A Nova Scotia Supreme Court decision is allowing the Progressive Conservatives to move forward in their quest to find out how much the province is paying Bay Ferries.
Justice Peter Rosinski’s ruling on Friday allows the Tories to continue court action against the provincial government in an attempt to get access to the management fee it pays the company operating the controversial Yarmouth to Maine service.
Tory Leader Tim Houston said he’s pleased to move forward with the appeal but added the delay served as one of several attempts by the province and company to block what should be public information.
“The judge decided those attempts were frivolous, that we really need to get to what matters here and attempts to block that discussion were unwarranted,” said Houston.
The decision was expected to be released on Monday. At question was whether Houston and the Tories are entitled to access the financial information through the Freedom of Information and Protection of Privacy Act. Scott Campbell, a lawyer representing Bay Ferries, argued that the act applies only to individuals and that a party caucus is not a recognized person under the act.
In the end, Rosinski sided with Houston and the Tories.
“I have determined that Mr. Houston is the proper Appellant, and that simultaneous reference to him in the Notice of Appeal as the ‘Leader of the Progressive Conservative Caucus’ does not detract from his eligibility to be the Appellant,” stated part of the decision.
In his ruling, Rosinski also made reference to a previous 2012 Nova Scotia Supreme Court decision in Donham v. Nova Scotia (Minister of Community Services) that underscored the importance of Freedom of Information and Protection of Privacy Act.
“... The FOIPOP Act in Nova Scotia is the only statute in Canada declaring as its purpose an obligation both to ensure that public bodies are fully accountable and to provide for the disclosure of all government information subject only to necessary exemptions that are limited and specific.”
The Tories filed the court appeal in February after the province rejected their freedom of information request for the management fee. The province’s privacy commissioner recommended that the Tories should be entitled to the information.
“There was a lot of legal muscle and might put into trying to avoid the discussion about the real issue, effort to really cease this discussion,” said Houston.
“Today the judge said that’s not going to happen, we’re going to get to the meat of the issue.”
Transportation Minister Lloyd Hines declined to comment on the development other than to say the province looks forward to seeing the merits of the case.
The case will be back in court on June 17.
