Company suggests political interference at play in Dartmouth Cove infill reversal

The construction firm behind a controversial proposal to infill part of a cove in Halifax harbour is suggesting the federal transportation minister yielded to the political considerations of a local MP when his department recently sought to walk back its approval of the project.

The allegations, made in court records and a CBC News interview with a company official, centre on the role of the area's Liberal MP, Darren Fisher, who for two years has been a vocal opponent of the project, which would see three football fields' worth of rock dumped into Dartmouth Cove.

Transport Canada decided in April the project would not impede navigation and issued an approval, but said in June it was seeking to rescind the permit and restart consultations after a nearby ocean research centre went to court with concerns the infilling could interfere with some of its docks.

In a letter filed this month in Federal Court, the lawyer for the project proponent, a subsidiary of Atlantic Road Construction and Paving Ltd., said it has "strong concerns" the transportation minister's reversal was motivated by "the political desire to maintain the Liberal Party's current hold on Dartmouth-Cole Harbour in the face of public opposition to the work." 

The company wants the federal government to hand over any records "reflecting any involvement of politicians outside of the minister's department." A lawyer for Transport Canada has refused the request and denies that any political motivations were at play.

A spokesperson for the office of Transportation Minister Pablo Rodriguez wouldn't comment on allegations of political interference, citing the court process.

Bruce Wood, the chief financial officer of Atlantic Road Construction and Paving, said the company has reached out to Fisher at least 15 times to discuss the infill proposal, but the MP has refused to meet, even as he publicly criticizes the project.

"I think that his party is not doing well in the polls and they're facing a coming election and he's just trying to save his seat by pandering to a, you know, a small group of individuals that he thinks are vocal and will have an impact on his re-election," Wood said in an interview.

Atlantic Road Construction and Paving wants to infill part of the cove with 100,000 cubic metres of rock dug up during Halifax-area construction projects, including large amounts of acid-producing pyritic slate that becomes far less harmful when buried under seawater.

Before it goes ahead, the project also needs approval from the Department of Fisheries and Oceans, which is examining whether the proposal adheres to the Fisheries Act. A department spokesperson said Monday it continues to review the application.

In court records, the company does not offer evidence, aside from Fisher's efforts to see the project stopped, that Rodriguez was swayed by political motivations, but it calls the reversal an "unusual about-face."

Fisher said in an interview he's spoken with the transportation minister roughly a dozen times about the project over the last two years, including two or three times since the April approval.

But the assertions of political motivations are "ridiculous," he said, and he never brought up election or political considerations during conversations with the minister.

He said he has refused to meet with Atlantic Road Construction and Paving because it only reached out to him after the community learned of the proposal and became upset.

Transport Canada officials failed to properly examine whether the project would harm navigation in the area, he said.

"I think it's my job to make sure the evidence that my stakeholders and my constituents are forwarding to me makes it to the desk, makes it to the minister of transport and makes it to the minister of fisheries," he said. "And we continue to do that."

Project opponent defends MP

The proposal has been opposed by neighbours and a community group, which have argued the infilling will disrupt a popular walking and cycling trail, and the cove is used by an increasing number of birds, other wildlife and recreational boaters.

Jill Brogan, an organizer with the Friends of Dartmouth Cove group, said Fisher has been standing up for his constituents, but she doesn't believe "he's crossing any lines." Instead, she said, Atlantic Road Construction and Paving is "grasping at straws" by blaming others for their poor planning.

The company has said the project will improve the ecology of the area by capping bottom sediment contaminated by past industrial runoff and creating a seaweed beach, and that the land could be used for future development.

In May, the Centre for Ocean Ventures & Entrepreneurship (COVE) sought a judicial review of April's infill approval, claiming some research operations could be forced to cease if the proposal to infill 2.7 hectares adjacent to the facility went ahead.

The next month, a lawyer acting for Transport Canada said the department intended to concede the infill project should be re-examined because officials had not provided reasons for the approval and did not "engage or document" how COVE's concerns were considered.

Atlantic Road Construction and Paving disagrees, arguing Transport Canada did consider all the factors and public comments when it issued the approval, and said the court case should continue to be adjudicated.