Chignecto Isthmus case waste of Nova Scotia Court of Appeal’s time, federal lawyer says

Nova Scotia and New Brunswick’s ongoing effort to convince a panel of judges that Ottawa holds the responsibility for the infrastructure on the Chignecto Isthmus has been met with criticism from a federal lawyer. In a recent court hearing, lawyer Lori Ward argued that the focus of the case is ultimately about funding, labeling the reference as a political tactic rather than a genuine legal matter.

The Chignecto Isthmus has been protected by large dikes since 1671, serving as a crucial link between Nova Scotia and New Brunswick. With approximately 35 kilometers of dikes in place to safeguard roads, farms, and communities, the issue of upgrading these protections has sparked a debate between the provinces and the federal government. Nova Scotia has insisted that Ottawa should foot the entire bill for the estimated $650 million project, while the federal government has only agreed to cover half of the cost.

In July 2023, Nova Scotia sought clarity from the court on whether the transportation, trade, and communication links across the isthmus fall under Parliament’s exclusive legislative authority. While the funding aspect was not part of the court reference, the province, along with New Brunswick, presented their case, with Prince Edward Island also granted intervener status.

The federal lawyer argued that even if it is determined that Ottawa has sole jurisdiction over the isthmus, there is no obligation for the government to finance projects aimed at preventing flooding. Despite the ongoing legal battle, Canada has committed to covering 50% of the upgrade costs and is collaborating with the provinces on the project.

Following the hearing, the court reserved its decision on the matter. The provinces assert that Ottawa is responsible for safeguarding critical infrastructure from climate change impacts, including rail, power, and communication lines. However, the federal lawyer contended that protecting the dikes specifically is not a requirement under federal jurisdiction.

Concerns about the risks at the isthmus were raised during the proceedings, with the potential for a catastrophic storm surge to overwhelm the existing defenses. Nova Scotia’s attorney general’s lawyer highlighted the possibility of the region becoming an island in the event of a 12-meter storm surge, emphasizing the urgency of addressing the infrastructure vulnerabilities.

As the legal battle continues, the focus remains on clarifying the respective responsibilities of the federal government and the provinces. While the outcome of the court reference may influence future discussions on funding and infrastructure upgrades, the core issue at hand is the division of authority and obligations in protecting the Chignecto Isthmus.