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]

Billy Joe MacLean
MLA for Inverness South
In office
1981–1988
Preceded bynew riding
Succeeded byDanny Graham
Mayor of Port Hawkesbury, Nova Scotia
In office
1994 – November 2, 2016
Preceded byAlmon Chisholm
Succeeded byBrenda Chisholm-Beaton
In office
1974–1981
Personal details
Born (1936-11-24) November 24, 1936
Antigonish, Nova Scotia
Political partyProgressive Conservative (1981–86)
Independent (1987–88)
ResidencePort Hawkesbury, Nova Scotia
Occupationbusinessman

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][5] In November 2015, MacLean announced that he will not seek re-election in 2016.[6][7] MacLean was the center of controversy when a bar run by him had its liquor licence and video lottery terminal certificate suspended for a brief period after violating exotic dancing laws.[8]

Provincial politics

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]

References
  1. "Electoral History for Inverness" (PDF). Nova Scotia Legislative Library. Retrieved 2018-04-02.
  3. Elliott, Shirley B. (1984). The Legislative Assembly of Nova Scotia, 1758–1983 : a biographical directory. Public Archives of Nova Scotia. p. 143. ISBN 0-88871-050-X. Retrieved 2014-11-09.
  4. "Voters give old job back to controversial Billy Joe". The Chronicle Herald. October 17, 1994.
  5. "MacLean edges through in Port Hawkesbury". The Chronicle Herald. October 20, 2012. Retrieved 2014-11-15.
  6. "Billy Joe MacLean announces exit from political life". Cape Breton Post. November 17, 2015. Archived from the original on November 18, 2015. Retrieved 2015-11-17.
  7. "Billy Joe MacLean leaving mayor's job in Port Hawkesbury after 22 years". CBC News. November 17, 2015. Retrieved 2015-11-17.
  8. "Port Hawkesbury mayor's bar runs afoul of exotic dancer rules". Chronicle Herald. August 22, 2014. Retrieved 2015-11-27.
  9. "Returns of General Election for the House of Assembly 1981" (PDF). Elections Nova Scotia. 1981. p. 91. Archived from the original (PDF) on 2014-03-10. Retrieved 2014-11-17.
  10. "Returns of General Election for the House of Assembly 1984" (PDF). Elections Nova Scotia. 1984. p. 95. Archived from the original (PDF) on 2013-10-05. Retrieved 2014-11-17.
  11. "N.S. minister quits". The Globe and Mail. April 9, 1986.
  12. "N.S. ex-minister faces fraud charge". Toronto Star. April 9, 1986.
  13. "Former minister fined $6,000 for forgery". Toronto Star. October 3, 1986.
  14. "Pleads guity over expenses, ex-minister wants new post". The Globe and Mail. October 4, 1986.
  15. "MacLean pleads guilty". The Chronicle Herald. October 4, 1986.
  16. "Convicted Nova Scotia MLA quits but vows to seek re-election". Toronto Star. October 3, 1986.
  17. "Premier tells MacLean to resign immediately". The Globe and Mail. October 23, 1986.
  18. "Nova Scotia Conservative told to resign". Toronto Star. October 23, 1986.
  19. "Expelled from caucus, MacLean told to resign". The Globe and Mail. October 25, 1986.
  20. "Irate N.S. Premier ejects maverick from caucus". Toronto Star. October 25, 1986.
  21. "Nova Scotia Assembly recalled to oust MLA". The Globe and Mail. October 28, 1986.
  22. "Nova Scotia House ousts ex-minister". The Globe and Mail. October 31, 1986.
  23. "Premier weeps in legislature as maverick Billy Joe expelled". Toronto Star. October 31, 1986.
  24. "Billy Joe affair could haunt N.S. government for months". The Globe and Mail. November 1, 1986.
  25. "Expulsion illegal under Charter, former N.S. minister tells court". The Globe and Mail. November 29, 1986.
  26. "Law barring Billy Joe Maclean violates his rights, lawyer says". Toronto Star. December 23, 1986.
  27. "'Billy Joe affair' raises serious legal questions". The Globe and Mail. January 3, 1987.
  28. "Court clears way for Billy Joe MacLean to seek seat in legislature that ousted him". Toronto Star. January 7, 1987.
  29. "Ousted MLA can run N.S. judge decides". The Globe and Mail. January 7, 1987.
  30. "Return of By-election for the House of Assembly 1987" (PDF). Elections Nova Scotia. 1987. Retrieved 2014-11-17.
  31. "Ousted MLA regains seat in N.S. vote". The Globe and Mail. February 25, 1987.
  32. "Expelled politician wins squeaker". Toronto Star. February 25, 1987.
  33. "Returns of General Election for the House of Assembly 1988" (PDF). Elections Nova Scotia. 1988. p. 99. Archived from the original (PDF) on 2014-05-12. Retrieved 2014-11-17.

Further reading

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

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