Latest news with #NovaScotiaCourtofAppeal
Global News
22-05-2025
- General
- Global News
Halifax heritage building slated for demolition saved by appeal court decision
A century-old Victorian home in south-end Halifax has been saved from the wrecking ball, thanks to a Nova Scotia Court of Appeal decision. The battle surrounding the 128-year-old house at 1245 Edward St. has been long and mired in legal proceedings. Sandra Barrs, the past president of the Heritage Trust of Nova Scotia, applauds the court's latest decision and believes the house has a history worth saving. She says everything about the home — from its small turret to its arched windows — offers a glimpse into the past. 'It has been part of the fabric of this neighbourhood for (nearly) 130 years,' she said. Dalhousie University originally bought the lot in July 2021 for $1 million with the intention of demolishing the Victorian home. Story continues below advertisement The next year, the university told Halifax council the house would require significant costs to fix — something the university didn't want to take on. The university received a demolition permit in July 2022, despite a grassroots effort by neighbours to block it. Get breaking National news For news impacting Canada and around the world, sign up for breaking news alerts delivered directly to you when they happen. Sign up for breaking National newsletter Sign Up By providing your email address, you have read and agree to Global News' Terms and Conditions and Privacy Policy 'A neighbourhood group, the Halifax University Neighbourhood Association, got involved,' said Barrs. 'They didn't want to see the property simply demolished because there was no plan to do anything with it, just simply demolish it and leave the lot vacant.' In October 2022, municipal councillors voted to add the lot to its Registry of Heritage Properties, prompting Dalhousie to file a notice for a judicial review. 2:03 N.S. judge puts end to Halifax's heritage designation for south end property A Nova Scotia Supreme Court ruling in November 2023 put an end to the heritage designation, and stated council had wrongly decided that a heritage registration could be granted to a group other than the property owner. Story continues below advertisement 'There is a reasonable apprehension of an attitude of closed-mindedness at the (Heritage Advisory Committee) level, and a reasonable apprehension of bias at the HRM Council level – a bread-crumb trail that led to a clearly unreasonable result,' Justice Peter Rosinski wrote in part. That led the municipality to seek a judicial review from the Court of Appeal, which dismissed the university's claims and said the council's decision was fair and reasonable. The province's highest court also confirmed that Halifax council could award heritage status to a property following a request by a party other than the property's owner. 'We were happy to read not only that the allegations of procedural unfairness were dismissed, but more importantly, that third party registrations of heritage structures was accepted as being with merit,' said Barrs. In a statement to Global News, a Dalhousie University spokesperson said, 'we accept the appeal court's decision.' 'Dalhousie remains committed to finding the right balance between preservation of our most iconic buildings and development that supports continued university and municipal growth,' wrote Michael Fleury. — with a file from The Canadian Press
Global News
21-05-2025
- Politics
- Global News
Chignecto Isthmus case waste of Nova Scotia Court of Appeal's time: federal lawyer
A federal lawyer says Nova Scotia and New Brunswick's legal attempt to determine who has jurisdictional responsibility for the infrastructure on the Chignecto Isthmus is a 'waste and abuse' of the court's time. Lawyer Lori Ward told the Nova Scotia Court of Appeal that the issue before it is actually a 'pressure tactic' to be used as 'ammunition in the political arena.' Get daily National news Get the day's top news, political, economic, and current affairs headlines, delivered to your inbox once a day. Sign up for daily National newsletter Sign Up By providing your email address, you have read and agree to Global News' Terms and Conditions and Privacy Policy Ward points out that even if it's decided that Ottawa has sole jurisdiction over the low-lying, narrow strip of land that connects the two provinces, it would have no obligation to fund projects aimed at preventing catastrophic flooding. She says the federal government has already committed to fund half of the estimated $650 million needed to upgrade centuries-old dikes that protect the area. The provinces maintain it's Ottawa's responsibility to protect rail, power and communication lines as well as inter-provincial trade from climate-change impacts, but federal lawyer Jan Jensen argued that this does not require Canada to protect the dikes. Story continues below advertisement The court has reserved its decision. This report by The Canadian Press was first published May 21, 2025.
