Dartmouth Cove: Eelgrass, Legal Escalation, and the Province's attempt to undermine Easements

Our second Valentine’s Day BioBlitz was another successful demonstration of what we're working so hard to protect.

Divers, snorkelers, scientists, photographers, and neighbours came together to document what is actually living in Dartmouth Cove.

One of the most significant discoveries of the morning was the presence of a substantial eelgrass meadow is present in the Cove.

Humped Ancula Sea Slug in Dartmouth Cove

Eelgrass is not just marine vegetation. It is recognized by Fisheries and Oceans Canada as ecologically important habitat. It helps to stabilize sediment, improve water quality, and most importantly, captures and stores carbon.

Across Atlantic Canada, governments and researchers are investing heavily in eelgrass restoration projects. In Dartmouth Cove, we already have a thriving meadow.

Protecting existing eelgrass is far easier, and far more effective, than attempting restoration after destruction. The presence of eelgrass alone should give decision-makers pause.

Contrary to claims by ARCP, Dartmouth Cove is not lifeless, or full of toxic sludge. The Cove is a vibrant and flourishing ecosystem that demands protection.

The Department of Fisheries and Oceans is still actively reviewing the infill application for Dartmouth Cove. Please reach out and encourage them to reject ARCP's application. Visit www.savedartmouthcove.com/how-to-help.

ARCP Files Notice to Challenge HRM’s Bylaw

On the same week that eelgrass was documented in the Cove, 4197847 Nova Scotia Ltd. (associated with Atlantic Road Construction & Paving) filed notice in Nova Scotia Supreme Court challenging HRM’s Dartmouth Cove bylaw.

According to reporting in AllNovaScotia, the company is asking the court to declare the bylaw, “illegal, discriminatory, and arbitrary”.

They are seeking to have the bylaw quashed, arguing that it amounts to what they describe as an “unlawful constructive taking.” None of these claims have been tested in court and HRM has not yet filed a response. The matter is expected to be heard in June.

ARCP still does not have authorization from Fisheries & Oceans Canada to destroy fish habitat.

Legal escalation was always something that ARCP had threatened to move forward with once Council moved to protect Dartmouth Cove. Environmental protections are often challenged but that generally indicates why they were necessary in the first place.

The bylaw was passed through a democratic process after public engagement and staff review. It reflects Council’s effort to protect a vulnerable public water body while jurisdictional questions are clarified.

Proposed Provincial Changes to Easement Law

We were also alerted to proposed amendments in the Province’s omnibus budget bill (Sections 52 & 53) that could have broader implications.

Based on initial legal analysis shared with us, these changes could allow a property owner to apply to the Supreme Court to terminate a community or conservation easement due to “extreme hardship.” How this could potentially impact the easement along Dartmouth Cove is unknown, but this is exactly the type of argument that the current land owners would like to make.

Currently, community and conservation easements, particularly perpetual ones, can only be terminated by agreement of both parties or under very limited circumstances.

If passed as drafted, these amendments could undermine the permanence of conservation easements and create uncertainty for protected lands. This is already a significant concern with Houston's government given their lack of action to pursue land protection targets.

We are reviewing the language carefully and will share further updates as the legislation progresses and public participation opportunities become available.

If you’re also interested in showing the Houston government your frustration with their actions, there will be another “Shoulder to Shoulder” protest held in front of the Legislature, Tuesday March 3rd.