Ardy Born With 3 Thumbs v Middleton (Town), 2003 NSUARB 73

This case was heard before the Nova Scotia Utility and Review Board ("NSUARB").

The issue before the NSUARB was whether the complainant, Ardy Born With 3 Thumbs, had an Aboriginal or treaty right to be provided with water free of charge by the Town of Middleton Water Utility for personal and ceremonial use. The issue arose after the Water Utility terminated its supply of water to the complainant’s residence after she refused to pay for it. The complainant based her claim on her “Certificate of Indian Status” and her affiliation with the Annapolis Valley Band (though she was not herself a member of that community). 

The NSUARB held that the Aboriginal and treaty rights issues that were raised by the complainant were beyond its jurisdiction. The NSUARB also decided not to order the Water Utility to restore water access to the complainant's residence, as it held that the complainant would need to make a show of good faith, specifically in the form of a willingness to pay the rates set by the Utility and to comply with the Utility’s regulations, before the NSUARB could make such an order. 

View the Decision on CanLII: https://www.canlii.org/en/ns/nsuarb/doc/2003/2003nsuarb73/2003nsuarb73.html

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