Court rules N.S. cabinet order to refill Lake Pisiquid ‘rational, logical and justified’

A Nova Scotia Supreme Court judge has recently dismissed an attempt by a fisherman and researcher to seek a judicial review of the provincial government’s emergency order to maintain Lake Pisiquid in Windsor, N.S. Darren Porter initiated the court action in June 2023 following a decision by John Lohr, who was then the minister responsible for emergency management, to close the gates to the aboiteau at the Avon River causeway.

The closure of the gates, which regulate the flow of tidal waters in and out of the Avon River, resulted in Lake Pisiquid refilling instead of draining as it had been doing since March 2021. This initial decision to open the gates daily was made by the federal government to improve fish passage, causing a drop in the lake’s water level and creating discord within the community.

Minister Lohr declared a state of emergency on June 1, 2023, due to the wildfires raging in the province, which had placed significant demands on resources and personnel. At that time, Nova Scotia was battling two major wildfires in Shelburne County and the Upper Tantallon area outside Halifax, resulting in the destruction of 200 homes.

The emergency order to maintain Lake Pisiquid was initially issued to ensure the availability of water resources for firefighting efforts. Even after the wildfires were contained, the minister continued to renew the order, citing the need to protect a vital water source that local fire departments could utilize in case of a major fire in Windsor. The cabinet has renewed this order every two weeks since June 2023, including the most recent renewal.

Porter contested the emergency order, claiming that there was no immediate threat to property or public safety in Windsor. He also alleged that Minister Lohr exploited the wildfires for political gain. The issue of draining Lake Pisiquid became a contentious matter that divided opinions between the provincial and federal governments.

In a recent written ruling, Justice Darlene Jamieson upheld the province’s decision, deeming it to be rational, logical, and justified. Despite the court’s decision, Porter’s lawyer, Jamie Simpson, expressed disappointment with the outcome, questioning the minister’s justification for keeping the gates closed based on the risk of forest fires.

The ongoing dispute over Lake Pisiquid highlights the complex interplay between environmental conservation, emergency management, and community interests. As the legal battle continues, stakeholders will need to find a balanced solution that addresses both the environmental concerns and the safety needs of the community.