The Novascotian CELEbrating dEmoCraCy wEEk, SEptEmbEr 15th - 21ST, 2018

Nova Scotia: Cradle of property. The assembly added this clause Like the electoral law of 1851, the 1854 Canadian Parliamentary because, during an election held in 1840, act contained a restrictive clause stating Government a candidate in Annapolis County had that “Indians” and people receiving tried to get some 30 women who had the financial assistance from the government Compared to the rules prevailing in the necessary qualifications to vote, common could not vote. England of George III, those established by law notwithstanding. Further change, more conservative this the Nova Scotia assembly were quite liberal In 1854, Nova Scotia became the first time, came a decade later: the elimination – perhaps even a little too liberal. In 1797, colony in British North America to adopt of universal suffrage and a return to more the assembly reconsidered and tightened universal male suffrage – and it would be restrictive rules. In 1863, Nova Scotia the rules once again. In future, those the only one to do so before Confederation. limited the right to vote to British subjects occupying Crown land by virtue of an That year, the assembly adopted a law to the at least 21 years old who owned property occupancy permit would no longer have effect that British subjects age 21 or older assessed at $150 or more, or personal and the vote, nor would freeholders who had who had lived in the colony at least five real property assessed at $300 or more. not formally registered their property years could vote. It kept the rule allowing The number of eligible British subjects at least six months before an election; freeholders with property generating was expected to increase, however, at least owners of 100 acres of land or more would minimum annual revenue of 40 shillings to in theory, as immigrants now had to live no longer have the vote unless they were vote; this enabled a number of immigrants in the colony for only a year to be declared farming at least five acres of it. of British origin to vote even though they British subjects. It was not until 1839 that the assembly had not lived in the colony for five years. Continued on next page changed the rules again. It upheld the right to vote of freeholders owning property generating annual revenue of 40 shillings 1758 First elected assembly. Eligible to vote: Protestants age 21 or older who own a freehold of any value. but withdrew it from owners of 100 acres of land and those who owned a dwelling with 1783 Assembly gains statutory control of representation and the franchise. their land. However, property owners who met the same conditions as freeholders 1789 Assembly removes religious restrictions on eligibility to vote. could now vote. In addition, mortgagors and co-owners were now eligible to vote, as 1848 First responsible government in British North America inaugurated. were tenants, if they owned an interest in 1851 Right to vote separated from land ownership, extending the franchise real property that earned them at least 40 to men over 21 who have paid taxes in the year preceding an election; shillings annually. number of electors increases by 30 percent. In 1851, Nova Scotia took the significant step of detaching the right to 1854 Universal male suffrage adopted (though it does not include vote from land ownership. The assembly Aboriginal people or people receiving financial assistance from declared that anyone age 21 or older government); number of electors increases by 50 percent. Nova Scotia is first colony in North America to adopt male suffrage who had paid taxes (in any amount) and the only one to do so before Confederation. in the year preceding an election could vote. In ridings where taxes were not yet 1863 Restrictive rules reintroduced – property ownership again a criterion collected, only freeholders with property for eligibility. yielding 40 shillings a year could vote. The same law stipulated, however, that 1867 Rules in place at Confederation: to vote in a federal election held in Nova Scotia, electors have to be male, age 21 or older, and own no woman could vote even if she met the property of a specified value. legal requirements regarding taxes or 2 The Novascotian

Such were the rules that defined population was made up of Catholic, thE ELECtionS aCt: the Nova Scotia electorate in August Gaelic-speaking Scottish settlers and thEn and now and September of 1867, when the first Acadians, also Catholic, who spoke only On October 2, 1758, the Nova Scotia House Canadian federal election was held. French. To participate in the proceedings of Assembly met for the first time in a Cape Breton: of a house of assembly under the British modest wooden building at the corner of A Colony Without Voters system of the time, an individual had to Argyle and Buckingham streets in Halifax. With the capitulation of the fortress of speak English and be a non-Catholic. It was an assembly of twenty-two men, Louisbourg in July 1758, Île Royale came Cape Breton gradually became fairly some of whom were from as far away as under the control of the British. Five years