“Does the Premier regret forcing communities to take his decisions to court for a third time?”

Gary Burrill questions Premier Iain Rankin about a pattern of judicial reviews brought forward by citizens

GARY BURRILL: Mr. Speaker, the Premier’s decisions as minister are now in court a third time. This time, it’s the judicial review from last week of his decision to secretly delist Owls Head Provincial Park with a view to selling it to a developer who would turn it into a golf course.

Does the Premier regret forcing communities to take his decisions to court for a third time now?

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Rally in Review

On April 1, 2021, approximately 100 supporters participated in a demonstration outside the Law Courts in solidarity with judicial review applicants Bob Bancroft and Eastern Shore Forest Watch Association.

Mi’kmaw Grandmother Darlene Gilbert (Thunderbird Swooping Down Woman) gave a land acknowledgement. Scheduled speakers at the demonstration included local resident Beverley Isaacs, Lindsay Lee of Eastern Shore Forest Watch Association, Tynette Deveaux of Sierra Club Atlantic, environmental activist Jacob Fillmore, and Facebook group founder Sydnee Lynn McKay. Nina Newington of Extinction Rebellion emceed the demonstration.

Gary Burrill (leader of the NDP Party) addressed the crowd, as did Thomas Trappenberg (leader of the Green Party) and Jessica Alexander (deputy leader of the Green Party). An Eastern Shore resident who has asked to remain nameless also chose to speak in support of Owls Head Provincial Park.

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RICHARD BELL: Owls Head Goes to Court

The Executive Summary states, “With these changes, the new parks and protected areas system will include: 205 provincial parks.” And “Appendix A: Lands” presented “a complete list of new protected areas, as well as provincial park properties.” The list included 782 properties, listed alphabetically. In position 694, the document lists “Owls Head Provincial Park” as an “existing” park.

What the public was not aware of  was that the province had never gone through the formal process of designating Owls Head Provincial Park as a “park.” And in fact, more than 100 of the other properties in the Plan were in the same undesignated category.

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Press Release: East Coast Environmental Law

Today, Justice Christa Brothers of the Supreme Court of Nova Scotia will hear arguments in a judicial review of the Minister of Lands and Forestry’s decisions to de-list Owls Head Provincial Park from the Our Parks and Protected Areas Plan and to enter into an agreement to sell the land to a private company, Lighthouse Links, for development into a golf resort.  
 
The applicants, Robert Bancroft and the Eastern Shore Forest Watch Association, have argued that the province should have consulted the public before de-listing Owls Head. The park, while not legally designated under legislation, had long been thought to be a park. Additionally, it has been managed by the Department as a park for many years under its Parks Program. 
 
“For forty years the people of Nova Scotia have trusted successive governments which assured us that Owl’s Head was protected as a Provincial Park. Governments must be required to tell the truth about public land, and to consult the public when such a major decision is contemplated”, says Barbara Markovits, a director of the Eastern Shore Forest Watch Association.

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Court to decide the future of Owls Head

Justice Brothers has reserved her decision.

Meanwhile, Premier Iain Ranking appears not to be considering reversing the de-listing of Owls Head.

“On the plaza of the Law Courts, demonstrators have convened in support of the judicial review and they have done so with a sense of great hope,” said NDP leader Gary Burrill during Question Period yesterday.

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