How Nova Scotia naturalists forced the province to uphold its Endangered Species Act

Zack Metcalfe
Canada’s National Observer
June 22, 2020

Featured Photo: Canada Warbler by Jason Dain

Full Article Here>

The Nova Scotia government just lost a 16-month lawsuit to a flower, moose, turtle, two birds and a tree, which, it goes without saying, has never happened before.

Zack Metcalfe

This is the first time Nova Scotia’s Endangered Species Act has been the subject of legal action, and the first time such legislation has been upheld in a Maritime court, setting several legal precedents that could have enormous consequences for regional conservation. […] Juniper Law is preparing for another lawsuit against the Department of Land and Forestry for its controversial decision to delist Owls Head Provincial Park on the province’s eastern shore, and attempt to sell it to a developer for the construction of three golf courses, thus undermining the sanctity of other protected areas across the province.

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Federal Land Parcel Goes to Environment and Climate Change Canada

We are excited to announce that the federal parcel of land adjacent to Owls Head Provincial Park has officially been transferred to Environment and Climate Change Canada … a monumental step in the Save Owls Head Park campaign.

This would not have been possible without the intense opposition to the sale of public parkland or the committed advocacy of our conservation partners. We would especially like to thank CPAWS NS, who have been working tirelessly to save this ecologically significant property and its 45-year history of promised protections. The importance of your work at the provincial and federal levels cannot be overstated.

We are also grateful to the government of Canada and the Honourable Jonathan Wilkinson (Minister of Environment and Climate Change Canada) for recognizing the importance of this representative coastal ecosystem. Thank you for your commitment to honour the best and highest use of Owls Head Provincial Park.

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New Freedom of Information Request Reveals Government Process to Facilitate Sale of Owls Head Provincial Park

Public servants have been working with the prospective buyer, Lighthouse Links Development Corporation, to facilitate the sale of Owls Head Provincial Park

Update: In November 2019, Lands and Forestry had to file more documents in the Supreme Court of Nova Scotia, in response to the applicant’s request for a judicial review. As a result, we learned that the price for this unique coastal ecosystem had been assessed at $306/acre.

This means that 704 acres would only cost the developer $216,000, far below the asking price of nearby parcels. The appraiser (Turner and Drake) had determined the price based on the land being undevelopable, yet Lighthouse Links does plan to develop it.


Included in the Freedom of Information (FOIPOP) package are the signed Letter of Offer for the sale of Owls Head Park Reserve, a Valuation Report, and emails between members of the government staff and Gilbert’s representatives.

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NDP's Gary Burrill at Save Owls Head Rally - Photo by David Sorcher

Gary Burrill Introduces The Owls Head Act

Watch the Brief Video>

On February 26, 2020, Gary Burrill, leader of the NDP of Nova Scotia, introduced a bill to strengthen the Provincial Parks Act, the Special Places Protection Act, and the Wilderness Areas Protection Act. This bill aims to clarify the protections that the aforementioned acts afford to wilderness areas that are awaiting final designation as Parks or Park Reserves. If passed, the act would prevent the removal of lands without public notice or consultation. This Act may be cited as the Owls Head Act.

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Owls Head Provincial Park and Legal Designation

Guest Post by Karen McKendry
Wilderness Outreach Coordinator, Ecology Action Centre
February 21, 2020

Owls Head Provincial Park has been proposed for legal protection as a park for a long time and effectively used as an unmanaged park since at least the 1970s. But why was it not legally protected before? And why does that matter? And what’s this plan that it was listed in?

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Principles of the Coastal Protection Act

Bill No. 106 (as passed).

Excerpt:

This Act is based on the following principles:

(a) portions of the Province’s coast are dynamic and naturally migrate landward and seaward as a result of the interaction of natural forces such as tides, winds, currents and wave action with varying geological conditions;

(b) preservation of the dynamic nature of the coast is important in order to protect and allow for the natural adaptation of coastal ecosystems that provide fish, wildlife and plant habitat and perform important ecological functions that Nova Scotians value; (more…)