Appeal of Provincial Approval of Three Shelburne Harbour, NS Sites Filed with Supreme Court of Nova Scotia
Two concerned citizens from Shelburne, Nova scotia have filed an appeal with the Supreme Court of Nova Scotia regarding Minister of Fisheries and Aquaculture Sterling Belliveau’s recent decision to approve the lease/licensing of three Inner Shelburne Harbour Salmon Aquaculture Sites.
Marian and Herschel Specter, of Sandy Point, Shelburne County, filed the appeal on June 13, 2011, through their lawyer, Andrew Taillon, of Cox & Palmer. The main ground of appeal is that the Minister’s decision to grant the licenses and leases was unreasonable for several reasons, among which are:
-1. The Minister erroneously treated the sites in question as amendments to existing sites rather than as new sites,
-2. The Minister’s decision violated the directives and guidelines of the Federal Department of Fisheries and Oceans, including, but not limited to, Policy for the Management of Fish Habitat and the Marine Finfish Aquaculture Decision Support System ("MFADSS") and as a result also violated section 35 of the Fisheries Act, R.S.C. 1985, c. F-14,
-3. The Minister failed to engage in a sufficient public consultation process.
Marian Specter stated, “We live near one of the present sites in the Inner Harbour. In August 2009 we found out about three proposed new salmon aquaculture sites in the Inner Harbour.”
The couple was sufficiently intrigued to request information from the province regarding the present Inner Harbour sites.
“The monitoring data we received from the province shocked us into action,” says Marian Specter. The Specters subsequently set up the website friendsofshelburneharbour.org as part of their response.
Now that the Minister has approved the licenses over numerous objections, the Specters believe they now have no choice but to take the matter to the Supreme Court of Nova Scotia.
For further information, please contact Andrew Taillon at (902) 421-6262