The artificial lake tearing apart a Nova Scotia community — and killing thousands of fish

On a cloudy evening in early September, fisherman Darren Porter pulls an aluminum boat up to shore on Lake Pisiquid, a small body of water bordering the Nova Scotia community of Windsor. Two fish scientists aboard his boat hop out and begin dragging a seine net through the long grass poking out of the shallows, looking for juvenile fish.

For seven years, a monitoring team made up of the Mi’kmaw Conservation Group, Acadia University and Porter has been testing this site, along with others on the Avon and on an unobstructed tidal river across the bay, to establish the relative abundance of fish.

It’s a windless evening, and as the team brings the net to the beach to check its contents, the water mirrors the pastel sky above.

But Porter knows the situation on this lake is anything but calm.

“I got my car hit by a baseball bat a month ago, I got my truck keyed three weeks ago — it’s insane,” Porter says.

“This is very political now. It started out different.”

Lake Pisiquid is an artificial reservoir created by the construction of a causeway across the Avon River more than 50 years ago.

For much of its existence, the causeway — and the tidal gate, or aboiteau, built into the causeway to allow the Avon to flow out to the Bay of Fundy — has maintained the lake and protected land upstream. But because that protection has required the gate to be almost constantly closed, it’s come at the expense of the fish travelling upriver to spawn. 

In 2017, when the Nova Scotia government began the process to twin the highway running across the causeway, it convened an expert panel to find ways to improve fish passage at the aboiteau — work that included engaging Porter, the Mi’kmaw Conservation Group and Acadia University on monitoring. Then, in 2021, a ministerial order from Fisheries and Oceans Canada (DFO) ordered the lake be drained and the aboiteau opened so fish could pass through.

Yet seven years later, fish passage remains obstructed, while the lake has been maintained by a provincial emergency order for over a year. Politically, the situation is at a stalemate, while the continued existence of the lake divides residents, places governments at a standoff and overrides the objections of the Mi’kmaq, who say their Treaty Rights are being violated.

At the centre of all of this is an ecosystem and a community that have been thrown out of balance. And both have reached a breaking point. 

Avon River becomes political wedge between lake community and environmental advocates

The Avon is one of the rivers flowing into the Bay of Fundy, an ecosystem that pulses with the rhythm of the world’s highest tides, sending saltwater and nutrients upriver and creating a shifting coastline downstream. 

For millennia, the tidal ecosystem sustained fish such as Atlantic sturgeon, Atlantic salmon and gaspereau (a kind of river herring), as well as Mi’kmaq communities who travelled the river and established settlements along its banks. In the 1600s, Windsor — an area originally known as Pesaquid or Pisiquid, a Mi’kmaq name meaning “junction of the waters” — was settled by Europeans. Two centuries later, a causeway was built across the mouth of the Avon to protect the community and surrounding agricultural lands from coastal flooding.

Work on the causeway began in 1968; even before it was finished, there were changes to the ecosystem. Sediment began accumulating on the seaward side, forming what is now an extensive saltmarsh that continues to expand. “We haven’t reached a new balance — the system is still adjusting,” Tony Bowron, CEO of a wetland restoration firm that has done work in the area, says. The Windsor saltmarsh is incredibly productive, Bowron says, but on the upstream side, saltmarshes disappeared as the river transitioned to a freshwater ecosystem. “What was one of our major tidal rivers is now essentially an impoundment,” he says.

Over time, different groups came to depend on that impoundment, including farmers, a ski hill, a canoe club and property owners and developers in Windsor and upstream.

Yet by 2017, it was clear something had to change. The highway had become dangerous and needed to be twinned, and the aboiteau had reached the end of its useful life, especially given climate change projections. But for the causeway highway project to proceed with federal funding, it had to have Fisheries Act authorization. Following Fisheries and Oceans Canada’s recommendation, the province put together a group of provincial and federal officials, fishers and Mi’kmaq to develop ideas for how to meet Fisheries Act requirements. The group members proposed an option that would have restored tidal flow, improving fish passage and flood protection, though with lower lake levels. 

But at a municipal council meeting for the area on Sept. 27, 2017, provincial officials explained the community had pushed back against the idea of changing lake levels and introduced a new option — option D — which would maintain the status quo but add additional fishways (structures to help fish navigate an obstacle). 

