• City Hall
  • Province House
  • Education
  • Environment
  • Investigation
  • Journalism
  • Commentary
  • @Tim_Bousquet
  • Log In

Halifax Examiner

An independent, adversarial news site in Halifax, NS

  • Home
  • About
    • Terms and Conditions
    • Commenting policy
  • Archives
  • Contact us
  • Subscribe
  • Donate
  • Manage your account
  • Swag
You are here: Home / Environment / Alton Gas asks court for order to remove Mi’kmaw protestors from Shubenacadie River site

Alton Gas asks court for order to remove Mi’kmaw protestors from Shubenacadie River site

March 13, 2019 By Jennifer Henderson Leave a Comment

Protestor Darlene Gilbert outside the straw bale house. Photo: Stephen Brake/ Kukukwes

A group of 40-50 people opposed to a plan by Alton Natural Gas Storage Inc. to dump brine into the Shubenacadie River packed a courtroom in Halifax yesterday afternoon.

They were there to support protesters Dale Poulette, a Mi’kmaw man who considers himself a traditional water protector, and Rachael Greenland-Smith, an environmental researcher. Both are named in a temporary injunction sought by the company.

Justice Gerald Moir will deliver an oral decision March 18 in a case where the right to own and enjoy private property clashes with aboriginal and treaty rights.

“This is at its heart a simple trespassing case,” said lawyer Robert Grant for Alton Gas. “The protesters have erected a barricade and interfered with access to private property.”

“There is more at stake in this case than a company’s property rights,” countered EcoJustice lawyer James Gunvaldsen Klaassen, who is representing the two protesters. “We believe Dale Poulette can rely on aboriginal and treaty rights, and this must result in the dismissal of the injunction.”

The requested injunction asks the court to order Poulette and Greenland-Smith from “interfering or attempting to interfere by means of force” with anyone entering or leaving riverside properties owned by Alton Gas near Fort Ellis. The company bought the property in 2008, and later this year, plans to hollow out two underground salt caverns to store natural gas. It would then flush out brine from the excavation into the Shubenacadie River about 12 kilometres from the site.

Alton lawyer Robert Grant told the court a power failure this past January damaged equipment in the area of the pipes and pumphouse beside the river. Grant referenced an email from Nova Scotia Power indicating it won’t send a crew to restore electricity until Alton can guarantee safe and reliable access to the site.

The injunction is the result of years of tension and mistrust that started with an environmental concern and led to protest and occupation. Alton’s lawyer argued that Dale Poulette has occupied a straw bale hut constructed on or near the access road to the river for at least 18 months. During that time, Grant detailed eight to 10 instances where Poulette has “behaved erratically, swore, made threatening statements, or aggressively confronted” Alton Gas manager Rob Turner when Turner visited the property. Turner says Poulette once pushed his chest into him to block him from proceeding. On two other occasions, Grant said the Mi’kmaw protester told Turner “he would need to get a court injunction to get in here.”

In an interview outside the court, Dale Poulette didn’t deny he may have intimidated Turner but claimed Turner had once used physical force to intimidate him. No charges resulted. Poulette also contends what he calls the “truck house” located inside a locked gate on company property is not blocking access to the pipes and equipment by the river. The straw bale structure went up in the fall of 2016 to raise public awareness of growing opposition to the gas storage project by some members of the neighbouring Sipekne’katik First Nation (Indian Brook) and other concerned citizens. More recently, social justice advocate Dorene Bernard has involved a women’s group called the Grassroots Grandmothers Circle who say its purpose and duty are to protect the water.

Lawyer James Klaassen argues Poulette’s hunkering down on the Alton Gas property is an example of exercising a treaty right which usually belongs to a group of people, but in this instance was conferred upon him by the Grandmothers’ elders’ group during a ceremony two years ago. “Poulette and Greenland-Smith are not trespassers,” argues Klaassen; “they are water protecters.” He cited two recent British Columbia cases to suggest the duty to protect the environment from potential harm can sometimes override property rights.

Alton lawyer Robert Grant says that under that interpretation of case law, anyone could assert a claim and trespass without fear of consequence. He argued that Poulette has no evidence or documentation to show his protest is authorized by any of the 13 First Nations in Nova Scotia. Grant says this dispute “is not about treaty rights or consultation.”

Klaassen told Justice Gerald Moir there are two reasons why he should dismiss the company’s application for an injunction.

