Halifax to appeal Fall River quarry decision to Supreme Court

Halifax is ready to go all the way to the Supreme Court of Canada to fight a planned quarry in Fall River, the councillor for the area said Thursday.

Northern Construction has plans to dig quarry, build concrete and asphalt plants

Northern Construction said this Fall River quarry would be the first of many. (Paul Palmeter/CBC )

Halifax is ready to go all the way to the Supreme Court of Canada to fight a planned quarry in Fall River, the councillor for the area said Thursday. 

"The municipality is fighting back because its right to zone in the entire HRM is at risk here," said Barry Dalrymple, who represents District One, Waverley-Fall River-Musquodobit Valley. "If we lose this then these quarries can pop up anywhere."

He said the legal precedent could lead to more quarries in the municipality.

In May, the Nova Scotia Court of Appeal ruled Halifax didn't have jurisdiction to stop the quarry project managed by Northern Construction, which also intends to build a concrete and asphalt plant at the site. 

According to Dalrymple, the company has said the Fall River quarry would be the first of many, and has already applied to the province's Environment Department for the permits it needs to start digging.

Residents of Fall River will also try to appeal to the Supreme Court of Canada alongside the municipality, but it could take up to a year to find out if the case will be heard.

"You have to show that there is some national interest in the case," Dalrymple said.

"We feel we are on very solid ground here because if that is allowed to stand in Nova Scotia, in every court in every province in Canada, lawyers for these companies will begin pointing [to the case in] Nova Scotia."

If the Supreme Court of Canada does grant leave to appeal, the legal proceedings could take up to two years to reach a resolution. 

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