Court upholds ruling requiring consultation with Nova Scotia First Nation on pulp mill

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In a unanimous ruling issued Tuesday by a three-judge panel, Justice Joel E. Fichaud writes that the province’s funding agreements with the mill constitute government conduct with ‘a potential for adverse impact’ on the Pictou Landing First Nation

Andrew Vaughan/The Canadian Press

Fichaud said that’s because the agreements and the funding they provide increase the likelihood the mill will discharge contaminants after the legislated Jan. 31 closure date of the current effluent treatment plant at Boat Harbour, N.S.He said the potential impacts are “more than inconsequential” and require the government to consult with the Mi’kmaq.

In a Nova Scotia Supreme Court ruling last fall, Justice Timothy Gabriel ruled that if the province becomes a financial backer of the effluent treatment plant, that raises questions of whether the level of funding will result in “upgraded safeguards” in light of what the people of Pictou Landing First Nation have endured.

The province and the mill signed several agreements culminating in a Dec. 2017 deal that would see Northern Pulp reimbursed up to $8 million for detailed design and engineering costs for the new effluent treatment plant.In March, the provincial Liberal government told the company it needed more information before it could grant environmental approvals for a project that includes a pipe pumping 85 million litres of treated effluent daily into the Northumberland Strait.

 

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