Courts and parliamentary privilege: the battle over televising the Nova Scotia assembly

Article Abstract:

Since the introduction of the Canadian Charter of Rights and Freedoms there has been debate over the relationship between courts and legislatures. One Supreme Court case that raised an interesting variant of this issue involved controversy over claims of parliamentary privilege in the Nova Scotia house of assembly. At issue were competing claims of traditional parliamentary prerogatives and Charter-based rights of the press and of free expression. Members of the Nova Scotia media community wanted to cover the proceedings of the provincial assembly with independently operated hand-held video cameras. Arthur Donahoe, then Speaker of the Assembly, described this as a potential threat to the orderly conduct of legislative affairs. It was claimed that the ability of an assembly to set rules of conduct and to monitor the access of the press gallery were covered by traditional parliamentary privileges. In the end, the majority judgment of the Supreme Court, as penned by Justice McLachlin, supported the position of the members of the Nova Scotia assembly. McLachlin put forth a surprisingly traditional view of the authority of parliamentary bodies. The ruling, however, left questions about several key topics. There was division among the justices over the application of the Charter to assembly proceedings. The larger issue of the Charter's overall reach seems to persist as a source of discussion. Meanwhile, McLachlin's judgment seems to remove adjustment of privilege from the realm of the provincial constitution to the domain of the formal Canadian Constitution. Whether this will complicate life for the provincial assemblies bears watching. Finally, the very nature of the concept of privilege seems to be evolving in light of references to rights of parliamentary assemblies in the judgment of Justice McLachlin and to the orderly and efficient conduct of legislative affairs. (Reprinted by permission of the publisher.)

Television broadcasting, Cameras in court, Nova Scotia, Legislative bodies

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Reforming the electoral system of Metropolitan Toronto: doing away with dualrepresentation

Article Abstract:

Since its creation in the mid-1950s,the elected council of Metropolitan Toronto was composed of politicians who hadfirst been directly elected in their home municipalities (Scarborough, North York, etc.) Over the years, various observers have noted the representational weaknesses of this arrangement, but little had changed by the mid-1980s. Metro concerns often appeared to be overlooked in the interest of local concerns, andlines of accountability from Metro to the public were weak. During the period 1986-88 a provincial government intiative led to a joint review of Metro's electoral arrangements and to enactment of major procedural reforms. By the 1988 Ontario municipal elections a system for direct election of the Metro council was in place. The provincial government's approach to reform, a provicial-municipal task force, merits examination, for the municipal affairs ministry was able to bring reforms forward despite opposition from certain local government leaders. Reviewing this experience sheds light on some of the complexities involved in analysing representational options as well as in assessing the provincial relationship with Metro issues. Study of the reform process utilized here illustrates the ability of a committed provicial government to place discussion of a Metro change firmly on the political agenda. Reflection on the procedures and representation issues of the mid-1980sis now timely as the Ontario government is developing a yet larger entity, the Greater Toronto Area (GTA), which encompasses about 49 per cent of the province's population. (Reprinted by permission of the publisher.)

Elections, Representative government and representation, Representative government, Toronto, Ontario

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Municipal consolidation in the 1990s: an analysis of British Columbia, and Nova Scotia

Article Abstract:

This article examines the transitional and short-term impacts of consolidation in three Canadian municipalities - the City of Abbotsford (British Columbia), the City of Miramichi (New Brunswick), and the Halifax Regional Municipality (Nova Scotia). The study involves an analysis of the administrative, financial and political impacts of the restructuring in these three urban regions, as well as the provinces' roles in the reform process. The analysis of the transition period identifies the many municipal functions and local services that must be considered in a restructuring initiative. The reorganization of intricate administrative and political structures that sustain municipal functions is a complex task and will be unique to each region considering reform. The complexity of municipal restructuring allows no easy answer as to whether consolidation will lead to effectiveness and efficiency improvements in service delivery or municipal governance. Ultimately, the success of consolidation in achieving greater efficiency and effectiveness will depend on the specific circumstances of the municipalities considering reform. (Reprinted by permission of the publisher.)

Municipal government, Abbotsford, British Columbia, Halifax, Nova Scotia, Metropolitan government

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