N.S. court rules Antigonish request for amalgamation is legal

A Nova Scotia Supreme Court judge has ruled the town and county of Antigonish had the legal right to ask the province for permission to amalgamate.

In July, a group of residents argued in court that both councils broke the Municipal Government Act last fall when they asked the provincial government to bring in special legislation to allow amalgamation. They said a public vote was required, and there was hadn't been enough information provided on the reasons for the change.

But a decision from Justice Timothy Gabriel on Tuesday dismissed the residents' argument and ruled that a council has the legal ability to ask the province to do something "it presently has no power to do on its own."

"Obviously today is a good day. We feel vindicated," Warden Owen McCarron of the Municipality of the County of Antigonish said Wednesday.

"We felt, right from the beginning, we're operating within the rules."

In his decision, Justice Gabriel said the question of whether a municipal council "should" make an amalgamation request without a plebiscite is a "profoundly political one. For a court to even attempt to address it, in my view, would be inappropriate."

McCarron said he understands that the idea of dissolving the town to consolidate under the county's name is emotional for many people. But he said both councils did their best to explain why the move was needed in multiple public engagement sessions before the October 2022 vote.

Mayor Laurie Boucher of the Town of Antigonish said both councils are dealing with issues around housing, health care, and expensive water and sewer infrastructure.

"The town and county coming together to try to meet these challenges are the best way we see going forward," Boucher said.

Boucher said she's hopeful the province will introduce the special legislation during the next sitting of the legislature.

Residents considering appeal

Anne-Marie Long and other members of the group Let Antigonish Decide, which brought the matter to court, are considering an appeal.

"It has been a source of civic pride to witness the people of the town and county stand together for democracy and have their voices heard," Long said in a release.

She also said they expect Premier Tim Houston and his government to respect the "will of the people" and refuse to bring in the legislation.