Independent MLA Elizabeth Smith-McCrossin challenges constitutionality of motion to oust her

The only Independent member of the Nova Scotia Legislature, Elizabeth Smith-McCrossin, is challenging the constitutionality of a motion put forward by a cabinet minister threatening to oust her for statements she made in the House last week.

The MLA for Cumberland North accused the PC caucus she was ejected from in June 2021 of coercing a female staffer into signing a non-disclosure agreement when she left her job in 2018. Smith-McCrossin then tabled a document she claimed was that agreement.

On Monday, Community Services Minister Karla MacFarlane introduced a motion that called on Smith-McCrossin to retract her comments and apologize, or else be removed from the chamber until she complies. 

MacFarlane, who became interim leader after Jamie Baillie was removed for "inappropriate behaviour" toward a female staffer, called Smith-McCrossin's allegations false.

The NDA "is non-existent," said MacFarlane. "It does not exist in our files or anywhere because it didn't happen."

On Tuesday, a lawyer acting on Smith-McCrossin's behalf notified the Justice Department that the motion was "unconstitutional."

'It's a very undemocratic step to have me removed'

"It's quite a step to, and I believe — and so does my lawyer — that it's very undemocratic step to have me removed," Smith-McCrossin told reporters outside the legislative chamber. 

"I've been elected by the people of Cumberland North to be here in this legislature, to represent them, to be their voice, and I believe that I should be able to do so, based on democracy."

Justice Minister Brad Johns refused to comment on the move.

Premier Tim Houston was noncommittal when asked by a reporter if his government planned to call the motion for debate Wednesday, the first possible opportunity.

"We'll see," said Houston, who suggested the motion might already have achieved its objective.

"You know, it was important that we put the motion [forward] to put some of the facts on the table," said Houston. "We thought that was important, at that time. It's now on the record."

MacFarlane offered a similar view.

"Actually the motion [Monday] was to simply hoping that she would retract her incorrect statements and make an apology, and set the record straight," said MacFarlane. "That was an opportunity."

Although sounding conciliatory, the Houston government has extended the schedule for Wednesday's sitting by five and a half hours, perhaps in anticipation of a lengthy debate, if the motion is called.

Liberal Leader Zach Churchill said his caucus would use "every legislative tool" at its disposal to fight the motion and delay its passage. 

"If a majority government thinks that they can expel a member, stop them from voting, stop them from debating because they don't agree with what they're saying, that's tyrannical," said Churchill. "Think of the precedent that it sets."

"What if you have a government in there that has the ability to kick somebody out on a confidence vote.... It has serious ramifications that I don't think the government has fully thought through."

Although less combative in tone, NDP Leader Claudia Chender also said her caucus would oppose the motion.

"I think it's really clear that it's an overreach by this party," Chender told reporters. "The notice of motion explicitly asks for the member to be removed from the chamber. The only precedent that we have for that is criminal conduct of a member.

"It's an incredibly powerful tool and one that I think any government, particularly a majority government should do their best never to use."