Paul LaFleche, who at the time was the deputy minister of transportation and infrastructure renewal (now the department of public works), told those gathered that the option could mean a future constitutional challenge. While LaFleche didn’t specify who that challenge might come from, constitutional challenges have been used by the Mi’kmaq to address violations of Treaty Rights.

Still, LaFleche said for his department, there were only two options at the time: option D, or leaving the aboiteau in place. 

For Porter, this marked the moment the process became political. 

“It’s simple: they were told what to do, then they had this meeting on the 27 of September, and they reversed it,” Porter says.

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Mi’kmaq say Treaty Right to fish is being violated: ‘That, to me, is not reconciliation’

On the banks of the Avon River, on the opposite side of Lake Pisiquid from Windsor, two small buildings sit amid the marsh grass and the gravel of the stalled highway project.

In 2020, Nikki-Marie Lloyd, a member of Annapolis Valley First Nation, and other Mi’kmaq water protectors built a protest camp at this site. Llloyd called the site Treaty Truck House #2, a reference to the names used for trading posts between Europeans and Mi’kmaq that evokes the historic Mi’kmaq use of the river. “We wanted to bring a little bit of that back here.”

For months, Lloyd stayed at the site in protest of the aboiteau. On hot days, when there was very little water left on the downstream side of the barrier, she says she watched as thousands of migrating gaspereau struggled and died in the muddy water.

Even when the gates are open, passage is limited. And when they’re closed — as they are for more than 23 hours a day and for months at a time in the summer — the effects are clear. “It’s quite noticeable when the gate is not open,” Trevor Avery, a professor at Acadia University who’s working on the monitoring project, says. “The fish do not make it through.”

Meanwhile, at low tide, the water below the barrier is too warm and low in oxygen for fish to survive. Correspondence between Fisheries and Oceans Canada staff in June 2023 observed “large numbers of fish” dying as a result.

It’s too early to say whether there are any population level-effects for those species, as there are other rivers in the area where fish can spawn; that’s why long-term monitoring is important, Avery says. Yet the obstruction of one river can still have consequences for biodiversity. Research suggests some species of fish found in the river, like gaspereau, largely return to their birthplace to spawn, giving each river a unique genetic signature. If that site is lost, those genetics are lost too. 

Avery is wary of wading into politics — it’s not science, he notes — and the fate of the Avon has become very political. But on a personal level, he thinks the obstruction of the river is the wrong decision. “There’s just good advice that’s being ignored, in this case.” 

For Lloyd, the situation was especially infuriating; without fish being able to pass the barrier, there was no meaningful exercise of the Treaty Right to fish. “We hear a lot of talk about reconciliation, but then when you come here and you see everything that’s going on, especially politically, and you realize that a lake and a gated structure currently are trumping our rights — that, to me, is not reconciliation.”

Then, in March 2021, after Mi’kmaq groups raised concerns — and, according to a briefing note, after Mi’kmaq chiefs passed a resolution to pursue legal action if Fisheries and Oceans didn’t act — the department issued a ministerial order requiring the gate be opened for fish passage (which the department then renewed every two weeks). The lake quickly became a dry, and then dusty, plain.

For many Windsor residents, the resulting dust storms were miserable. To mitigate the problem, a coalition of environmental groups, government officials and the Mi’kmaq planted vegetation on the dry lake bed. For a minute, everyone was working together, Lloyd says. The saltmarsh began regenerating, and fish not seen in the river for decades appeared. Travelling the river on a bright green pool floaty in August 2021, seeing the diversity of fish and the marsh grass “was my all-time favorite moment,” Lloyd says.

In March 2023, West Hants municipal council — which encompasses the community of Windsor — wrote a letter to the federal fisheries minister acknowledging the lake may not return and expressing interest in reimagining the Windsor waterfront and surrounding area to realign with the new operating scenario of the aboiteau.

Then wildfire season started.

Minister claims lake necessary for fighting wildfire, but fire chief says that’s ‘ridiculous’

In May 2023, wildfires tore across Nova Scotia, including one that burned 23,525 hectares, the largest in the province’s history.

On June 1, 2023, the province declared a state of emergency for the area around Windsor. The only action associated with the state of emergency was to order the gates at the aboiteau closed, overriding the federal order that had opened them. The provincial order came just two weeks after Premier Tim Houston released a video with area MLA Melissa Sheehy-Richard describing the dry lake as “appalling” and calling for it to be refilled. 

