Manitoba MLA loses in court, claims victory

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This article was published 18/06/2018 (2136 days ago), so information in it may no longer be current.

Steven Fletcher claimed victory Tuesday, even as a Court of Queen’s Bench judge rejected a lawsuit he filed last year, challenging the validity of a Manitoba law that prevented MLAs from changing parties between elections.

“It was a victory, no ifs, ands, or buts about it,” the independent MLA for Assiniboia said in an interview. “The law (in Manitoba) is different than it was a year ago. And it’s because of the legal case.”

On Tuesday, Justice Sheldon Lanchbery ruled legislatures have the right to set their own rules, and the courts should not interfere.

Fletcher had challenged a 2006 Manitoba law that forbade members of the legislature from switching party caucuses, saying it violated the Charter of Rights. The provincial legislature passed a bill earlier this month to repeal the old law and allow members to cross the floor.

Asked for comment Tuesday, Premier Brian Pallister rejected the notion Fletcher had won anything.

“I don’t know how being charged with court costs and having your court case dismissed is a victory,” the premier said.

“I would say that would be a stretch.”

Fletcher was booted out of the Progressive Conservative caucus last June, after criticizing the government’s plan to set up a new Crown corporation to promote energy efficiency.

Pallister said Fletcher was well-aware the Tories had planned to repeal the old NDP legislation banning floor-crossing. “That was not a secret to him,” the premier said, although he noted Fletcher garnered “a significant amount of attention” for his court fight.

While the judge’s ruling leaves open the door for a provincial government to reintroduce a floor-crossing ban at some point, Pallister said he has no intention of doing so. The province had defended the old law on principle.

“I think, in the longer run, democracy is not well-served by tying people into a particular political party unnecessarily,” the premier said. “Members have the right to use their judgement.”

Lanchbery said while the floor-crossing ban may have been bad public policy, the courts “should not become the adjudicator of legislation or policy that is within the sole purview of the legislature.”

Fletcher, meanwhile, said he plans to appeal the decision all the way to the Supreme Court, if necessary.

— with files from The Canadian Press

larry.kusch@freepress.mb.ca