seize land for property tax arrears. ^[3] Lieutenant Governor William L. Walsh expressed concerns over the bills “ruthless” way that the Act proposed to deal with the rights of creditors. Walsh provided the Premier with three options: delay the bill until the next session, send the legislation for review to the Supreme Court of Alberta or do nothing in which case the Lieutenant Governor would likely withhold Royal Assent of the bill. The government chose to send the bill for review by the Supreme Court of Alberta and in February 1937, Justice Albert Ewing of the Supreme Court of Alberta ruled the Reduction and Settlement of Debts Act unconstitutional. ^[4] The government appealed the decision but those appeals were unsuccessful. ^[5]

Accurate News and Information Act

Main article: Accurate News and Information Act

The Accurate News and Information Act, introduced as An Act to ensure the Publication of Accurate News and Information was a statute introduced by Provincial Treasurer Solon Earl Low and passed by the Legislative Assembly of Alberta in the fifth session of the Eighth Legislature on October 4, 1937, at the instigation of William Aberhart's Social Credit government. It would have required newspapers to print "clarifications" of stories that a committee of Social Credit legislators deemed inaccurate, and to reveal their sources on demand.

The act was a result of the stormy relationship between Aberhart and the press, which dated to before the 1935 election, in which the Social Credit League was elected to government. Virtually all of Alberta's newspapers—especially the Calgary Herald —were critical of Social Credit, as were a number of publications from elsewhere in Canada. Even the American media had greeted Aberhart's election with derision.

Though the act won easy passage through the Social Credit-dominated legislature, Lieutenant-Governor of Alberta John C. Bowen reserved royal assent until the Supreme Court of Canada evaluated the act's legality. In 1938's Reference re Alberta Statutes , the court found that it was unconstitutional, and it never became law.

Métis Population Betterment Act

Main article: Métis Population Betterment Act

The Métis Population Betterment Act (Bill 6) ^[6] was a statute passed by the Legislative Assembly of Alberta in the seventh session in 1938 that created a committee of members of the Métis and the government to plot out lands for allocation to the Métis. Twelve areas were mapped out for this purpose, with the idea of creating ongoing cooperation between the Métis and Crown representatives toward the improvement of quality of life for the Métis. It came to light that certain lands given to the Métis were insufficient to create a living for the people placed there, and these settlements were rescinded. By 1960, only eight of the original lands were still in the hands of the Métis.

The Act came as a result of the findings of the Royal Commission on the Condition of the Halfbreed Population of the Province of Alberta (Ewing Commission) chaired by Justice Albert Ewing and included members James McCrie Douglas and Dr. Edward A. Brathwaite. The Commission recommended that Alberta's Métis should have land reservations for farming colonies/settlements, homes, and schools. Additionally, in recognition that the Métis were the original inhabitants of the proposed land allotments, the Commission acknowledged group rights and acknowledged that settlement Métis should have preference over nonresidents in harvesting fish, fur, and game. ^[7]

The Recall Act

As part of Aberhart's mandate, the Social Credit government sought to bring recall petitions to Alberta. The Speech from the Throne on February 6, 1936 included a statement promising the government would introduce recall provisions for Members of the Legislative Assembly. ^[8] On March 13, 1936, Provincial Secretary Ernest Manning introduced An Act providing for the Recall of Members of the Legislative Assembly (Bill 76) and subsequently passed third reading on April 3, 1936. ^{[9] [10]}

Recall did not last long in Alberta, by the fifth session in 1937 a recall petition had started against Premier William Aberhart and members of the opposition unsuccessfully introduced motions in the house to reduce the percentage of the electorate required to successfully recall a MLA. On September 30, 1937 backbench MLA Ernest Duke introduced An Act to repeal The Legislative Assembly (Recall) Act (Bill 11). ^{[11] [12]} The bill passed on October 5, 1937, and was retroactive to invalidate any previous recall activities, protecting Premier Aberhart from the active recall activities in his constituency. ^[13]

