The province and Northern Pulp are near a deal that could see the company drop its court challenges on how the Boat Harbour file has been handled.
The revelation occurred after Nova Scotia Supreme Court Justice Heather Robertson read a decision that will allow three fishermen’s associations to act as intervenors in Northern Pulp’s application to have a ministerial order quashed.
The May order from Environment Minister Gordon Wilson outlined requirements for collection and disposal of landfill and waste water leachate from the mill site at Abercrombie Point. Northern Pulp appealed the order, arguing that the order is impractical and showed a lack of understanding of how pulp and paper facilities work.
After stating that the organizations representing commercial fishermen in the Northumberland Strait would be allowed to participate, Justice Robertson turned to setting dates for the matter to proceed.
“My lady, (lawyer representing the province Sean) Foreman and I have been involved in some discussions about the possible resolution of the issues brought out in the appeal,” Northern Pulp lawyer Harvey Morrison told the court.
“… I think we are hopeful that we could adjourn the motion for direction to allow for those discussions to take place.”
The province’s lawyer agreed, adding that, “This is similar to what is taking place with the environmental assessment judicial review.”
In January 2020, Northern Pulp filed for a judicial review of Wilson's decision denying approval of the company's proposed effluent treatment plant.
It argued “the minister erred in law and in fact, and acted unreasonably” and thereby violated the company’s right to procedural fairness.
