independent mla says cobequid pass tolls against the law, files with nova scotia attorney general to remove
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cumblerland north mla elizabeth smith-mccrossin says under the west alignment act the province should have removed the tolld in 2021 when the construction debt was paid off.
ryan taplin
/
the chronicle herald
cumberland north mla elizabeth smith-mccrossin has taken the first step in a legal challenge over the continued collection of cobequid pass tolls, arguing that the province is failing to follow the legislation that put them in place.
speaking outside the courthouse in downtown amherst on friday, the independent mla said her lawyer has served notice to the provincial attorney general, the first step before filing an application for a writ of mandamus, a court order than can require a public attorney to carry out a legal duty.
“does the government of nova scotia have a legal obligation to follow its own laws?” smith-mccrossin said. “the law in nova scotia should mean something.“
smith-mccrossin argues tolls required to end
smith-mccrossin said that when the western alignment act passed in 1995, it created the tolls for the purpose of financing the construction of the 45-kilometre cobequid pass section of highway 104.
the mla argued the tolls should have been removed when the debt was paid in 2021, according to the legislation.
“it is my opinion, and the opinion of others, that the laws for this highway state that the tolls are to be removed once the debt to build the highway has been paid,” she said.
“that debt was paid in 2021. despite this, the tolls remain in place for all non-nova scotia-licensed vehicles.”
her proposed application will ask the court to determine whether the province has legal authority to continue collecting tolls under the legislation.
“the fundamental question remains unresolved,” she said. “does the government have the legal authority to continue collecting tolls here in nova scotia after the purpose for which they were created has been fulfilled?”
province given notice prior to court filing
smith-mccrossin said she wrote to premier tim houston before starting the legal process, asking the province to remove the tolls.
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“he has not done so,” she said.
lawyer jamie goodwin said the filing serves as the required notice to the attorney general before an application can proceed.
“they’ve got the required 30 days’ notice, after which we’ll file our application in court,” goodwin said.
he said the matter is expected to be heard sept. 17 at the amherst justice centre.
new brunswick tolls
smith-mccrossin said the issue is even more important as new brunswick is considering introducing a toll near the nova scotia border.
she argued that nova scotia’s continued toll collection is being used as a justification for new brunswick’s proposal and said that tolls create barriers for interprovincial trade and travel at a time when governments are pushing to strengthen the economy.
“a toll is a tax, and a tax is a tariff,” she said. “a tariff places economic burdens on the people affected by it.”
she then compared the continued tolls to tariffs imposed by u.s. president donald trump, saying the government cannot criticize tariffs while maintaining what she sees as a barrier to interprovincial trade.
“these are both interprovincial barriers, and they are a tariff,” she said, “so you cannot criticize president trump, and then do the exact same thing and expect no one to notice.”
bill casey backs application
former cumberland-colchester-musquodoboit valley mp bill casey, who filed an affidavit supporting the application, said he has opposed the tolls on the pass for decades and believes removing them would potentially weaken new brunswick’s justification for its proposed toll.
“i’m hoping that this lawsuit will be successful, and the nova scotia tolls will come down, and then the new brunswick toll idea will be quashed, and it will not go ahead,” casey said “i support this lawsuit. i hope it goes ahead. i hope it’s successful.”
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he argued additional tolls could discourage students from new brunswick from going to nova scotia universities and increase costs for new brunswick families traveling to halifax for specialized care at the iwk health centre.
province defends continued tolls
the chronicle herald requested a comment from the premier’s office and the department of public works.
in response, public works minister fred tilley released a statement saying the proposed lawsuit was “the mla’s latest political stunt on the trans-canada highway.”
he added that “these stunts are not helpful for growing our economy or in improving trade relationships with our fellow provinces. it is also a waste of judicial resources.”
tilley emphasized that the houston government removed tolls for nova scotia drivers on the cobequid pass in 2021 “within months after forming government” and said he was sure the remaining tolls would stay put.
“the department of public works is confident that the current tolls for non-nova scotians will withstand any legal challenges,” he said.
“canadians across the country have recognized our government as leaders in dismantling trade barriers in canada, and that work will continue.”
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