Billy Joe MacLean

MacLean entered provincial politics in the 1981 election, defeating Liberal incumbent Bill MacEachern by 62 votes in the new Inverness South riding.[9] He was re-elected in the 1984 election, defeating Liberal Danny Graham by over 1500 votes.[10] 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.[11] Later that day, RCMP charged him with one count of fraud, five counts of uttering forged documents and four counts of forgery.[12] 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.[13][14][15] Despite telling the media he would quit his seat,[16] and repeated calls from opposition members and premier John Buchanan to resign, MacLean refused to quit.[17][18] 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.[19][20] MacLean still refused to quit, forcing Buchanan to recall the legislature to pass special legislation to unseat him.[21] 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.[22] The legislation also banned anyone convicted of such an offense from being nominated or elected to the legislature for five years after the conviction.[23][24]

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.[25] The case was heard on December 22, with MacLean's lawyers arguing that the law violated his rights.[26][27] 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.[28][29] On February 24, 1987, MacLean was re-elected, defeating Liberal Allan MacDonald by 165 votes.[30][31][32] In the 1988 election, MacLean lost his seat to Liberal Danny Graham by 123 votes.[33]

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