Minister criticized as N.S. extends emergency order to shut aboiteau gates at Windsor causeway

Nova Scotia has issued a two-week extension to the emergency order in place to keep the Windsor causeway aboiteau gates closed, filling Lake Pisiquid with water.

The extension was posted to a provincial website late Thursday afternoon.

Hours earlier, John Lohr, the minister responsible for the Office of Emergency Management, declined to say whether the order would be extended when asked by reporters.

"The order will be renewed as long as it's needed for public safety," he said following a morning cabinet meeting.

When he was asked why he couldn't provide a firm answer, Lohr repeated the same response.

Two weeks ago, Lohr said the emergency order was required because water resources were needed for fire protection, even though there were no wildfires burning in Windsor.

The gates of the aboiteau, which allow tidal waters to flow in and out of the Avon River, will remain closed so the river can refill Lake Pisiquid, a precaution meant to maximize water supplies and keep residents in the Windsor area safe, according to a June 1 news release from the province.

The issue has been politically contentious. Until two weeks ago, the lake was almost entirely drained due to a federal order from 2021 that required the gates to be opened fully each day for 10 minutes during incoming and outgoing tides to allow for fish passage.

Premier Tim Houston and PC MLA Melissa Sheehy-Richard recorded a video last month saying Lake Pisiquid needed to be saved. The provincial order has done that, at least for the time being, by keeping the gates closed.

The provincial emergency order issued June 1 overrode the federal order, which was quietly allowed to expire by federal Fisheries Minister Joyce Murray last weekend.

A spokesperson for Murray said the federal Department of Fisheries and Oceans will wait to hear what the Nova Scotia government decides to do before Ottawa makes any decisions about the federal order.

Hants County marine conservationist Darren Porter is taking the province to court over its handling of the emergency order. On Thursday, he was given dates to return to court in July. 

The day after the emergency order was issued, Lohr said his department received a request from the local fire authorities in Windsor to provide additional water resources.

But Porter said he has a signed affidavit from Windsor fire chief Jamie Juteau saying that request was never made. Porter plans to use that in his court case.

"I know Minister Lohr well, John and I have talked about the causeway issue many times over the years, even at my kitchen table," said Porter. "But right now I am extremely disappointed with him."

Lohr has faced criticism from opposition leaders after delivering a series of non-committal answers about the issue.

"The questions were asked to him over and over again, and he wouldn't answer the question about whether public safety requires it, when he's the guy who makes the decision," said NDP leader Claudia Chender. "It's a complete head scratcher and I think it's embarrassing."

Liberal leader Zach Churchill was similarly disapproving.

"It's strange and it certainly leaves one very suspicious," he said. "They've been very sneaky about this issue and dishonest."