Independent MLA wants court to kill PC resolution to expel her

The province's only Independent MLA, Elizabeth Smith-McCrossin, is asking a Nova Scotia Supreme Court judge to declare "null and void" a resolution brought forward last spring by the minister of community services aimed at expelling her from the legislature.

Karla MacFarlane introduced Resolution 598 on April 3, calling on the House to declare that Smith-McCrossin "misled the House, and that she not be allowed to take her seat until such time as she retracts her comments and apologizes."

The action was sparked by comments made by Smith-McCrossin the week previous during debate on the use of non-disclosure agreements in cases of sexual assault or harassment.

The former PC MLA, who has sat as an Independent since 2021, accused the PC caucus of having "coerced" a young female staffer into signing an NDA to prevent the woman, who later worked for Smith-McCrossin, from disclosing what transpired between her and former leader Jamie Baillie.

Smith-McCrossin tabled a redacted document she claimed was proof of the NDA between caucus and Kait Saxton.

In 2018, caucus forced Baillie out of his job for what it called "inappropriate behaviour" toward a female staffer.

MacFarlane, the interim leader after Baillie was dumped, denied caucus forced anyone to sign a document to silence them about what transpired.

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

Although the government never called for a vote on the resolution, and Smith-McCrossin did not apologize, the resolution remains on the order paper and could be called at any time.

Smith-McCrossin filed a motion in court in Amherst, N.S., on Monday seeking to have the resolution declared "null and void."

Speaking to CBC News from her constituency Wednesday, Smith-McCrossin said the continued existence of the resolution is an attempt to silence her.

"I'm going to continue to keep speaking the truth and being honest and being the voice of my people, however it is intimidating to have a notice of motion sitting on the order paper trying to remove me," said Smith-McCrossin. "It is intimidating. I don't believe it should be there."

'We will respond in court'

The closest Smith-McCrossin came to retracting her accusation against the PC caucus was to say she was relaying the information as she understood it to be true.

Premier Tim Houston's press secretary, Meagan Byrd, said in an email Wednesday that given Smith-McCrossin "has admitted that her comments on the floor of the House were not factual," there was no need to call the resolution to a vote.

"However, just as there is no way to remove her untruthful comments from the record, there is no way to remove a motion from Hansard," wrote Byrd. "We will respond in court."

While a motion can't be removed from Hansard, which is the official record of the House, legislature rules say a member who makes a motion can withdraw it so long as all other MLAs agree. 

Smith-McCrossin has said she found the copy of the document among the effects of her former employee after the woman died last year of a brain hemorrhage. The woman's parents have issued a statement saying their daughter was "ghosted" and "treated like a pariah" after she signed a non-disclosure agreement and left her job with the Tories.

A date will be set Aug. 3 for the court action to be heard by a judge.