Lake Pisiquid emergency order renewed, to be challenged in court

A state of emergency declared for the Windsor, N.S. area on June 1 was renewed on Thursday for the second time.

“The order will continue to be renewed as long as it’s needed for public safety,” Nova Scotia EMO Minister John Lohr told media last week.

Lohr continues to cite a risk of wildfires as the reason for the renewal that keeps that Avon River aboiteau gates shut.

“In terms of our decision, we know that if we were to let that water go now, when we need it it won’t be available,” Lohr told Global News today.

“In fact, we believe that we would not even be able to refill it during the summer months if we wanted to. That just simply wouldn’t be possible.”

The gates have now been shut for more than a month and, since then, rainfall across the province has kept fire weather forecasts at “low.”

“Although it has been a little bit wet the last couple weeks, we know on average that doesn’t stick around,” said Lohr. “So, as long as the wildfire season is in place, the summer season, we’re going to continue to have the water in Lake Pisiquid. That is our intention and we stand by that decision.”

The divisive decision will now be heading to court, as local fisherman Darren Porter and his team at Juniper Law is challenging the state of emergency and the accompanying direction that resulted in the blockage of fish passage.

“It’s a really important case because it’s about the proper use of the emergency management act,” said Juniper Law lawyer Richelle Martin.

“And, because the act confers such broad powers on the minister, it’s really important that this act is used appropriately and saved for emergencies.”

Martin says Porter and the Juniper Law team have “some strong evidence of the lack of the need for the state of emergency” and feel confident in the evidence that they are putting forward.

Lohr says he has “no comment” on the Supreme Court challenge, set to be heard beginning on July 18.