Nova Scotia

McNeil sidesteps questions about 'unconquered people' legal fight

Premier Stephen McNeil refused to say whether court documents his government sought and received a Supreme Court of Canada Court order to keep sealed last week would cause "embarrassment," as an Appeal Court judge has claimed.

Appeal Court judge previously said court documents would cause 'embarrassment' for provincial officials

Premier Stephen McNeil says he didn't provide any instructions to former Justice Department lawyer Alex Cameron. (CBC)

Premier Stephen McNeil sidestepped questions and cut short an interview Wednesday about whether documents temporarily sealed by a Supreme Court of Canada order last Wednesday would cause "embarrassment" to him or his government.

"This really is about client-solicitor privilege and that is the foundation that every Nova Scotian would want protected," he said.

But in a ruling handed down in early July ordering the documents be made public, Nova Scotia Appeal Court Judge Duncan Beveridge claimed the files could cause "embarrassment" for provincial officials.

The case involved former Justice Department lawyer Alex Cameron, who was removed from a high profile 2016 court case after suggesting Mi'kmaq people were conquered and therefore did not need to be consulted.

The 2016 court hearing related to the controversial Alton Gas project. The Sipekne'katik First Nation opposed Alton Gas's proposal to store natural gas in underground chambers that would be excavated from salt deposits near the Shubenacadie River.

At the time, McNeil said that was not his personal opinion, nor was it the view of his government. He later apologized to Mi'kmaq chiefs.

A Mi'kmaq camp is seen on the shores of the Shubenacadie River in Fort Ellis, N.S., on Monday, Sept. 26, 2016. Indigenous protesters set up the camp to oppose a plan to create large underground caverns to store natural gas. (Andrew Vaughan/The Canadian Press)

The provincial government has been fighting almost ever since to keep files related to Cameron's work secret, including what he may have been instructed to do.

On Wednesday, McNeil said he didn't provide any instructions to Cameron.

Beveridge's July 4 ruling included a dismissal of the province's argument that the province, McNeil and former justice minister Diana Whalen "would suffer irreparable harm" if the papers were made public.

"The only harm that I see to the applicants is embarrassment from Mr. Cameron putting in the public domain his allegations and evidence that challenge the notion that he advanced an argument on behalf of the Province without or contrary to instructions," said Beveridge.

He also called other arguments by the province "spurious" and "hollow."

"That's his opinion," said McNeil about that assessment. "We're letting the Supreme Court [of Canada] make its decision."