Nova Scotia's Independent MLA ends court challenge of PC resolution

The only Independent member of the Nova Scotia Legislature has dropped her court challenge of a PC resolution threatening to expel her from the House.

In a news release issued by her office Wednesday, Elizabeth Smith-McCrossin said she was dropping the case because of the upcoming retirement of former Speaker Karla MacFarlane, who announced her resignation last week.

MacFarlane was the minister of community services when she introduced a resolution last year stating Smith-McCrossin had misled the House in comments regarding a former Progressive Conservative caucus staffer.

Smith-McCrossin had claimed the woman was coerced into signing a non-disclosure agreement when she worked for the PC caucus in 2018. The woman subsequently worked for Smith-McCrossin until her death in June 2022.

No vote on resolution

The resolution, which called on Smith-McCrossin to retract her comments and apologize before taking her seat, was never called for a vote. However, it continues to sit on the order paper and could have been called during sittings last fall and this spring.

Smith-McCrossin went to court last June asking a Nova Scotia Supreme Court judge to declare MacFarlane's resolution null and void.

MacFarlane unexpectedly announced her resignation as Speaker when the spring sitting wrapped up last week. A post on her Facebook page said she would also be stepping down as the MLA for Pictou West in the coming weeks.

As the author of the resolution at the heart of the court challenge, MacFarlane's departure from Province House means the motion could only move forward with unanimous consent. Liberal and NDP MLAs have been critical of the resolution, so that support simply isn't there.