No trespassing signs stand tall at Dartmouth Cove next to the Harbour Walk Trail, Thursday, erected by the company that wants to infill that part of the harbour.
Atlantic Road and Construction is trying to ban the public from their property because they say HRM has violated an easement agreement with them that has been in place since 2006.
The agreement says the public can access the trail on Atlantic Road’s land and that the company can access the land over city property.
Councillor Sam Austin says he’s not surprised by the signs, considering he got a letter, Friday, banning him as well as Dartmouth Cove advocate Jill Brogan.
“I’m not really sure what they are hoping to achieve by doing this,” says Austin. “It seems that every step of the way there’s a fork in the road or a bend in the trail. Atlantic Road’s decision every time is, how can I create the most animosity possible.”
Councillor Sam Austin at Dartmouth Cove. PHOTO: JACOB MOORE/ACADIA BROADCASTING
Atlantic Road and Construction has been pushing to infill the Cove with pyritic slate for years and are currently waiting on federal approval to start.
It is also not the first time the company tried to block public access. Many residents showed outrage in August 2024 when Atlantic Road blocked the trail with concrete blocks, which they were ordered to remove.
A barrier sits on the trail near Dartmouth Cove on August 21, 2024. (Save Dartmouth Cove/Facebook)
The issue has been a contentious one in the community with grassroots organization, Save Dartmouth Cove, spearheading public outcry.
Another barrier the company faced was from HRM passing a new bylaw that would restrict infilling.
However, the city is still waiting on provincial approval for the bylaw from Minister of Municipal Affairs John A. Macdonald despite more than one attempt to appease conditions. So, it is now a legal issue.
“We’re going to court with the province over whether or not they had the ability for the minister not giving a decision on Dartmouth Cove,” explains Austin.
Now, the easement agreement – which is still valid according to HRM – is also going down the same path.
“Atlantic Road is challenging our bylaw and attacking the easement in court. So, this is ultimately going to be decided by lawyers. Not by signs dropped in the ground out here on the trail,” says Austin.
He says, this could take two to three years to play out.
“Legal stuff doesn’t move quick,” says Austin.
As for anyone who may be hesitant to use the trail with the signs in place, Austin says he understands, but you would need police to lay a charge and the crown to advance it.
“I would suggest the odds of that are probably pretty low,” adds Austin. “To me, this is not a helpful way to resolve a legal dispute. The proper place for this is a courtroom.”
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