A federal lawyer says Nova Scotia and New Brunswick’s legal attempt to determine who has jurisdictional responsibility for the infrastructure on the Chignecto Isthmus is a “waste and abuse” of the court’s time.

Lawyer Lori Ward told the Nova Scotia Court of Appeal that the issue before it is actually a “pressure tactic” to be used as “ammunition in the political arena.”

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Ward points out that even if it’s decided that Ottawa has sole jurisdiction over the low-lying, narrow strip of land that connects the two provinces, it would have no obligation to fund projects aimed at preventing catastrophic flooding.

She says the federal government has already committed to fund half of the estimated $650 million needed to upgrade centuries-old dikes that protect the area.

The provinces maintain it’s Ottawa’s responsibility to protect rail, power and communication lines as well as inter-provincial trade from climate-change impacts, but federal lawyer Jan Jensen argued that this does not require Canada to protect the dikes.

The court has reserved its decision.

This report by The Canadian Press was first published May 21, 2025.


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