prosperous. Early in the nineteenth century, Britain, Germany, and New England, who later, after the Treaty of Paris, London residents began to demand a house of together deliberated as a parliament on joined Cape Breton with the colony of assembly, but London turned a deaf ear. In questions affecting the land in which Nova Scotia; now Nova Scotia’s electoral 1820, with the population of Cape Breton they lived. laws applied to Cape Breton. nearing 20,000, London decided to merge It was a modest beginning with the To reserve the operation of the coal it with Nova Scotia again. The annexation majority of citizens denied the vote. But it mines and fisheries for the Crown, occurred shortly after Nova Scotia’s was an important beginning nonetheless. authorities in England had decided to assembly had adjourned. As the laws of It was the first elected assembly of its kind give residents of Cape Breton occupancy Nova Scotia did not yet apply to Cape in what is now Canada. permits, not freeholds. Suddenly, no Cape Breton, the governor and his councillors As the birth place of parliamentary Breton resident could vote, since only decided who would have the vote in the democracy, as well as the birthplace of freeholders could vote in Nova Scotia. newly annexed territory. freedom of the press and responsible By 1763, Cape Breton was still Giving the vote only to freeholders, government in our country, Nova Scotia’s occupied by a handful of Acadians who as in the rest of Nova Scotia, would be pioneering role in shaping our nation’s had evaded deportation. Between then tantamount to denying it to virtually the democratic institutions has helped secure and the end of the American Revolution, entire population of Cape Breton, as only the rights and freedoms Canadians however, immigrants from the British a handful of speculators had been granted today embrace. Isles, particularly Scotland, settled there. land under its system of tenure since 1784. It’s a story Nova Scotians can be proud Then, in 1784, several hundred Loyalists Nearly all residents were therefore tenants of and all Canadians should celebrate. arrived in Cape Breton, founding the or tenant farmers, leasing Crown land or In 1789, the Act for the better city of Sydney. The same year, London land belonging to a land speculator. The Regulation of Elections (1789) reflected separated Cape Breton from Nova Scotia, governor and council finally decided to that voters – English-speaking male, making it a separate colony with its own give the vote to tenants on Crown land, a Protestant land owners – voted by governor and executive council. decision that was subsequently ratified by declaring the preference out loud before No legislative assembly was the Nova Scotia assembly. Elsewhere in the county sheriff at a poll that was open established, apparently for two reasons. Nova Scotia, Crown land leaseholders would for voting for six days. First, the population was deemed to be not obtain the right to vote until 1851, Today, the Elections Act provides that too poor to support such an institution. some 30 years later. all Nova Scotia residents who are Second, the vast majority of Cape Breton’s Canadian citizens who are at least 18 years of age and were resident in the province at least six months prior to the call of the 1763 Cape Breton is merged with Nova Scotia and becomes subject to its election are eligible to vote regardless of electoral law; no resident can vote, as no freeholds are permitted on sex, religion, or ethnic origin. Moreover, it Cape Breton, and only freeholders can vote in Nova Scotia. goes much further to help ensure that all 1784 The colonies are separated again, but no legislative assembly is eligible voters have ample opportunity to established. exercise their right to vote. 1820 The colonies are rejoined; tenants on Crown land in Cape Breton gain the vote after 57 years without it. Continued on back page 3 The Novascotian

Nova Scotia Firsts for mayor, making her the first woman in community, he was involved in the A native of Sydney, Nova Scotia, the Maritime Provinces to do so. She was formation of the city’s Neighbourhood Gladys Porter moved to Kentville on re-elected for a total of 11 years and only Centre of which he became Program her marriage. She became an active resigned after winning King’s Centre in Director for Youth. In 1971, he was member of several social services the provincial election of 1960, becoming appointed Manager of Province House organizations and supporter of many the first woman to be elected to the Nova and on January 1, 1990 Buddy became charitable causes, while taking a leading Scotia Legislature. At her death in 1967 the first African Nova Scotian to hold the role as an executive member of various she was still a member. post of Sergeant-at-Arms. organizations at the community, county Delmore (Buddy) Daye first came Wayne Adams was first elected to the and provincial levels. In 1943 she to public attention as a champion Assembly for Preston in 1993, becoming became a town councillor in Kentville boxer. Always a popular and prominent the first Black to be a member and and three years later won the election member of Halifax’s African Nova Scotian Continued on next page

