N.S. premier disappointed court won’t decide who is responsible for Chignecto Isthmus

The Isthmus of Chignecto is pictured in May 2025. (CTV Atlantic/Jody Jessome)

HALIFAX — Nova Scotia’s premier says he’s disappointed the province’s Court of Appeal has declined to say which level of government has responsibility for the land bridge to New Brunswick.

In its decision released Friday, the court said the Nova Scotia government was potentially using the case for political purposes. It said the question posed by the province was imprecise and had political undertones, making it “inappropriate to answer.”

In a statement, Premier Tim Houston said Monday the court’s justification was not a legitimate reason to avoid answering the question.

“When the court is asked a question about interprovincial affairs, it should answer it. Every single constitutional question of the court that crosses federal and provincial jurisdictions has potential political overtones,” he said.

Nova Scotia has long maintained that the federal government should pay the entire cost of upgrading protections for the Chignecto Isthmus -- currently estimated at $650 million -- but Ottawa has agreed to pay only half of the project.

In July 2023, the province asked the court to settle the constitutional question of whether the transportation, trade and communication links across the land bridge are within the exclusive legislative authority of Parliament.

The Attorney Generals of New Brunswick and Prince Edward Island supported Nova Scotia’s position in this case.

“The question of who is responsible for the sole link between a province and mainland Canada is very important to Nova Scotians and I am disappointed that this court chose not to answer,” Houston said.

A spokesperson for the premier said an appeal to the Supreme Court of Canada is possible in a case like this, and government will take time to review the decision then consider next steps.

Ottawa has argued Nova Scotia’s attempt to persuade a panel of judges to conclude Ottawa has responsibility for the infrastructure is a “waste and abuse” of the court’s time.

On May 21, Lawyer Lori Ward told the three-member Nova Scotia Court of Appeal panel that “the ultimate issue despite all protestations to the contrary, is funding.”

“It’s clear that Nova Scotia writ large designed this reference as a political pressure tactic to be used as ammunition in the political arena and as such we would argue that it’s not just a waste of this court’s time, it is an abuse of this court’s time,” said Ward.

The isthmus has had large dikes since 1671, when Acadian settlers arrived, and there are currently about 35 kilometres of dikes that help protect roads, farms and communities.

This report by The Canadian Press was first published June 16, 2025.