Tory effort to gain access to Bay Ferries management fee faces headwinds

It could be a month or more before the Progressive Conservative caucus learns whether its effort to gain access to the management fee the province pays Bay Ferries can continue.

Justice Peter Rosinski reserved his decision Monday following arguments in Nova Scotia Supreme Court by lawyers for the company that operates the ferry service between Yarmouth and Bar Harbor, Maine, and the Tory caucus.

At issue is the appeal the Tories filed to a government decision not to release the management fee, despite a recommendation from the province's privacy commissioner to do so.

Because the commissioner's recommendations are non-binding, going to court was the final avenue available to the party.

While the Tories filed the appeal within the allotted time period, the party did so in the name of the caucus, not the employee who filed the original freedom of information request.

Tories say intent was clear

Nicole LaFosse Parker, counsel for the caucus and chief of staff to Tory Leader Tim Houston, argued Monday that the party should be able to substitute Houston's name on the appeal and proceed.

She argued it was clear the original application was on behalf of the party and so Houston, as leader, should carry the weight and risk of the appeal.

LaFosse Parker said to leave it to an employee is to place too much responsibility on a single staff member and fails to consider that person could leave their job or perhaps even die before the process is able to play out.

It's for those reasons, she argued, there should be a broad-minded reading of the Freedom of Information and Protection of Privacy Act.

But Scott Campbell, representing Bay Ferries, said a caucus is not a recognized person under the act.

Furthermore, he noted Houston's name was not on the original application, and so the request from the Tories isn't simply to replace the caucus name with that of the person who filed the initial application.

"Neither Mr. Houston nor the PC caucus have the standing to appeal the decision in question," he told the court.

Not a trivial matter

Campbell said the issue isn't trivial because it involves "confidential business information of significant importance [to Bay Ferries]," and so the company should be able to expect the process is followed in the correct fashion, according to the law.

Outside the courtroom, LaFosse Parker said there are dates in May for the parties to file affidavits and she expects to have something from Rosinski before then. If the Tories are allowed to continue their appeal using Houston's name, the matter is due back in court June 17.

Should the caucus lose its challenge, LaFosse Parker said the intention is to refile the freedom of information application in Houston's name and allow the process to play out all over again.

"We're going to be in the same position two or three years from now if they find against us," said told reporters.  "This would decrease the cost and the resources used."

MORE TOP STORIES