Members of the media and the public are advised that the following proceeding before the Nova Scotia Court of Appeal will be livestreamed on the Courts of Nova Scotia website beginning on Tuesday, May 20, 2025:

CA-525464 – IN THE MATTER OF Sections 3 and 4 of the Constitutional Questions Act, RSNS 1989, c 89;

AND IN THE MATTER OF a Reference by the Governor in Council concerning the constitutional responsibility for infrastructure which protects the interprovincial transportation, trade and communication links across the Chignecto Isthmus, as set out in Order in Council 2023-202 dated July 19, 2023.

In July 2023, the Attorney General of Nova Scotia filed a Reference pursuant to the Constitutional Questions Act asking the Nova Scotia Court of Appeal for an opinion on the following question:

“Is the infrastructure which protects the interprovincial transportation, trade and communication links across the Chignecto Isthmus within the exclusive Legislative Authority of the Parliament of Canada?”

The Attorney General of Canada, the Attorney General of New Brunswick, and the Attorney General of Prince Edward Island are Intervenors in this matter.

During an appeal hearing on March 11, 2025, the Court heard arguments on the preliminary issue raised by the Government of Canada, which has asked the Court to exercise its discretion not to answer the question because it is vague and lacks a sufficient factual and legal foundation. An Order of the Court dated March 20, 2025, indicated the panel has determined to reserve its decision on the preliminary motion until after hearing argument from the parties on the merits.

This appeal hearing is scheduled for two full days, starting at 10 a.m. on Tuesday, May 20 and Wednesday, March 21, 2025. It will be heard by a three-member panel comprised of Chief Justice Michael Wood, Justice David Farrar, and Justice Anne Derrick.

The public can watch the livestream on the Courts of Nova Scotia website here.

As per the Nova Scotia Courts’ copyright policy, webcasts of court proceedings may not be broadcast or re-broadcast by embedding them in another website or by any other means. However, portions of the webcasts (audio and video) may be re-broadcast as part of conventional news coverage. Hyperlinks to the live webcast page and the page of archived videos on the Courts of Nova Scotia website are permitted.

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