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Nova Scotia
Victory

Protecting drinking water in Harrietsfield, Nova Scotia

Nova Scotia Ltd v. Minister of the Environment and Brown and Lawrence v. Minister of the Environment

April 28, 2014

Ecojustice lawyers represented three residents of Harrietsfield, Nova Scotia, in their fight to protect their drinking water from contamination. In several documented cases, residents of Harrietsfield learned that toxic substances such as boron, arsenic, cadmium, and uranium had been found in local groundwater at levels that exceed what is considered safe in the Canadian Drinking Water Quality Guidelines. As a result of this contamination, our clients, Marlene Brown, Melissa King and Jonathan Andrews, were forced to rely on filling up jugs at their local church and at the homes of friends and relatives for their drinking water and to travel to the homes of family and friends to bathe and do laundry.

One numbered company that operated a demolition facility on the site asked the Nova Scotia Supreme Court to be removed from the clean-up order. Marlene, Melissa and Jonathan intervened in this case because they were worried that if the company won the appeal and had its name removed from the order, the remaining companies may not complete the work required to clean up their water.

The Nova Scotia Supreme Court confirmed that polluters must clean up the contaminated site in Harrietsfield, N.S., that has left many residents without access to clean, safe drinking water of an acceptable quality for nearly a decade.

Working with lawyers at East Coast Environmental Law, Ecojustice successfully represented community members Angela Zwicker, Marlene Brown and Melissa King in the two appeal proceedings launched by some of the companies ordered to clean up the contaminated site. (Nova Scotia Ltd v. Minister of the Environment, 2015 NSSC 137 and Nova Scotia Ltd. v. Minister of the Environment v. Brown et al., 2017 NSSC 67.)

Since then, the government committed to providing drinking water treatment systems for some impacted homes in Harrietsfield.

At the most basic level, Ecojustice got involved in this case because every Canadian should have access to clean water. We also believe that companies that pollute must pay to clean up the mess.

Finally, we believe that certain natural resources – in this case, the groundwater that residents rely on for drinking – belong to everyone and that elected officials are responsible for protecting and maintaining these resources.  Upholding the government’s authority to issue and enforce the clean-up order in this case is consistent with the government’s duty to manage these natural resources for the benefit of present and future generations.  It is also consistent with protecting the intervenors’ right to water.

What does this victory mean?

Our number one objective was to support our clients in their fight for clean, safe water.  We should all be able to drink the water that flows through the taps in our homes without fear for our health and safety.  While it is an important step that the government will be installing water impact treatment systems for some impacted homes, we have consistently pushed for the site to be remediated as well.

Ecojustice staff

Julia Croome

 

Clients/Partners

Marlene Brown

Mar 2017
A crowd of people march down a road in Harrietsfield, NS. A man holds a sign reading
press release

N.S. government must clean up Harrietsfield contamination

HALIFAX — Residents of Harrietsfield, NS are asking Environment Minister Margaret Miller to enforce a clean-up order for a defunct construction and demolition recycling facility that has contaminated their drinking water for more than a decade.
Mar 2017
A group of protesters walk down the street. 2 hold a banner that says
blog

Fighting for access to clean water for residents in Harrietsfield, Nova Scotia

Nova Scotia Supreme Court says polluters must clean up a site that left water contaminated.
May 2016
A group of protesters walk down the street. 2 hold a banner that says
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Harrietsfield water saga continues

Residents of Harrietsfield, NS headed to court again to fight for clean, safe water for their community There are routinely more than 1,500 drinking water advisories in place at any given time in Canada.
Feb 2016
Marlene Brown sits at a table with her hand on her head. Many papers are scattered across a table as she looks them over. Bottles of water are next to her.
blog

Harrietsfield residents demand fair treatment by Nova Scotia Environment

Residents call on ombudsman to help improve drinking water services to their community The community of Harrietsfield, Nova Scotia, is surrounded by an abundance of natural beauty.
May 2015
A group of protesters hold a hand-made banner that says
press release

Harrietsfield residents urge action after Nova Scotia Supreme Court upholds clean-up order

HARRIETSFIELD, NS — The Nova Scotia Supreme Court has upheld a cleanup order that will force polluters to clean up contamination that has left families in Harrietsfield unable to safely drink the water out of their own taps.
Oct 2014
Marlene Brown sits at a table with her hand on her head. Many papers are scattered across a table as she looks them over. Bottles of water are next to her.
press release

Lawyers for Harrietsfield residents defend provincial government’s attempts to protect groundwater at Nova Scotia Supreme Court

HALIFAX – Today, lawyers for three Harrietsfield residents told the Nova Scotia Supreme Court to preserve the province’s legal duty to enforce cleanup and remediation orders that protect groundwater from contamination.