Group News
Bill 19 (The Owls Head Act) is defeated
On November 3, Bill 19 (The Owls Head Act) was defeated with a vote of 28 against and 22 in favour. But what does that mean, how did each MLA vote, and where do we go from here?
(more…)Group News
Fall 2021: Proposed Owls Head Act Re-Introduced
This Bill strengthens the process for designations and removal of designations under the Provincial Parks Act, the Special Places Protection Act and the Wilderness Areas Protection Act. Owls Head Act Bill 191st Session, 64th General AssemblyIntroduced by Gary BurrillFirst Reading: October 15, 2021 Read the bill Background: Gary Burrill, leader of Read more…
Group News
Message from Eastern Shore Forest Watch Association
If you believe that the people of Nova Scotia deserve better, that the planet deserves better, please donate today. Big or small, your contribution will help us to push for better legal protections for public lands. Thank you!
(more…)Group Actions and Events
Press Release: Applicants headed to Court of Appeal
FOR IMMEDIATE RELEASEOctober 8, 2021 Owls Head Provincial Park Court Appeal Bob Bancroft and Eastern Shore Forest Watch Association hope that their case will be the first in Canada to usher in a new age in environmental law in Canada. Respected wildlife biologist Bob Bancroft and local environmental group Eastern Read more…
Articles
Court examines procedural fairness,
‘public interest doctrine’ in fight over parkland’s pending sale
… The written decision notes that if the land “had been formally designated as a provincial park, as was represented to the public,” any change to its status would have been made public knowledge.
“Ultimately, the government’s own misrepresentation of the status of the lands shielded its actions from scrutiny and allowed purportedly protected lands to be considered for sale, out of the public eye,” wrote the court.
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For Immediate Release
Statement about the Owls Head Court Decision
Bancroft v. Nova Scotia (Lands and Forestry) 2021 NSSC 234 August 1, 2021 To the people of Mi’kma’ki (Nova Scotia): We would like to extend our gratitude to the applicants—respected wildlife biologist Bob Bancroft and local environmental group Eastern Shore Forest Watch Association—for standing up for Nova Scotia’s parks and Read more…
Group Actions and Events
Supreme Court Decision
Bancroft v. Nova Scotia (Lands and Forestry), 2021 NSSC 234 SUPREME COURT OF NOVA SCOTIA Citation: Bancroft v. Nova Scotia (Lands and Forestry), 2021 NSSC 234 Date: 20210726 Docket: Hfx, No. 496023 Registry: Halifax Between: Robert Bancroft and Eastern Shore Forest Watch Association (Applicants) Nova Scotia Minister of Lands and Forestry and Attorney General of Nova Scotia (Respondents) Read more…
Chris's Corner
“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.
Owls Head Goes to Court by Richard Bell
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.
I can answer Judge Brothers’s question: because somebody has to be the first.