CBC
27-03-2025
- Politics
- CBC
N.S. judge reprimanded for conduct had undiagnosed mental disorder, review says
A Nova Scotia judge who has faced scrutiny over his comments and actions in a number of cases and has been harshly criticized by the province's top court has been reprimanded, but he will not face a judicial council hearing that could have stripped him of his job. In a decision released Thursday, the majority of the three-person review committee said provincial court Judge Alain Bégin was suffering from an undiagnosed mental disorder at the time of his poor conduct, but he's sought treatment and the illness is now in "remission." The report does not identify Bégin's disorder. "The relationship between Judge Bégin's personal medical issues and his conduct was a key factor for the majority's conclusion that removal was not an appropriate outcome for the complaints," the majority decision from two members said. "While it did not excuse or mitigate its impact, it does help to explain how and why the misconduct occurred." Investigation The review examined complaints against Bégin involving three cases. In one, he called a man on trial for abusing a stepdaughter a "sexual deviant" and said he had "no doubt" he was guilty, comments he made before final arguments in the case. When the case was appealed, the Nova Scotia Court of Appeal had trouble listening to the recording of the trial because Bégin had put restrictions on the audio, claiming his comments were "off the record." In another case, the Court of Appeal called his conduct "offensive to societal notions of fair play." During a hearing, Bégin called his own witnesses from the Mi'kmaw Legal Support Network to refute what he referred to as baseless allegations that he was biased against Indigenous offenders. Lawyers for the defendant had asked him to recuse himself from the case due to comments he had made. The judge accused one of them of being unprepared and misleading, a view the Court of Appeal found was not supported. In a third case, he referred to a sexual assault as an "aggressive pass" and made other comments the review committee said could be interpreted as minimizing the seriousness of sexual assault. Committee divided Bégin admitted to the "very serious misconduct," according to the review committee. He agreed to a reprimand, must apologize to a number of people, communities and the public, continue treatment for his mental illness, be mentored by a senior judge, and take a number of courses. Bégin declined an interview request from CBC News. His lawyer, Frank Addario, said in a statement that Bégin knows his conduct fell below what he and his community expected, and he will be making apologies. He took time off for treatment and has returned to the bench. "Judge Bégin regrets his conduct and the impacts that it had on the community, including victims, defendants, court staff, and his colleagues," the statement said. "Judge Bégin knows it is an immense privilege to be a judge, and he tries to approach his job conscientiously. He made mistakes because of some personal and professional challenges he was facing in recent years." A spokesperson for the Nova Scotia judiciary said Judge Alan Tufts, the chair of the review committee, would not be commenting. The other two members of the committee were Joseph Gillis, who was appointed by Nova Scotia's minister of justice, and Melanie Petrunia, who was appointed by the Nova Scotia Barristers' Society. The committee was not unanimous in its decision not to send Bégin to a judicial council hearing. Petrunia argued he should be, writing that his conduct rises to the level where removing him from the bench "may be warranted." She noted the Court of Appeal used words like "astonishing," "startling," "alarming" and "disturbing" to describe his conduct in the case involving the stepfather. She said there was a need for "transparency and accountability." A hearing before the judicial council would allow for "the proper consideration of the impact of the judge's behaviour on the Indigenous community, in light of the principle of reconciliation." While she did not want to diminish Bégin's mental illness, she said a hearing could more rigorously examine his medical issues and whether those were mitigating factors in his behaviour. Support from other judges The other two members of the panel, however, found Bégin should not be sent to a full hearing. They noted letters of support for him from four judges. Chief provincial court Judge Perry Borden, who "initiated" the three complaints against Bégin, also wrote a letter saying he didn't believe Bégin should be removed from the bench or suspended, and he "would be pleased to continue to work with him." "The majority concluded that Judge Bégin's removal from judicial office was not necessary and that the agreed resolution would be capable of maintaining the public's confidence in the judge's ability to perform the duties of his office and in the administration of justice generally," the majority decision said. It said that after a medical leave, Bégin returned to the bench a year ago. The Nova Scotia courts website lists him as presiding in Dartmouth.
