HTNS very concerned at the precedent in 1245 Edward Street Decision

Heritage Trust of Nova Scotia is very concerned at the precedent set by the November 21, 2023, Decision of Justice Rosinski regarding the third-party heritage designation for 1245 Edward Street, Halifax, Nova Scotia, purchased by Dalhousie University in July 2021. 

Justice Rosinski ruled that HRM’s decision to register the property was “fundamentally flawed” and there was “reasonable apprehension of bias” by the Heritage Advisory Committee that recommended the registration.  Though he could have ruled on the basis that Dalhousie received insufficient notice about the Heritage Advisory Committee, he didn’t stop there, but considered Council’s discussion when ruling against the designation. 

Justice Rosinski appears to have taken Dal’s assertions about the building’s alleged poor condition at face value, ignoring that the home had been in constant use, including as a licensed day care facility regulated by the province, and that it was Dalhousie’s neglect of the building for the year they owned it that created the damage they claimed made it unsafe and unsightly.  We find it particularly concerning that Justice Rosinski referred to letters from the public to the Heritage Advisory Committee, including that from Heritage Trust, as “prejudicial”.  When did letters from the public to their elected officials become “prejudicial” – is that not part of a democratic process?

We believe that this Decision challenges the autonomy of HRM to conduct its business – and not just the autonomy of HRM, but that of every municipality in this province.  Surely that flies in the face of the intent behind the Municipal Government Act.

 Heritage Trust believes this Decision threatens every unregistered heritage property in Nova Scotia.  If a property may be registered only by the owner, and those owners are (often mistakenly) of the opinion that there are only negative consequences of registering their heritage properties, we will see many fewer registrations, putting every such property at risk.

 Heritage Trust has been asking for changes to the Heritage Property Act for many years.  In light of this Decision, we again request that our provincial legislature revisit the intent and powers of the Act and make the necessary changes to reduce the threat to heritage properties this Decision poses. 

 This Decision strikes a blow against all third-party heritage registrations in Nova Scotia and will jeopardize the protection of heritage assets across the province.  As such, we strongly urge HRM to appeal.