Nova Scotia Legislature passes controversial legislation amending Crown Lands Act

Critics say the bill bypasses treaty rights and could target peaceful protests 

On Friday, Oct. 3, the Nova Scotia Legislature passed a bill that has drawn backlash from Mi’kmaq leaders and activists, who say the government has disregarded treaty rights and could use the legislation to target protestors. 

Bill 127, also known as the “Protecting Nova Scotians Act,” amends seven pieces of legislation and creates one new act. Among other changes, the bill makes it illegal to “block, obstruct use of,” or “impede access to” forest access roads on Crown lands. Offenders could be fined up to $50,000 and/or jailed for up to six months. The bill would also prohibit the construction of structures blocking forest access roads and allow the government to dismantle structures if they pose a threat to the Crown’s “economic interests” or “the lawful use of Crown lands by any person.” In a statement to the CBC on Sept. 24, the Assembly of Nova Scotia Mi’kmaq Chiefs said the amendments “seem to target protest activity on Crown lands, at a time when there are active community concerns about what is happening on Hunter’s Mountain,” referencing a blockade on a forest access road organized by a Mi’kmaq group in Cape Breton. Since Sept. 4, the protestors have prevented traffic in and out of the site due to concerns about the impacts of clear-cutting on the environment and wildlife in an area where several Mi’kmaq communities hunt. 

Premier Tim Houston said at a press conference on Oct. 3 that the government would “continue to assess” the situation at Hunter’s Mountain. He also said that the bill was more general and concerns all Nova Scotians. “The only people that need to worry about Bill 127 are those that intend on doing illegal activities,” said Houston, adding “Traditional industries of our province are really important to our economy. There should be forestry in this province, there should be fishing in this province.” 

 

Natural Resources Minister Tory Rushton told the CBC on Sept. 24 that the amendment is not meant to target protestors and was added following requests from conservation officers. “This is about ensuring that there’s a safe environment on our Crown lands for the people that are visiting, but also using them for economic ability,” Rushton said. He was not sure if the Mi’kmaq had been consulted for their input on the bill.

 

The bill also deals with unrelated topics such as training for bar bouncers, residential tenancy agreements, and support for survivors of domestic violence. Opposition members have critiqued the size and scope of the legislation, including Leader of the Opposition and provincial NDP Leader Claudia Chender, who said, “there isn’t a role for an omnibus bill of this nature in a responsible government. Period.” Interim Liberal Leader Derek Mombourquette told reporters the bill has a “number of different topics that don’t coincide with one another.” 

Since the Progressive Conservatives currently hold 43 of the legislature’s 55 seats, they can fast-track bills without needing the support of other parties. The government introduced the bill on Sept. 23, the first day of the fall legislative session. After the bill was passed on October 3, the House adjourned. While there is no set schedule, the legislature is usually in session for multiple weeks at a time. The fall sitting, lasting just eight days, was the shortest since the Progressive Conservatives came to power in 2021, apart from an emergency session convened in the summer of 2022 to prevent a pay raise for MLAs. 

 

In a press release issued on Oct. 3, the Assembly of Nova Scotia Mi’kmaq Chiefs demanded to meet with Premier Tim Houston to remind him of the province’s obligations under the Peace and Friendship treaties, which were first established between the Crown and the Mi’kmaq in 1725. “Making decisions at this speed, while clearly dismissing our Mi’kmaq voices and concerns, is not peace and friendship,” said Chief Sidney Peters in the release. Peters added, “Premier Houston and his government need to build a better understanding of what it really means to be Treaty partners.” The Sipekne’katik First Nation also made a statement, calling on Leah Martin, minister of L’nu affairs, which manages consultation and negotiation between the Mi’kmaq of Nova Scotia and the provincial government, to resign. 

“It’s unfortunate,” said Premier Tim Houston of the Mi’kmaq Chiefs’ concerns that they had been disregarded, “I don’t feel that way.” He added that there have been “ongoing discussions all the time” between the government and the Mi’kmaq over legislation.

Though it is still unclear what impact the new legislation will have on the Hunter’s Mountain blockade, or any future protests, the bill has raised strong opposition and may have already undermined the relationship between the Government of Nova Scotia and the Mi’kmaq of Nova Scotia.