Yahoo
11-03-2025
- Business
- Yahoo
In the news today: Canada braces for steel, aluminum tariffs
Here is a roundup of stories from The Canadian Press designed to bring you up to speed... Market uncertainty continues as Canada awaits U.S. tariffs on steel, aluminum Canada is steeling itself for more tariffs after U.S. President Donald Trump's tumultuous trade agenda caused U.S. stock markets to fall further on Monday. Trump has promised to lift exemptions on Wednesday and hit Canada with 25 per cent levies on steel and aluminum, bringing additional uncertainty to markets already being spun in circles by the president's inconsistent tariff threats. Trump launched a trade war against Canada and Mexico last week but paused parts of it days later in response to pleas from the automotive industry. Trump signed an executive order last Thursday delaying until April tariffs on goods that meet the rules-of-origin requirements under the Canada-United States-Mexico Agreement on trade. What you need to know about U.S. tariffs on steel and aluminum set for Wednesday Industries that rely on steel and aluminum goods are bracing for a fresh wave of tariffs set to kick in tomorrow. U.S. President Donald Trump is expected to follow through on his threat to impose 25 per cent tariffs on imports of those products. Analysts and economists say tariffs will likely be felt profoundly by U.S. sectors that rely heavily on Canadian steel, like defence and auto manufacturing. The tariffs are separate from the widespread ones enacted last week on Canadian and Mexican goods, some of which have been delayed. The steel and aluminum tariffs would stack on top of the earlier ones. Here's what else we're watching... Ontario eyes more trade abroad in wake of tariffs Ontario is looking to focus on opening up new markets and attracting more overseas investment once the immediate economic threat of American tariffs passes. The province does about $500 billion in annual two-way trade with the United States. It's the largest trading partner for 17 U.S. states and the second-largest to 11 others — statistics Premier Doug Ford frequently rattled off in the early days of this trade battle. But now, with the United States imposing some tariffs and threatening others, Ford says the province needs to start focusing its procurements on Ontario-made or Canadian-made products. N.S. court to hear Chignecto Isthmus dispute A dispute over who should pay the cost of protecting the narrow low-lying strip of land that links Nova Scotia and New Brunswick is before the Nova Scotia Court of Appeal today. Over two days, a three-member panel will hear the case brought against the federal government by the provinces of Nova Scotia, New Brunswick and Prince Edward Island. In a legal filing in July 2023, the Nova Scotia government asked the court for an opinion on which level of government is responsible for covering the cost of protecting infrastructure on the Chignecto Isthmus from severe flooding. The provinces maintain that Ottawa should pay for the entire cost of upgrading the isthmus, currently estimated at $650 million. Liberal race highlights murky transparency rule A political transparency advocate is calling for Parliament to address what he calls a "loophole" in the rules for political fundraising. That comes after some of the Liberal leadership contenders didn't disclose fundraiser events through the public registry managed by Elections Canada. Only Mark Carney and Ruby Dhalla disclosed their fundraisers on the public list -- something candidates must do anytime a donor has to pay at least $200 to attend an event -- or else the candidates will be forced to pay it all back. Other candidates like Chrystia Freeland got around that because instead of putting a ticket price on the events, they just encouraged donations. COVID-19 declared global pandemic 5 years ago Five years ago, the World Health Organization declared a global pandemic of the novel coronavirus, setting off a series of policies that transformed Canadians' lives for years. The WHO's declaration followed months of warning signs about the dangers of COVID-19, including mass lockdowns in China and Italy, and served as a wake-up call for many Canadians. The virus has claimed tens of thousands of lives in Canada alone, many of them people in long-term care. The WHO lifted the global COVID-19 emergency in May 2023, noting the illness had been on a downward trend for more than a year. This report by The Canadian Press was first published March 11, 2025. The Canadian Press