Composition at election

Number of members per party by date		1935				1936				1937							1938			1939		1940
		Aug 22	Oct 5	Oct 8	Nov 4	Mar 2	Jun 22	Sep 7	Dec 7	?	May 1	?	Aug 9	Oct 7	Sep 2	Dec 2	?	?	Nov 7	Apr 2	Jul 19	Feb 5	?	?
	Social Credit	56	55	54	56					55	54		53		52		51	50	51	50	49		48	47
	Liberal	5				4	5	4	5			4		5		6
	Conservative	2
	Independent	0								1	2		3
	Independent Social Credit	0																1				0
	Independent Progressive	0																			1	2	3	4
	Total members	63	62	61	63	62	63	62	63			62		63	62	63	62		63	62
	Vacant	0	1	2	0	1	0	1	0			1		0	1	0	1		0	1
	Government Majority	49	48	47	49	50	49	50	49	47	45	46	44	43	42	41	40	38	39	38	36		34	32

Membership changes in the 8th Assembly
	Date	Member Name	District	Party	Reason
	August 22, 1935	See List of Members			Election day of the 8th Alberta general election
	October 5, 1935	William Morrison	Okotoks-High River	Social Credit	Resigned to make room for the Premier. [14]
	October 8, 1935	Clarence Tade	Athabasca	Social Credit	Resigned to make room for a cabinet minister. [15]
	November 4, 1935	William Aberhart	Okotoks-High River	Social Credit	Acclaimed in a by-election
	November 4, 1935	Charles Ross	Athabasca	Social Credit	Acclaimed in a by-election
	March 2, 1936	William Howson	Edmonton	Liberal	Appointed to the Supreme Court of Alberta [16]
	June 22, 1936	Walter Morrish	Edmonton	Liberal	Elected in a by-election
	September 7, 1936	Leonidas Giroux	Grouard	Liberal	Died with an undisclosed illness at Mayo Clinic. [17]
	December 7, 1936	Joseph Tremblay	Grouard	Liberal	Elected in a by-election
	?	James Hansen	Taber	Independent
	May 1, 1937	William Chant	Camrose	Independent	Forced out of Ministerial position by Order in Council. [18]
	1937	George Van Allen	Edmonton	Liberal	Died
	August 9, 1937	John Hugill	Calgary	Independent	Resigned as Attorney General and sits as an Independent
	October 7, 1937	Edward Gray	Edmonton	Liberal	Elected in a by-election
	September 2, 1937	Hans Wight	Lethbridge	Social Credit	Resigned seat to accept private sector job. [19]
	December 2, 1937	Peter Campbell	Lethbridge	Unity	Elected in a by-election
	1938	Charles Ross	Athabasca	Social Credit	Died
	< March 1938	Samuel Barnes	Edmonton	Independent Social Credit	Left the Social Credit caucus
	November 7, 1938	Clarence Tade	Athabasca	Social Credit	Elected in a by-election
	April 2, 1939	William Hayes	Stony Plain	Social Credit	Died from heart seizure.
	July 19, 1939	Alban MacLellan	Innisfail	Independent Progressive	Nominated as an Independent Progressive candidate [20]
	February 5, 1940	Samuel Barnes	Edmonton	Independent Progressive	Picked as President of the Independent Progressives [21]
	?	Charles Cockroft	Stettler	Independent Progressive	Joined the Independent Progressives
	September 24, 1937	William Chant	Camrose	Independent Progressive	Joined the Independent Progressives [22]