The provincial minister responsible for the emergency management office, whose deputy was LaFleche, formerly of the Department of Transportation and Infrastructure Renewal, said in a statement that the dry lake posed a “significant risk during this wildfire season.” (The province did not respond to a question about what role LaFleche, or staff from his former department, played in the decision to issue the emergency order.)

In an interview with CBC, the provincial minister responsible for the office of emergency management , John Lohr, said the request had come at the request of local fire chiefs.

Others have disputed that statement. 

In response to the state of emergency, Porter launched a lawsuit, attempting to stay the order and reopen the gate. In an affidavit provided for that lawsuit, Windsor fire chief Jamie Juteau said neither he nor anyone he was aware of in the department had made “any request to Minister Lohr or his department or anyone else for water resources in Lake Pisiquid or to ‘reinstate’ Lake Pisiquid.”

Since then, the province has renewed the emergency order every 30 days, even after historic rain and flooding, including in Windsor.

Brett Tetanish is the fire chief for Brooklyn, another community in the same municipality as Windsor. He says fire suppression appeared to be an excuse to close the gates.

“I just thought how ridiculous that was,” he says. “There’s actually no need.”

Tetanish is an experienced wildland firefighter, and when parts of Nova Scotia were burning in 2023, his department was dispatched to those fires.

If there were a need for water, Tetanish points out there are many other sources a helicopter could draw from. What’s more, because the presence of the causeway has caused silt to built up, much of the lake is only a little more than a meter deep — too shallow for fixed wing aircraft to use, Tetanish says. 

The existence of alternatives was also outlined in a July 2023 report by the municipality’s emergency management office. The report noted if lake levels dropped again, the Windsor fire department would go back to its previous plan for water, and that the department “is confident operating in both scenarios.”

“[The minister] is using the fire service to get what they want,” Tetanish says. “It’s very disheartening that the government would do that.”

Advocates say the existence of alternatives for fire safety suggests the preservation of the lake serves interests beyond fire safety. 

‘LEAVE LAKE ALONE’: Rift in community grows deeper as mayor pleads for unity

Developer Mitch Brison, brother of former Liberal MP Scott Brison, has a house on the lake, and his company, Brison Developments, has residential projects in Windsor and the surrounding area. He wants the lake full.

“Is the town better off to have a body of water in front of your town, or is the town better off to have something that smells and has no water — I prefer the water,” Brison says. “I don’t see the benefit of taking it out, I really don’t.”

Brison says the municipal council now supports the lake, “so we got that reversed.” (Abraham Zebian, the mayor of West Hants, says the council has no official position on the lake.) And while he acknowledges there was movement toward reconciliation, he and most people he knows are tired “with the stuff that’s going on and the money that’s being thrown around in that direction.” 

“It’s time for us all to live and cooperate.”

Ultimately, he says resolving the situation will take a change in the federal government. 

Zebian says his personal position is that the lake is an asset for recreation, firefighting and community well-being. 

Yet he’s acknowledged has divided the town, including last July, when bristol board signs appeared in the community reading “F*CK DARREN PORTER,”and “LEAVE LAKE ALONE.” 

In the aftermath, Zebian took to Facebook to make an impassioned plea for unity. “I’m so disappointed in our community for the things that are being said in regards to the Avon River and Lake Pisiquid,” he wrote. “United we can do anything. Divided we all lose. WEST HANTS… I KNOW YOU ARE BETTER! NOW LET ME SEE IT!”

Over a year later, Zebian says it’s unfortunate the town is still caught in the middle of a fight between the province and the federal government.

Avon River situation at a standstill, as provincial and federal governments fail to find a solution

Documents shed light on the dynamics in the standoff over that fight. At issue is which directive takes precedence — the federal order to open the gate, or the provincial emergency order to keep the gate closed and the lake full — and at whose feet blame for the delay in a resolution can be laid.

The federal department has a legal mandate to protect fish and fish habitat, but it has yet to reissue the ministerial order, which it let lapse after the provincial state of emergency was declared. Documents obtained through access to information requests suggest the department has struggled to get information from the province. 

In an email sent on Aug. 31, 2023, Fisheries and Oceans Canada officials said they were still waiting to receive results of a Nova Scotia emergency management office assessment supporting the emergency order. 

