It's rare to oust a Speaker of the House and why you should care
Last time a non-confidence vote succeeded in the N.S. Legislature was 147 years ago
Soon after the Progressive Conservatives won the 2021 provincial election, Premier Tim Houston personally put forward caucus colleague Keith Bain for Speaker of the Nova Scotia House of Assembly and used the party's majority to ensure Bain won the job.
But just weeks past the Tories' first year in power, Houston has decided he wants someone else to preside over debate in the chamber and control everything that happens within the gates at Province House.
It's a decision that has baffled many, including long-time Conservatives in Nova Scotia, some of whom have worked with or sat alongside Bain in the legislature. The MLA for Victoria-The Lakes is, by all accounts, a universally liked and admired Cape Breton politician. He is a faithful and stalwart Tory, according to party insiders.
According to the premier's office, the official reason for a potential change is succession planning and the desire to give "strong caucus MLAs opportunities to showcase their skills and grow their roles."
"One year into the mandate is the right time for change, and we're currently contemplating a number of changes," wrote Catherine Klimek, Houston's press secretary. "The Speaker's role is not immune."
Political intrigue
But unlike routine cabinet shuffles or the reassignment of roles within a caucus, deciding who gets to be Speaker is not up to the premier or even their government; it's the purview of all the members elected to the House. The premier's vote is just one of 55.
This bit of political intrigue played out quietly, behind the scenes for several weeks until the online publication AllNovaScotia.com's veteran political reporter Brian Flinn broke the story this week.
Opposition members were quick to come to Bain's defence, describing him as "fair," "highly respected" and "a really great Speaker."
Possible confidence vote
By comparison, cabinet minister Pat Dunn offered a less-than-stellar review: "How's he doing? As far as I know, OK, I guess."
Rather than go quietly, as the premier hoped he would, on Wednesday Bain announced he would be staying put. That means for the first time in decades, a Speaker in the Nova Scotia House of Assembly may face a non-confidence vote.
In a Facebook post to constituents, Bain wrote: "I have made my decision to not resign as requested and, right or wrong, will accept any consequences that might arise...
"I am not looking for sympathy or praise, but wanted you to know that, in respect of democracy and the job I have been elected to do, I feel it is my duty as Speaker to continue until such time as the House declares I shouldn't... (and I will respect that, for sure)."
On Nov. 30, 1994, Liberal appointee Paul MacEwan survived the last such non-confidence motion directed at a Speaker, which was put forward by PC opposition members.
Terry Donahoe, leader of the Opposition at the time, called on the House to oust MacEwan for having "frequently failed to demonstrate in his performance as Speaker that he is guided by the usages and precedents of this House" and "that the Speaker has failed to preside over the proceedings of this House in an impartial manner."
Put to a vote that very afternoon, the PC's lost 36 to 10.
When he resigned the position two years later, MacEwan told a Cape Breton Post reporter it was time for a fresh face and he didn't take much pleasure in kicking Tories out of the legislature any more, bolstering the PC complaint about his lack of impartiality.
Premier's past criticism of Speaker
Beyond the vague notion of "planning for the future," we don't yet know why the premier wants to replace Bain, although Houston has been critical of the Speaker on two occasions. Last March, Houston disagreed with COVID-19 protocols at Province House and, in July, was critical of Bain for going ahead with a legally binding requirement to review MLA remuneration.
Because the panel's recommendations are binding, Houston was forced to recall the legislature for a rare summer sitting to deny MLAs the raise recommended by the independent panel.
Houston's gamble, if he decides to test the will of the House and he's successful in ousting Bain, will be one for the history books.
According to Bosc & Gagnon, the legislative bible used by Speakers across Canada when it comes to precedents, "Few examples exist in Canada of the resignation of a Speaker following directly from the action of a legislative body to effect his or her removal."
"In 1875, in the House of Assembly of the Province of Nova Scotia, a motion was moved which proposed that the Speaker's resignation be requested and that a new Speaker be elected. The motion was adopted."
Having lost the confidence of the House, Speaker John Barnhill Dickie, a Liberal, resigned.
Political inside baseball
Removing Bain from the Speaker's chair would not just be a bit of political history, nor should it be seen as simply a dollop of political inside baseball.
The Speaker is all-powerful in the chamber. MLAs can only speak after they are recognized by the Speaker and the person in the chair even has control over what words elected representative use during debate, deciding what is or is not parliamentary language. Speakers also have the power to throw elected representatives out of the chamber, they interpret the rules and are the final arbiters in disputes between members.
The Speaker also controls the public's access to Province House, decides when the gates around the building are locked and who can host events at the legislature, a key democratic institution.
Having a Speaker who can discharge those duties in a non-partisan way, and in a manner independent of government influence, is a key requisite of the job.
Fall sitting next week
Houston even acknowledged that independence during his dispute with Bain over the COVID-19 rules last spring. On March 28, Houston tweeted: "Our government does not agree with the decision the Speaker's office made on their own.
"The Speaker, with his staff, set the rules of the Legislature," noted Houston. "The Speaker's Office acts independently of the premier, premier's office and government."
Next week, when the House returns for the fall sitting, Houston can do what other premiers have done and put up with a Speaker they chose but cannot fully control, or he can set the wheels in motion for a messy debate and a vote that could split his caucus.
The secret ballot vote to choose a successor to Bain could exacerbate that rift if the Opposition parties choose to re-nominate Bain for the job and there are those on the PC benches who don't share the premier's need for change.
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