Court Opinion Sought on Electoral Boundaries Legislation

Attorney General Lena Metlege Diab is asking the Nova Scotia Court of Appeal for an opinion on the abolishment of three Acadian electoral districts.

A report issued by the independent Electoral Boundaries Commission in September 2012, recommended the electoral districts of Clare, Argyle and Richmond be abolished. The Fédération acadienne de la Nouvelle-Écosse opposed the recommendation and the legislation changes that resulted. They filed legal action against the province, claiming the districts are constitutionally protected.

"I very much respect the commitment and passion of the Acadian community," said Ms. Diab. "This is an important issue and I look forward to the Court of Appeal's opinion."

The referral to the Court of Appeal asks for an opinion about two questions under the Charter of Rights and Freedoms

• Was abolishing the three electoral districts a violation of section three of the Charter?
• If it was a violation, is the legislation covered under section one of the Charter? This section guarantees Charter rights and freedoms, subject to reasonable limits in law and shown to be justified in a free and democratic society.

It is not known when the referral will be considered or how long it may take. This unique process has not been used in Nova Scotia in decades.