Court declines to answer Nova Scotia's question on Chignecto Isthmus

Taryn Grant · CBC News

· Posted: Jun 13, 2025 3:37 PM EDT | Last Updated: June 13

Nova Scotia's highest tribunal says it volition not measurement successful connected who has legislative authorization implicit the Chignecto Isthmus, calling the province's question "too problematic to answer."

Nearly 2 years ago, the Nova Scotia authorities asked the Nova Scotia Court of Appeal a question astir the constrictive and low-lying portion of onshore that connects Nova Scotia to New Brunswick. 

It asked: "Is the infrastructure which protects the interprovincial transportation, commercialized and connection links crossed the Chignecto Isthmus wrong the exclusive Legislative Authority of the Parliament of Canada?"

Over respective days earlier this year, a sheet of 3 judges heard arguments from lawyers for the governments of Nova Scotia and Canada astir the province's question. Prince Edward Island and New Brunswick besides made submissions arsenic interveners successful the lawsuit and supported Nova Scotia's position.

Enlisting the tribunal successful a governmental dispute

In a determination released Friday, the tribunal declined to reply Nova Scotia's question, saying it was "vague," "imprecise" and had "political undertones."

"The inheritance starring up to the Question suggests it is an effort to enlist the Court successful a governmental quality — that is — who is liable to wage for the remediation of the Isthmus?" wrote Chief Justice Michael Wood, Justice David Farrar and Justice Anne Derrick.

The judges referred to the protracted quality betwixt the national authorities and the governments of Nova Scotia and New Brunswick implicit backing for bolstering the dikes that support the isthmus.

Upgrades to the aging dike strategy are estimated to outgo $650 cardinal implicit 10 years. Experts accidental the enactment is indispensable to support the country against rising oversea levels and worsening storms caused by clime change.

Inundation of the isthmus could chopped disconnected overland commercialized and harm connection lines betwixt Nova Scotia and the remainder of Canada.

Ottawa has offered to wage half, with Nova Scotia and New Brunswick covering a 4th each. The provinces some agreed to this, but Premier Tim Houston has continued to propulsion for afloat national coverage.

Houston has said that the tribunal lawsuit would assistance determine who should pay, successful spite of lawyers for his authorities saying they were not looking to the tribunal to find fiscal responsibility.

"We admit our work to supply proposal erstwhile a notation is made to this Court, however, the Governor successful Council should not beryllium utilizing the notation process for a governmental purpose. The notation process is not a mechanics for achieving governmental ends," the judges wrote.

All law questions are political, Houston says

Houston said helium was disappointed the tribunal chose not to answer.

"When the Court is asked a question astir interprovincial affairs, it should reply it," the premier said successful a connection sent to CBC News by his property secretary.

"Every azygous law question of the tribunal that crosses national and provincial jurisdictions has imaginable governmental overtones. This is not a morganatic crushed to debar answering an important, tenable question."

He pointed to the c taxation arsenic an illustration of a governmental taxable that the Supreme Court of Canada ruled on.

The judges pointed to different illustration from the Supreme Court of Canada successful which the tribunal "warned astir courts being drawn into a governmental controversy." In treatment astir a notation question astir Quebec secession, the tribunal argued there indispensable beryllium a "sufficient ineligible constituent to warrant the involution of the judicial branch."

The tribunal said the question was vague insofar arsenic it wasn't tied to immoderate caller authorities and would necessitate speculation astir aboriginal legislation.

The determination noted that some Nova Scotia and New Brunswick person a past of passing authorities astir the isthmus.

"The vaguely worded Question intended to foist jurisdiction connected Canada concerning a taxable successful narration to which the provinces person been legislating for decades would beryllium excessively problematic to answer."

The judges said the question was imprecise successful describing the infrastructure that needs protecting.

"There is nary statement of the size, scope and determination of the dykes astatine issue, which would make uncertainty astir the limits of immoderate determination we mightiness marque regarding jurisdiction implicit them."

In effect to the court's decision, Nova Scotia MP and national Justice Minister Sean Fraser said Ottawa "remains committed" to protecting the isthmus.

"We basal acceptable to enactment unneurotic with Nova Scotia and New Brunswick, and we volition wage fractional of the project's cost, $325 million," Fraser said successful an emailed statement.

"Protecting this portion of onshore is captious to our region's connectivity, system and our prosperity."