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Court Declines to Decide Who Pays for Chignecto Isthmus Upgrades

Finding the funding question politically charged and imprecise, judges left Nova Scotia to consider appealing to the Supreme Court.

Nova Scotia's provincial flag flies on a flagpole in Ottawa on June 30, 2020. THE CANADIAN PRESS/Adrian Wyld

Overview

  • Nova Scotia filed a reference in July 2023 asking the province’s Court of Appeal to rule if Parliament holds exclusive authority over the 13-kilometre land bridge’s dykes and flood protections.
  • On June 13, the court rejected the question as too politically charged and imprecise for judicial determination.
  • Premier Tim Houston criticized the ruling for sidestepping a key constitutional issue and expressed deep disappointment in the court’s refusal to rule.
  • The attorneys general of New Brunswick and Prince Edward Island supported Nova Scotia’s position while Ottawa had argued the case was an abuse of the court’s time.
  • With the $650 million climate-resilience project on hold, Nova Scotia is now weighing an appeal to the Supreme Court of Canada.