Nova ScotiaThe Assembly of Nova Scotia Mi’kmaw Chiefs says their concerns around fish passage related to the Avon River are being ignored and is calling on “meaningful consultation” related to Nova Scotia’s latest proposal to build a stretch of twinned highway over the waterway.Assembly calls for ‘meaningful consultation’ on Highway 101 twinning project proposalListen to this articleEstimated 4 minutesAn aerial view of the Windsor, N.S., aboiteau along the Avon River. (Brian MacKay/CBC)The Assembly of Nova Scotia Mi’kmaw Chiefs says its concerns around fish passage on the Avon River are being ignored and is calling on “meaningful consultation” related to Nova Scotia’s latest proposal to twin a stretch of highway over the waterway.The Nova Scotia government has for two years, through an emergency order, restricted the opening of tidal gates under Highway 101 at Windsor, N.S., arguing that a lake abutting the causeway must remain filled in order to provide a water source to fight potential wildfires.Critics have argued this impedes fish passage, and in a news release Wednesday, the assembly of chiefs said it is seeking “full participation” in decisions around the highway overpass project and called for the restoration of the natural flow of the Avon River.“We recognize that true emergencies require immediate solutions,” Chief Sidney Peters said in the news release. “We communicated that to the province and respected the emergency order being temporarily put in place in 2023.“But this has become a long-term solution that is clearly not working. Their controversial infrastructure with no clear timeline, without adequate consultation is now dishonouring the law, our treaties and the environment.”WATCH | The Avon River overpass was supposed to be done in 2023. Why isn’t it finished?:The Avon River overpass was supposed to be done in 2023. Why isn’t it finished?The twinning project between Three Mile Plains and Falmouth was supposed to be completed almost two years ago. The CBC’s Michael Gorman explains why, after so many delays, officials feel an end could be in sight. Last month, Public Works Minister Fred Tilley said a new design had been sent for approval to the federal Department of Fisheries and Oceans for a structure to replace the current causeway and finally complete the twinning project between Falmouth and Three Mile Plains.A department spokesperson said in an email Wednesday the province’s submission “has been informed by extensive First Nation and community consultation which has taken place over more than six years.” The department is awaiting a decision from DFO.The 9½-kilometre project was first announced in 2016, but has dragged on after an initial overpass that was proposed for the Avon River failed to meet federal requirements for improved fish passage.The man-made Lake Pisiquid along the Avon River was drained in 2021 when DFO ordered the aboiteau gates at the end of the lake to be open for 10 minutes during incoming and outgoing tides from the Bay of Fundy. Some residents of Windsor subsequently complained Lake Pisiquid had turned into a dust bowl, and some farmers who drew fresh water from the Avon River in the area worried about salinity levels due to the now unrestricted tidal waters. Two years later, the lake was refilled after the province issued its order.ConsultationIn the news release, the assembly of chiefs said a consultant has determined there are enough alternate water sources in the area to fight a wildfire, and the province has been told of the findings.Peters said the assembly was surprised to learn of a DFO emergency authorization issued last month to completely close the gates to incoming tidal waters so the West Hants Regional Municipality could pipe salt-free water from the Avon River to Mill Lakes. The Mill Lakes are a drinking supply for three communities. The DFO authorization, which expires on Jan. 1, acknowledged that fish will likely be killed as a result of the gate closure.“Nova Scotia and Canada must end the misuse of emergencies and emergency authorizations, respect our treaty rights, and consult in good faith,” Peters said in the news release.A spokesperson for DFO said they wouldn’t be able to reply to questions from CBC News until Thursday.ABOUT THE AUTHORRichard Cuthbertson is a journalist with CBC Nova Scotia. He can be reached at richard.cuthbertson@cbc.ca.
Mi’kmaw chiefs say Avon River fish passage concerns being ignored