Two months later, in an email regarding a Mi’kmaq proposal to address fire safety while improving fish passage, Fisheries and Oceans Canada regional director general Doug Wentzell wrote, “Bottom line is that this letter presents what seems to [be]reasonable solutions to be able to draw water from the Avon river to support emergency response — which was the stated objective of the province in issuing their continued states of emergency. The key piece of the puzzle for our purposes will be to obtain the province’s assessment around whether these, or other options, have been considered.”

The following spring, an April 2024 letter from Fisheries Minister Diane Lebouthillier to provincial ministers asked the province to take measures to ensure proper fish passage, and to communicate with her ministry about efforts to reconcile that with fire safety. 

In response to a question from The Narwhal about the information it provided to the federal government, Nova Scotia’s department of public works said information requested by the federal government was submitted in January 2024, and that this was “one of a series of requests we have responded to from [Fisheries and Oceans Canada] over several years.”

But an August letter to Public Works from Fisheries and Oceans Canada’s department of Ecosystem Management (which Porter provided), shows that in January, what the province proposed was to maintain the lake — a proposal that, as the letter noted, the province had already been told would not pass fish (or the Fisheries Act) — and that the information included with the application was ‘incomplete or inadequate.”

In other words, the situation is gridlocked, with the province proposing an option Fisheries and Oceans Canada can’t approve. 

For Porter, these documents raise questions of why Fisheries and Oceans Canada is hesitating to enforce its own legislation, in the meantime. 

In a 2023 internal presentation, a slide describes Fisheries and Oceans Canada’s intention to continue reissuing ministerial orders until the aboiteau is replaced, but the department let the last order expire after the state of emergency was declared in June 2023.

In a statement, Fisheries and Oceans Canada spokesperson Christine Lyons did not directly answer a question about whether the emergency order takes precedence, instead saying questions about the order and its duration should be directed to the province. Gary Andrea, spokesperson for the department of public works, said the state of emergency will be renewed as long as it is needed for public safety. 

Fisheries and Oceans Canada said it’s working proactively with the Nova Scotia department of public works on the proposed aboiteau, and that it remains committed to consultation with the Mi’kmaq. After the emergency order was first issued, the Assembly of Mi’kmaq chiefs sent a letter to the province, stating the lake contravened Mi’kmaq rights and title. (The Assembly of Mi’kmaq chiefs did not respond to a request for an interview.)

The department also said the province has a legal requirement to operate the aboiteau to allow the passage of fish, and that voluntary compliance is the expected and preferred approach. 

To advocates, this looks like the federal department is avoiding a fight in advance of an election. 

“They don’t want to give the province a wedge issue,” Porter says. “So they backed off, and nature suffers, the fish suffer, there’s a whole bunch of things that suffer because of those decisions — and they’re simply political.”

Emergency order remains in place, with no clear path forward for resolution

In September, members of the monitoring team on Lake Pisiquid finish noting the fish they’ve caught in gill nets and minnow traps— one striped bass, a couple of tomcod — and then head back upriver, to turn in for the night.

For now, the situation is at a stalemate. While Porter has a court date in November for his lawsuit against the emergency order, he’s not optimistic that it will bring any change. 

With a municipal election approaching on Oct. 19, current mayor Zebian said the uncertainty around the causeway continues to pit “neighbor against neighbor and family member against family member, and I think unfairly so, for my community.” The project was supposed to be completed in 2022, he notes; two years later, there’s no clear indication of a way forward.

Yet in other contexts, communities have found solutions. 

Three hundred kilometres from the Avon, water flows under a bridge over the tidal Petitcodiac River in New Brunswick. In 2021, the bridge was completed to replace a causeway built in 1968, despite the opposition of some homeowners, and biologists are already reporting greater numbers of fish. 

To the south, Peskotomuhkati Nation was instrumental in removing an aging hydroelectric dam on the St Croix/Skutik River this year, which runs between Maine and New Brunswick, and restoring fish passage. 

By comparison, advocates say the current situation with the Avon River aboiteau is a missed opportunity, where new infrastructure is needed anyway, to fix a problem.

That problem is a system out of balance — and not just on the Avon. For 400 years, people have been building structures to hold back the Bay of Fundy’s tides. Asking people to imagine a different relationship with this system is challenging. Yet in the 21st century, the costs of drawing hard lines across the landscape have become clear, severing ties between animals, people and the environment in which they all live. 

Whether work on the Avon will ever restore those links is far from clear. But for better or for worse in this dynamic, shifting ecosystem, there’s no going back to the past.