West Hants council apologizes for 2021 letter that ‘may have infringed on First Nations’ rights’
West Hants council is apologizing for any misconceptions that may have occurred last year when it urged the former federal Fisheries minister to not renew the ministerial order at the Avon River causeway gates.
“While the original intent of the motion was to highlight the concerns of affected residents … looking back at the motion, it may have infringed on First Nations' rights,” Mayor Abraham Zebian said at an April committee of the whole meeting.
“That wasn't the intent of the original motion.”
The original letter was sent to then-Fisheries minister Bernadette Jordan urging her to reconsider the March 2021 ministerial order that required
Windsor's Lake Pisiquid be drained and the aboiteau gates at Windsor's controversial causeway, which opened in 1970, remain open whenever the tide is out.
The causeway gates were also required to stay open for at least 10 minutes for all incoming saltwater tides to
passage. allow for improved fish This ministerial order has been renewed automatically every two weeks since it was enacted.
At the time council wrote its letter, councillors were hearing from constituents that were concerned with the impact of losing Lake Pisiquid.
Council heard from the athletes who trained there, the farmers who drew water from the upper branches of the river that were concerned with increased salinity, and the residents and business owners impacted by the smell and dust storms from a dried lakebed.
Concurrently, the provincial government was working on twinning Highway 101 between Three Mile Plains and Falmouth and were required to present a viable plan to the federal government to ensure adequate fish passage at the causeway. Tensions in the community were heightened.
Zebian and Coun. Jim Ivey spoke about the 2021 letter and how to rectify it at the April 12, 2022, committee of the whole meeting.
They proposed that council should consider sending a follow-up letter to the current federal Fisheries minister, Joyce Murray, and to the Nova Scotia Assembly of Mi'kmaq Chiefs.
“It just hasn't sat well with me thinking that we may have infringed upon these rights and West Hants Regional Municipality respects all groups, all people, all ethnicities, especially the law of Canada,” said Zebian.
“In hindsight, more should have been added to the motion that I crafted at the time. But, again, there's no shame in making a mistake but a shame in not correcting it if it can be corrected at a later date.”
Ivey said he thought acknowledging council's mistake by way of a formal letter was “the right thing to do.”
On April 26, council formally approved sending a letter to Murray, noting council realizes that it was not appropriate to send the letter requesting such action from DFO and asks
to withdraw the request that was made, as well as a letter to the Nova Scotia Assembly of Mi'kmaq Chiefs, acknowledging the letter and apologizing for overstepping council's authority and for any infringement upon their rights.
In an interview in May, Zebian said it was the appropriate action to take.
“Jurisdictional wise, it's better for council to stay within its lanes and pay attention to the jurisdiction that it's been elected to represent.”
He said the letters show council's respect for the laws governing Canada and treaty rights.
“It just reflects the values that West Hants holds. We respect treaty rights, we respect First Nations; we're very law-abiding citizens here in West Hants Regional Municipality and I think the motion will reflect our values.”