HALIFAX -- Nova Scotia's Court of Appeal has reserved its decision on whether the federal government is responsible for the dike system that protects the low-lying land corridor linking Nova Scotia with New Brunswick.
The governments of Nova Scotia, New Brunswick and Prince Edward Island want the court to settle the constitutional question of whether the Chignecto Isthmus is within the exclusive legislative authority of the Parliament of Canada.
The provinces maintain that the federal government should pay for the entire cost of upgrading the isthmus -- currently estimated at $650 million -- but Ottawa has agreed to only pay for half of it.
A lawyer for the federal government argued before a three-member judge panel today that the constitutional question posed by the provinces is vague and lacks evidence.
Lori Ward says the legal case is an attempt to "enlist the court" in what is really a funding dispute, saying the panel should refuse to answer the provinces' question.
Nova Scotia's lawyer, Jeremy Smith, argued today that the dike system is "integral" to protecting the rail and communication lines that run through the isthmus, both of which are the responsibility of the federal government.
Climate researchers warn that one severe tidal storm is capable of overcoming the area's dikes, flooding communities and halting the transportation of goods and services across the area.
The Court of Appeal said it would rule on the matter at a later date.
This report by was first published March 11, 2025.