Independent MLA Elizabeth Smith-McCrossin challenges constitutionality of motion to oust her - Action News
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Nova Scotia

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

The MLA for Cumberland North, Elizabeth Smith-McCrossin, is taking legal action to try to stop a motion to oust her from the Nova Scotia Legislature. The motion can be debated as early as Wednesday, but Premier Tim Houston won't say if his government will call for the debate.

Liberal leader calls move 'tyrannical' and vows to fight motion 'using every tool that we have'

A woman with blonde hair and glasses wears a black blazer with a grey top. She is standing near a staircase.
Independent MLA Elizabeth Smith-McCrossin spoke with reporters on Tuesday at the Nova Scotia Legislature in Halifax. (CBC)

The only Independent member of the Nova Scotia Legislature, Elizabeth Smith-McCrossin,is challenging the constitutionality of a motion put forward by a cabinet ministerthreatening 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 coercinga 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 MacFarlaneintroduced 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 becameinterim 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 behalfnotified 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.

A man with grey hair wears a dark grey blazer with a striped shirt and dark blue tie. He is standing near an entranceway.
Nova Scotia Premier Tim Houston said Tuesday he wasn't sure when the motion would be debated in the legislature. (CBC)

Premier Tim Houston was noncommittalwhen 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 suggestedthe 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."

A man with short brown hair wears a grey jacket with a burgundy tie. He is standing in a hallway.
Nova Scotia Liberal Leader Zach Churchill says his party will oppose the motion to remove Smith-McCrossin. (CBC)

MacFarlaneoffered a similar view.

"Actually the motion [Monday]was to simplyhoping 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 alengthy debate, ifthe motion is called.

Liberal Leader Zach Churchill said his caucus would use "every legislative tool" at its disposalto 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."

A woman with dark curly hair wears a white blazer with a black top. She is standing in a hallway.
Nova Scotia NDP Leader Claudia Chender told reporters that a drastic step such as ousting an MLA from the legislature is usually reserved for criminal cases. (CBC)

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."