References

1. Perry, Sandra E.; Footz, Valerie L. (2006). Massolin, Philip A. (ed.). A Higher Duty: Speakers of the Legislative Assemblies. Edmonton, AB: Legislative Assembly of Alberta. p. 496. ISBN   0-9689217-3-6 . Retrieved August 9, 2020.
2. An Act to Provide for the Reduction and Settlement of Certain Indebtedness , SA 1936(2), c 2, CanLII retrieved on 2020-08-14
3. Dawe, Michael (May 27, 2020). "Michael Dawe: Great Depression teaches us the lessons of debt relief". Red Deer Advocate. Retrieved 14 August 2020.
4. Neitsch, Alfred Thomas (Winter 2007). "A Tradition of Vigilance: The Role of Lieutenant Governor in Alberta". Canadian Parliamentary Review. 30 (4): 19–28. Retrieved 14 August 2020.
5. "Alberta's Lieutenant Governors and Royal Assent". Lieutenant Governor of Alberta. Retrieved August 14, 2020.
6. An Act respecting the Metis Population of the Province , SA 1938(2), c 6, CanLII retrieved on 2020-08-20
7. "Ewing Commission". Heritage Community Foundation. Retrieved June 17, 2010.
8. Alberta. Legislative Assembly (1936). "First Session of the Eighth Legislative Assembly of the Province of Alberta". Alberta Journals. Edmonton: Legislative Assembly of Alberta. XXXIII (I): 12 . Retrieved November 12, 2020.
9. Alberta. Legislative Assembly (1936). "First Session of the Eighth Legislative Assembly of the Province of Alberta". Alberta Journals. Edmonton: Legislative Assembly of Alberta. XXXIII (I): 150 . Retrieved November 12, 2020.
10. An Act providing for the Recall of Members of the Legislative Assembly , SA 1936, c 82, CanLII retrieved on 2020-11-12
11. An Act to repeal The Legislative Assembly (Recall) Act , SA 1937(3), c 7, CanLII retrieved on 2020-11-12
12. Alberta. Legislative Assembly (1937). "Fifth Session of the Eighth Legislative Assembly of the Province of Alberta". Alberta Journals. Edmonton: Legislative Assembly of Alberta. XXXVII (I): 34 . Retrieved November 12, 2020.
13. Rowat, Don (1998). "Our Referendums are not Direct Democracy" (PDF). Canadian Parliamentary Review . 21 (3): 25–27.
14. "Morrison Resignation Brings Rift". Vol XXVIII No 255. The Lethbridge Herald. October 11, 2010. p. 1.
15. "Denies Compulsion Used To Oust Social Credit Candidate". Vol XXVIII No 252. The Lethbridge Herald. October 8, 2010. p. 2.
16. "Liberal Leader Now Mr. Justice Howson". Vol XXIX No 252. The Lethbridge Herald. March 3, 1936. pp. 1–2.
17. "L.A. Giroux is Dead; Member For Grouard Seat". Vol XXIX No 228. The Lethbridge Herald. September 8, 1936. p. 1.
18. "Chant Is Ousted By Order In Council". Vol XXX No 119. The Lethbridge Herald. May 1, 1937. p. 1.
19. "Resignation Notice Has Not Been Received". Vol XXX No 223. The Lethbridge Herald. September 2, 1937. p. 1.
20. "Ex-S.C. Member Gets Nomination As Progressive". Vol XXXII No 185. The Lethbridge Herald. July 20, 1939. p. 14.
21. "Barnes President Alta. Independent Progressive Assn". Vol XXXIII No 47. The Lethbridge Herald. February 5, 1940. p. 2.
22. Kennedy, Fred (September 24, 1937). "Hugill heads 'Independents' in Legislature". Calgary Herald . p. 1. Retrieved August 13, 2020.

Further reading

• Normandin, A. L., ed. (1940). "The Canadian Parliamentary Guide". The Canadian Parliamentary Guide = Guide Parlementaire Canadien. Ottawa: Mortimer Company Ltd. ISSN   0315-6168. OCLC   893686591 . Retrieved August 9, 2020.
• Office of the Chief Electoral Officer; Legislative Assembly Office (2006). A Century of Democracy: Elections of the Legislative Assembly of Alberta, 1905-2005. The Centennial Series. Edmonton, AB: Legislative Assembly of Alberta. ISBN   0-9689217-8-7 . Retrieved May 25, 2020.
• Perry, Sandra E.; Footz, Valerie L. (2006). Massolin, Philip A. (ed.). A Higher Duty: Speakers of the Legislative Assemblies. Edmonton, AB: Legislative Assembly of Alberta. ISBN   0-9689217-3-6 . Retrieved August 9, 2020.

External links

• Alberta Legislative Assembly
• Legislative Assembly of Alberta Members Book
• By-elections 1905 to present