Alberta West News: Historic cases of Lieutenant Governors withholding royal assent in Alberta

Alberta has a remarkable constitutional history involving Lieutenant Governors using their reserve powers to withhold or reserve royal assent. These cases established important precedents for the protection of civil liberties and constitutional limits on provincial legislation in Canada.

The 1936 Case: Lieutenant Governor William Walsh and the Reduction and Settlement of Debts Act

Lieutenant Governor William Walsh was the first to confront Premier William Aberhart's Social Credit government over constitutional concerns. In 1936, Walsh expressed deep reservations about the government's Reduction and Settlement of Debts Act, describing the legislation as dealing with creditors' rights in a "ruthless" manner.lieutenantgovernor

Walsh presented Premier Aberhart with three options: delay the bill until the next legislative session, send it for judicial review to the Supreme Court of Alberta, or do nothing—in which case the Lieutenant Governor would withhold royal assent. The government chose judicial review, and the Supreme Court of Alberta ruled the proposed Act was unconstitutional. The government's subsequent appeals were unsuccessful.lieutenantgovernor

The 1937 Crisis: Lieutenant Governor John C. Bowen and the Three Reserved Bills

The most significant constitutional confrontation occurred under Lieutenant Governor John C. Bowen, who took office in March 1937 and would become Alberta's longest-serving Lieutenant Governor (1937-1950).wikipedia+2

The Controversial Legislation

In the fall of 1937, the Aberhart government introduced three bills that raised serious constitutional concerns:lawnow+2

The Bank Taxation Act – sought to place banks under provincial authority, interfering with federal jurisdiction over banking
An Act to Amend the Credit of Alberta Regulation Act – further interfered with federal banking powers
The Accurate News and Information Act – required newspapers to publish government-written "corrections or amplifications" to any story objected to by the Chair of the Alberta Social Credit Party, mandated disclosure of sources within 24 hours upon government request, and imposed fines up to $1,000 per day for non-compliance, with possible suspension of publicationcbc+2

The press bill generated widespread condemnation across North America. The Edmonton Journal led fierce opposition to what it called "a dictatorial challenge to every freedom-loving Canadian whose home is Alberta". The Journal's coverage would earn it a special Pulitzer Prize in 1938 "for its editorial leadership in defense of the freedom of the press".edmontonjournal+2

The Reservation Decision

On October 6, 1937, Lieutenant Governor Bowen announced he was reserving royal assent on all three bills, referring them to the Supreme Court of Canada for constitutional review. This was the first use of the power of reservation in Alberta's history.assembly+3

The decision was met with intense public reaction. Some citizens appeared at the door of Government House, threatening the Lieutenant Governor and his family. Premier Aberhart was "deeply upset" and publicly swore revenge.revparl+3

Supreme Court Decisions

In spring 1938, the Supreme Court of Canada unanimously ruled that all three bills were beyond the legislative authority of the province. The first two bills interfered with federal subjects of banks, banking, currency, and trade and commerce. The Accurate News Act was found unconstitutional both as part of an unconstitutional legislative package and as an independent enactment.lawnow+1

The Aberhart government challenged the Lieutenant Governor's authority to reserve legislation. On March 4, 1938, the Supreme Court of Canada ruled that the powers of reservation and disallowance were "subject to no limitation or restriction", fully vindicating Bowen's actions.revparl+1

Government Retaliation

Unable to overturn the Lieutenant Governor's constitutional authority, the Aberhart government retaliated through other means. In summer 1938, the government:

Eliminated funding for Government House, Bowen's official residence
Terminated his government car and secretarial staff
Cut off power, heat, and telephone service to Government Housewikipedia+3

Lieutenant Governor Bowen initially refused to leave without an Order-in-Council. The standoff ended on May 9, 1938, when Bowen finally signed the order and moved to the Hotel Macdonald, then eventually to a home in Edmonton's Glenora neighbourhood.lieutenantgovernor+1

Bowen became the last Lieutenant Governor to officially reside at Government House. Despite the conflict, his appointment was renewed, and he served almost 13 years until resigning in 1950 due to ill health.lieutenantgovernor+1

Near-Dismissal of Premier Aberhart

The constitutional crisis nearly escalated further. In 1938, Lieutenant Governor Bowen threatened to dismiss Premier Aberhart's government—an extraordinary use of reserve powers. However, federal Prime Minister Mackenzie King persuaded Bowen to reconsider, fearing such action would trigger political upheaval in Alberta and damage Liberal electoral prospects in Saskatchewan.wikipedia+1

Other Notable Cases of Alberta Lieutenant Governors Considering Withholding Assent

1977: Lieutenant Governor Ralph Steinhauer and Bill 29

Ralph Steinhauer, Alberta's first Aboriginal Lieutenant Governor (and the first Indigenous person to hold any vice-regal office in Canada), publicly opposed Bill 29: The Land Titles Amendment Act in 1977.daveberta+5

The bill, introduced by Premier Peter Lougheed's Progressive Conservative government, was designed to prevent Aboriginal land claims in northern Alberta, including oil sands producing areas. Lieutenant Governor Steinhauer:daveberta+1

Publicly spoke against the legislation
Hinted that he was considering withholding royal assent
Championed Indigenous rights throughout his tenure in opposition to provincial policiesdaveberta+3

Steinhauer's public stand represented a continuation of the tradition of vice-regal vigilance established by Bowen.revparl

2000: Lieutenant Governor Lois Hole and Bill 11

Lois Hole, Alberta's second female Lieutenant Governor, publicly suggested in 2000 that she might have "a long talk" with Premier Ralph Klein before granting royal assent to Bill 11, a controversial health care bill that would have allowed private health facilities.cbc+3

Hole's comments generated significant media attention and debate about whether her public statements on the matter were appropriate. However, she ultimately granted royal assent to the legislation.cbc+2

Media criticized her for "shunning royal protocol" and engaging in political activity, though others noted that the Lieutenant Governor's constitutional role includes protecting democratic principles.revparl+1

Comparative Case: Saskatchewan 1961

For context, the last use of reservation powers in Canadian history occurred in Saskatchewan in 1961, when Lieutenant Governor Frank Bastedo reserved royal assent for Bill 56 (The Mineral Contracts Alteration Act).thehub+4

Bastedo, a former president of the Regina Conservative Association, withheld assent on his own initiative, stating there was "grave doubt as to its validity" and whether it was in the public interest. The federal Diefenbaker government obtained legal opinions from the Justice Department that failed to support Bastedo's concerns, and the Governor General ultimately granted royal assent by Order-in-Council.library.usask+2

This incident is widely viewed as the last genuine use of reservation powers in Canada, though it has been criticized as "nakedly ideological" given Bastedo's partisan background and the fact he withheld assent from a CCF (predecessor to NDP) government.thehub

Constitutional Significance

The Alberta cases, particularly Lieutenant Governor Bowen's actions in 1937-1938, established crucial precedents:

Vice-regal powers of reservation and disallowance are constitutional and subject to no limitation
Lieutenant Governors have authority to protect civil liberties and constitutional rights against unconstitutional provincial legislation
Freedom of the press is protected from government censorship and control
Federal-provincial division of powers must be respected by provincial legislatures
Courts are the ultimate arbiters of constitutional validity, but vice-regal reservation can initiate that judicial reviewcambridge+3

These historical cases demonstrate that while the power to withhold or reserve royal assent exists and has been used in Alberta, it remains an extraordinary constitutional safeguard reserved for the most serious violations of constitutional principles.lagassep+3

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Tuesday, October 28, 2025

Historic cases of Lieutenant Governors withholding royal assent in Alberta