Nova Scotia.

• Author: Boucher, Annette M.
• Position: Legislative Reports

Reference before Nova Scotia Court of Appeal

On January 24, 2017, a five-judge panel of the Nova Scotia Court of Appeal issued a judgment on Reference re the Final Report of the Electoral Boundaries Commission. This reference was submitted to the Court by the Governor in Council concerning the September 24, 2012 Final Report of the Electoral Boundaries Commission and Section 1 of the House of Assembly Act, as set out in Order in Council 2014-414, dated October 1, 2014 referring two questions for the opinion of the Court of Appeal:

Does Section 1 of Chapter 61 of the Acts of Nova Scotia 2012, by which provisions the recommendations tendered by the Electoral Boundaries Commission by its Final Report to the House of Assembly were enacted, violate Section 3 of the Canadian Charter of Rights and Freedoms by abolishment of the electoral districts formerly known as Clare, Argyle and Richmond?

If the answer to question 1 is "YES", is the impugned legislation saved by the operation of section 1 of the Charter of Rights and Freedoms?

In Nova Scotia, every 10 years, pursuant to Section 5 of the House of Assembly Act, an independent electoral boundaries commission is appointed and issued terms of reference by a select committee of the House to recommend boundaries and names for the electoral districts comprising the House. The section also provides guidance for the setting of the terms of reference.

In its judgment, the Court of Appeal noted that the 1992 and the 2002 Commissions recommended three significantly Acadian constituencies when drawing the electoral boundaries map and these were included in the bills that were subsequently passed by the House. However, the Courtnoted that in 2012 the Commission's terms of reference, as written by the Select Committee of the House required all constituencies to satisfy the same maximum variance of population ratio with no mention made to maintain or otherwise deal with the Acadian constituencies.

Notwithstanding the terms of reference, the Commission's interim report recommended continuing the three Acadian constituencies. On receiving the interim report the Attorney General was of the view that this recommendation was outside the Commission's terms of reference as written by the Select Committee. After being informed of this the Commission prepared a new interim report and legislation setting out the new boundaries that did not maintain the former Acadian constituencies, was adopted and received Royal Assent...