DEMOCRACY substantively and procedurally. Furthermore, The franchise was slowly increased and freedom of political expression, freedom of speech, Parliament gradually gained more power until Democracy is a form of government in which and freedom of the press are considered to be the monarch became largely a figurehead. all eligible people have an equal say in the essential, so that citizens are adequately informed decisions that affect their lives. The term and able to vote according to their own best Canada’s Parliamentary comes from the Greek: (dēmokratía) “rule of interests as they see them. It has also been suggested Democracy the people”, which was coined from (dêmos) that a basic feature of democracy is the capacity of Parliamentary democracy is a representative “people” and (Kratos) “power”, in the middle individuals to participate freely and fully in the life democracy where government is appointed by of the 5th-4th century BC to denote the political of their society. parliamentary representatives as opposed to a systems then existing in some Greek city-states, During the Middle Ages, there were various ‘presidential rule’ wherein the President is both notably Athens following a popular uprising systems involving elections or assemblies, head of state and the head of government and in 508 BC. although often only involving a small amount of is elected by the voters. While there is no specific, universally the population and so may be better classified as Under a parliamentary democracy, accepted definition of ‘democracy’, equality oligarchy. Most regions in medieval Europe were government is exercised by delegation and freedom have both been identified as ruled by clergy or feudal lords. to an executive ministry and subject to important characteristics of democracy since The Parliament of England had its roots in ongoing review, checks and balances by the ancient times. These principles are reflected the restrictions on the power of kings written into legislative parliament elected by the people. in all citizens being equal before the law and Magna Carta, explicitly protected certain rights of Parliamentary systems have the right to having equal access to legislative processes. the King’s subjects, whether free or fettered - and dismiss a Prime Minister at any point in time For example, in a representative democracy, implicitly supported what became English writ of that they feel he or she is not doing their job to every vote has equal weight, no unreasonable habeas corpus, safeguarding individual freedom the expectations of the legislature. This is done restrictions can apply to anyone seeking to against unlawful imprisonment with right to through a Vote of No Confidence where the become a representative, and the freedom of appeal. The first elected parliament was De legislature decides whether or not to remove its citizens is secured by legitimized rights and Montfort’s Parliament in England in 1265. the Prime Minister from office by a majority liberties which are generally protected by a However only a small minority actually had support for his or her dismissal. constitution. a voice; Parliament was elected by less that 3 The Prime Minister can also call an election Majority rule is often listed as a percent of the population, as late as 1780, and the whenever he or she so chooses. Typically the characteristic of democracy. However, it is also power to call parliament was at the pleasure of the Prime Minister will hold an election when he or possible for a minority to be oppressed by a monarch (usually when he or she needed funds). she knows that they are in good favor with the “tyranny of the majority” in the absence of The power of Parliament increased in stages public as to get re-elected. By law, governments governmental or constitutional protections over the succeeding centuries. After the Glorious in Canada have to submit themselves to the of individual or group rights. An essential Revolution of 1688, the English Bill of Rights of judgement of the people in an election no less part of an “ideal” representative democracy 1689 was enacted. It codified certain rights and frequently that every five years. is competitive elections that are fair both increased the influence of Parliament. 4 The Novascotian

