Tories ready to strike down legislation restricting MLAs from switching parties

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This article was published 02/10/2017 (2984 days ago), so information in it may no longer be current.

The Pallister government is expected to introduce legislation as early as this month to strike down a law that prevents MLAs from crossing the floor of the legislature in between elections.

A government lawyer told Court of Queen’s Bench Monday the government intends to introduce a bill repealing a portion of the Legislative Assembly Act at the earliest opportunity. MLAs return to the legislature from their summer break on Wednesday.

Assiniboia MLA Steven Fletcher, who will sit as an independent after being tossed from the Progressive Conservative caucus in June, wants the section of the act forbidding floor-crossing struck down as unconstitutional. A court date to hear the application has been set for Nov. 27.

Fletcher’s lawyer, Bill Gange, argued on Monday in court that the controversial section should be struck down immediately since the government has indicated it won’t fight Fletcher’s application.

“(Fletcher’s) Charter rights are being affected by a rule that the government is not prepared to defend,” Gange told Justice David Kroft.

Kroft refused to issue a ruling on the spot after government lawyer Michael Conner said the province was prepared to defend the constitutionality of the provision, even though it felt it was “bad policy.”

“I am not prepared to sign an order today,” the judge said.

Gange said afterwards that leaving it up to the government to decide when and how to change the legislation “isn’t satisfactory,” so Fletcher will be going ahead with his court application to strike down the offending provisions of the act.

“Mr. Fletcher wants to have the liberty to be able to explore all of his options. He can’t discuss joining another caucus right now because it’s prohibited by law,” Gange said.

Fletcher has said he has no intentions of joining another political party, and that he is fighting the law on principle.

If he were to join the three-member Liberal caucus, it would give the Grits party status — and the added funding and privileges that go along with having four members.

Fletcher was expelled from the PC caucus in June for failing to toe the party line. He opposed a bill that would create a new Crown corporation, Efficiency Manitoba, to carry out energy savings programs now under the purview of Manitoba Hydro.

Fletcher attended the court hearing on Monday, but he directed reporters to his lawyer for comment.

larry.kusch@freepress.mb.ca