Billy Joe MacLean

William Joseph (Billy Joe) MacLean (born November 24, 1936) is a Canadian politician. He represented the electoral district of Inverness South in the Nova Scotia House of Assembly from 1981 to 1988. He represented the Nova Scotia Progressive Conservative Party until he was expelled as an MLA on October 30, 1986, and was elected as an independent on February 24, 1987.^[1]

MacLean was born in Antigonish, Nova Scotia in 1936.^[2] One of his brothers, Norman J. MacLean, also served in the Nova Scotia House of Assembly for Inverness County from 1963 to 1973. He attended St. Francis Xavier University and is a businessman. From 1968 to 1973, (having been on town council since 1962) he served as deputy mayor of Port Hawkesbury, and from 1973 to 1981 as mayor. He is married to Glenda Auld.^[3] In 1994, MacLean was elected once again to serve as mayor of Port Hawkesbury and has been reelected since.^[4]

Provincial politics

MacLean entered provincial politics in the 1981 election, defeating Liberal incumbent Bill MacEachern by 62 votes in the new Inverness South riding.^[5] He was re-elected in the 1984 election, defeating Liberal Danny Graham by over 1500 votes.^[6] MacLean served in the Executive Council of Nova Scotia as Minister of Culture, Recreation and Fitness.^[3]

On April 8, 1986, MacLean resigned from cabinet because of an RCMP investigation into his expenses.^[7] Later that day, RCMP charged him with one count of fraud, five counts of uttering forged documents and four counts of forgery.^[8] On October 3, 1986, MacLean pleaded guilty to four counts of uttering forged documents worth more than $21,000 on his expense accounts and was fined $6,000.^[9][10][11] Despite telling the media he would quit his seat,^[12] and repeated calls from opposition members and premier John Buchanan to resign, MacLean refused to quit.^[13][14] On October 24, he was expelled from the Progressive Conservative caucus, and Buchanan threatened to recall the legislature to deal with MacLean if he did not resign.^[15][16] MacLean still refused to quit, forcing Buchanan to recall the legislature to pass special legislation to unseat him.^[17] On October 30, in a special one day sitting of the legislature, MacLean was expelled as MLA, as the House passed legislation which authorized the expulsion of a member convicted of an offense punishable by a jail term of more than five years.^[18] The legislation also banned anyone convicted of such an offense from being nominated or elected to the legislature for five years after the conviction.^[19][20]

On November 28, 1986, MacLean's lawyer filed papers with the Supreme Court of Nova Scotia, challenging the law that stripped him of his seat.^[21] The case was heard on December 22, with MacLean's lawyers arguing that the law violated his rights.^[22][23] On January 6, 1987, the Supreme Court upheld MacLean's expulsion as MLA, but ruled that the law banning him from seeking re-election, contravened the Charter of Rights, thus declaring the law unconstitutional, and allowing MacLean to run in the byelection.^[24][25] On February 24, 1987, MacLean was re-elected, defeating Liberal Allan MacDonald by 165 votes.^[26][27][28] In the 1988 election, MacLean lost his seat to Liberal Danny Graham by 123 votes.^[29]

References

Further reading

Holtby, John (1987). "The Legislature, Charter and Billy Joe MacLean" (PDF). Canadian Parliamentary Review 10 (1).