“Why Should I Be the First?”

By Christopher Trider

In Court on April 1, Judge Brothers asked Jamie Simpson to explain:

If Canadian courts were to recognize the public trust doctrine, then future Ministers of Lands & Forestry could more easily be held responsible if they failed to consult the public on critical decisions that appeared to be in violation of the public trust.

So it was not surprising that Judge Brothers asked Simpson to explain, “Why should I be the first judge in Canada” to rely on the public trust doctrine, given the reluctance thus far of other Canadian judges to cite the doctrine. Simpson went through statements of Canadian judges from a series of cases arguing for the benefits of incorporating public interest doctrine into Canadian law; from their perspective, the common law is not a fixed, unchanging entity, but something that has changed over time in order to deal with changes in the world at large.

Owls Head Goes to Court by Richard Bell


I can answer Judge Brothers’s question: because somebody has to be the first.

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Parks and Protected Areas: What the Government Tells the World

If you have a few seconds, read what the Nova Scotia Government tells the world on its official website about protected areas like Owls Head Provincial Park, site #694.

You will note at no point do they say ” we will secretly negotiate to remove selected protected areas in the plan when approached by lobbyists for wealthy American developers who feel they need golf courses instead of important ecological areas. “At no point do they say, ” we will lie about the history of any protected area we select, and sanitize our websites of any record of it to facilitate its sale for the profit and enjoyment of the few.”

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Paying Twice

On April 1, the government of Nova Scotia — Premier Rankin’s government — will be arguing against the people of the province in favour of a secret deal to sell the 700-acre public park at Owls Head to a private development company. They are essentially fighting the public interest in Read more…