Judge reserves decision in emergency order judicial review

Legal Challenge Over Emergency Order to Protect Lake Pisiquid Raises Concerns

A well-known fisherman and conservationist, Darren Porter, has brought forward a judicial review of the provincial government’s emergency order to maintain Lake Pisiquid in Windsor, N.S. His concerns go beyond just the issue at hand, as he sees this case as setting a dangerous precedent for government power and democracy.

Speaking to reporters outside Nova Scotia Supreme Court in Halifax, Porter expressed his worries about the provincial government’s use of “unfettered power” to bypass federal directives they disagree with. He believes that this not only threatens democracy but also poses a risk to fish and their habitat.

The legal action aims to challenge the state of emergency declared by the provincial government in June of 2023, which has been renewed every 14 days by John Lohr, the minister responsible for emergency management. The emergency order mandates keeping the gates of the aboiteau in the causeway by Windsor closed to preserve Lake Pisiquid.

Initially, the order was justified as a resource to combat wildfires in other parts of the province. However, even after the wildfire threat subsided, Lohr continued to renew the order, citing the lake as a potential water source for local fire departments in case of a major fire in Windsor.

Despite a federal directive to keep the aboiteau gates open for fish passage, Lohr’s order took precedence, causing a drop in the lake’s water level and sparking controversy within the community. Local MLA Melissa Sheehy-Richard, who recently won re-election, joined forces with Premier Tim Houston in calling for the lake’s restoration before Lohr’s order was issued.

Porter fears that allowing the province to use emergency orders to override federal directives could have far-reaching consequences. In court, his lawyers argued that Lohr’s decisions lacked justification and were arbitrary, urging Justice Darlene Jamieson to intervene.

On the other hand, the province’s lawyer, Jeremy Smith, defended Lohr’s actions as necessary precautions given the wildfire conditions at the time. He emphasized the importance of having access to the lake as a firefighting resource and refuted claims of political motivation behind the minister’s decisions.

After initially challenging Porter’s standing to pursue the review, the province eventually consented to his public interest standing following questioning from Justice Jamieson. The decision now lies in the hands of the court, as Jamieson reserved her judgment on the matter.