First, Klaassen argued Alton had failed to demonstrate it would suffer “irreparable harm” if protesters were allowed to remain. He pointed out that after 12 years, the company still isn’t operating. No brining work has yet begun, although Alton has the necessary provincial approvals and is waiting for a new regulation prepared by Environment and Climate Change Canada. It will allow Alton to deposit and flush 1.3 million cubic metres of brine over three years as long as the salt content does not exceed the average salinity of the Shubenacadie tidal estuary.

Secondly, Klaassen argued the wording of the injunction to outlaw interference by the protestors doesn’t say anything about trespassing, evicting them from the property, or tearing down the hut. He described the wording as “vague,” a characterization that prompted Justice Moir to jump in and say, “I’m giving you advance notice that I am not going to sign something that is vague.”

The judge did, however, choose to reserve his decision until Monday on whether to grant the company a temporary injunction. April 4 was set as the hearing date for a permanent injunction. A lawyer for the Justice Department representing the Province of Nova Scotia told the court the province has “no position” with regards to this dispute.


The Halifax Examiner is an advertising-free, subscriber-supported news site. Your subscription makes this work possible; please subscribe.

Filed Under: Environment, Featured, News Tagged With: Alton Gas, Dale Poucette, Darlene Gilbert, Dorene Bernard, Grassroots Grandmothers Circle, James Gunvaldsen Klaassen, Justice Gerald Moir, Mi’kmaw protestors, Rachael Greenland-Smith, Rob Turner, Robert Grant, Shubenacadie River, Sipekne’katik First Nation (Indian Brook), treaty rights

About Jennifer Henderson

Jennifer Henderson is a freelance journalist and retired CBC News reporter. email: [email protected]

Leave a Reply Cancel reply

You must be logged in to post a comment.

The Tideline, with Tara Thorne

Phyllis Rising — Rebecca Falvey (left) and Meg Hubley. Photo submitted

Episode #19 of The Tideline, with Tara Thorne is published.

Meg Hubley and Rebecca Falvey met as theatre kids at Neptune and have been friends ever since. As Phyllis Rising — that’s right, Mary Tyler Moore hive — they’re making films, plays, and are in production on The Crevice, a three-part sitcom streaming live from the Bus Stop in March. They stop by to talk with Tara about its development, their shared love of classic SNL and 90s sitcoms, and the power of close friendship. Plus: A new song from a new band.

This episode is available today only for premium subscribers; to become a premium subscriber, click here, and join the select group of arts and entertainment supporters for just $5/month. Everyone else will have to wait until tomorrow to listen to it.

Please subscribe to The Tideline.

Uncover: Dead Wrong

In 1995, Brenda Way was brutally murdered behind a Dartmouth apartment building. In 1999, Glen Assoun was found guilty of the murder. He served 17 years in prison, but steadfastly maintained his innocence. In 2019, Glen Assoun was fully exonerated.

Halifax Examiner founder and investigative journalist Tim Bousquet has followed the story of Glen Assoun's wrongful conviction for over five years. Now, Bousquet tells that story as host of Season 7 of the CBC podcast series Uncover: Dead Wrong.

Click here to go to listen to the podcast, or search for CBC Uncover on Apple podcasts, Spotify, or any other podcast aggregator.

About the Halifax Examiner

Examiner folk The Halifax Examiner was founded by investigative reporter Tim Bousquet, and now includes a growing collection of writers, contributors, and staff. Left to right: Joan Baxter, Stephen Kimber, Linda Pannozzo, Erica Butler, Jennifer Henderson, Iris the Amazing, Tim Bousquet, Evelyn C. White, El Jones, Philip Moscovitch More about the Examiner.

Sign up for email notification

Sign up to receive email notification of new posts on the Halifax Examiner. Note: signing up for email notification of new posts is NOT subscribing to the Halifax Examiner. To subscribe, click here.

Recent posts

  • Sacrificing wild Atlantic salmon for gold March 4, 2021
  • Housing co-op plans affordable 57-unit North End Halifax development with federal, provincial cash March 4, 2021
  • Nova Scotia finally reaches a financial settlement with Glen Assoun, compensating him for the 17 years he was imprisoned for a crime he did not commit March 4, 2021
  • Halifax council committee seeks staff report on new recycling program for markers March 4, 2021
  • Every Nova Scotian who wants to get vaccinated will receive the first dose by the end of June, says Rankin March 4, 2021

Commenting policy

All comments on the Halifax Examiner are subject to our commenting policy. You can view our commenting policy here.

Copyright © 2021