Continued from previous page Nova Scotia Firsts Cabinet The political executive that develops and Crown. In practice, these positions were often promotes the passage of government policies and awarded to friends and family members of the also the first Black to be named to the legislation. In Canada today, the prime minister governor. In modern terms, the Executive Council Cabinet on his appointment as Minister of selects Cabinet ministers , who each usually head is made up of the prime minister and the Cabinet. and also the first Black to be named to the a department (for example, the Department of Cabinet on his appointment as Minister of Finance). Cabinet members work together to Fathers of Confederation Generally refers to determine the administrative and financial priorities all of the people who represented the British North Supply and Services in June of that year. of the government. Before responsible government, American colonies at one or more of the three In 2000, when Myra Freeman the responsibilities of today’s Cabinet were usually conferences that paved the way for the birth of was sworn in and installed as the 30th carried out by the Legislative Council of the British the Canadian federation (held in Charlottetown, Lieutenant Governor of Nova Scotia North American colonies, which was made up of Québec City and London, England between 1864 members selected by the governor. and 1867). since Confederation, she became the first This system led to nepotism and the abuse of woman to hold that office; additionally, powers of the governor embodied in the Family House of Assembly she was the first Jewish Lieutenant Compact of Upper Canada and the Château Clique (also Legislative Assembly) Governor in Canada. During her term in Lower Canada. Prior to Confederation, the elected body of government in the British North American as Lieutenant Governor she was Constitution A system of rules and/or principles Colonies that had powers to pass legislation, Honorary Patron of more than 50 upon which a nation, state or other group is especially on matters of finance. Until the not-for-profit organizations. governed. In Canada, the constitution is composed granting of responsible government, the In 2000, the office of Sergeant-at- of written documents and unwritten conventions. Legislative Councils were appointed and could In the words of the Supreme Court of Canada: overrule the Houses of Assembly. The provincial Arms was advertised for the first time. “constitutional conventions plus constitutional law legislatures and the House of Commons are the An all-party committee selected equal the total constitution of the country.” Some modern equivalents. Noel Knockwood, a Korean War veteran, acts that make up Canada’s constitution include the who became the first Aboriginal to hold Royal Proclamation, 1763, the Québec Act, 1774, the MLA A Member of the Legislative Assembly Constitutional Act, 1791, the Act of Union, 1840, the in all provinces and territories except Ontario this office. British North America Act, 1867 (now renamed the and Québec, where the designation Member of Mayann Francis became the first Constitution Act, 1867), the Statute of Westminster, Provincial Parliament is used. After a general Black person to hold the office of 1831, the Canada Act, 1982 and the Constitution Act, provincial or territorial election is called, the Lieutenant Governor and the second 1982. British Acts such as the Magna Carta, 1215, person who wins the most votes in a riding Black in Canada to be appointed to are also included. becomes its MLA. that office. Before becoming Lieutenant Enfranchise To give full status to a person as the Responsible government A term used for Governor, she had been Director and citizen of a country or member of a group. government responsible to the electorate (for Chief Executive Officer of the Nova example, through elections). In Canada, the Scotia Human Rights Commission and Executive A person, group or branch of government term was coined in the 1830s in Upper Canada to that has the power and responsibility of putting laws refer to a government that was responsible to the Provincial Ombudsman, being the first into effect. In pre-Confederation Canada, the executive elected members of the House of Assembly. Prior to woman to hold those positions. was made up of the governor and the Legislative and 1848, governors could select the Executive Council Executive Councils. (the equivalent of today’s Cabinet) without the support of the Assembly. On the instructions of Continued from page 2 Executive Council Under the Constitutional the colonial office in Britain, the first responsible Act, 1791, the governor was assisted by an Executive government in British North America was formed ELECtionS aCt Council appointed by, and only responsible to, the in Nova Scotia in 1848. The first noticeable difference is the length of the two Acts, then and now. The original Elections Act was about changes that will facilitate Nova Scotians much on safeguarding the rights of people three pages long. Today, the Act to vote from home or at any returning with disabilities that make it difficult to passed by the Legislative Assembly is office during the election period at their participate fully in elections as it does with more than 170 pages long. convenience. As well, the Elections Act the rights of the majority of electors. Among the provisions in the has been written to facilitate adopting It contains rules and regulations that current Elections Act are: ways of new technology once it is proven to meet ensure a level playing field among people having young Nova Scotians who are standards of integrity and security voters who participate as candidates, the parties not yet eligible to vote, participate as rely on. that sponsor them, and the people who election workers; The new Elections Act is focussed as support them.