From today's Le Devoir - the largest and most read and respected newspaper in Quebec
A few days after the rejection of an oil claim against Restigouche-Partie-Sud-Est, the small municipality of Grenville-sur-la-Rouge is targeted by a continuation of unprecedented scale in Quebec, this time from from a mining company in Vancouver. It claims $ 96 million because of the blockage of an open pit project.
Canada Carbon is seeking to open a graphite and marble open pit mine in the municipality, one hour west of Montreal in the Laurentians. This project, developed since 2013, is expected to create around 50 direct jobs for about a decade.
Until the municipal elections last November, the elected officials of Grenville-sur-la-Rouge were in favor of the project of mining, which has nearly 100 km of exploration permits in this region recognized as a resort destination .
The portrait changed in November, however, as the then-elected city council campaigned to make clear its opposition to the mine. In December, he amended the municipal zoning by-law in order to block mining projects.
Earlier this year, the board also adopted a formal resolution opposing Canada Carbon's Miller project. The resolution indicates that drinking water resources would be threatened by the project, but also that the project could "cause significant disfigurement of the landscape" and hinder development projects related to tourism and agriculture.
It also notes that the municipality could not afford "the net loss of its property value" because of the location of the mine, but also that municipal infrastructure was not built to meet the needs of intensive transportation of the mining.
The blocking of the project by the municipality has had the effect of recently stopping the analysis of the file submitted by Canada Carbon to the Commission for the Protection of Agricultural Land in Quebec (CPTAQ), which was to authorize development in this zoned agricultural sector. The mining company has just appealed the CPTAQ's decision to the Tribunal administratif du Québec.
In parallel with this approach, Canada Carbon has mainly launched an unprecedented lawsuit by a mining company against a Quebec municipality.
According to the documents filed in Superior Court, the company considers that the resolution adopted in December "is abusive, illegal and was adopted in bad faith, maliciously and with the sole intention of harming [Canada Carbon ] and block his mine and career project. "
According to the mining, this resolution is part of "the crusade undertaken by the members of the municipal council before they become it [...]". At the same time, she stresses that her project "is legal and complies with the applicable urban planning regulations".
The mining company is demanding the cancellation of the municipal resolution that blocks his project. It also demands a sum of $ 96 million from the municipality, the councilors and the mayor, which she deems "responsible for reimbursing her for all the damage caused by the closure" of the request to the CPTAQ and the "non-realization of the project ". This amount is 20 times the annual budget of Grenville-sur-la-Rouge, a municipality of about 2800 inhabitants.
Canada Carbon did not respond to Le Devoir questions on Monday. Same thing on the CPTAQ side.
The mayor of the municipality, Tom Arnold, limited himself to read a written statement: "The municipality acted in good faith in this matter in accordance with its powers. It deeply regrets that Canada Carbon can ask the courts to cancel the resolution passed by the municipality and have its rights to operate its site recognized, while at the same time claiming $ 96 million. "
Opposing the open pit project and owning land near the site, Normand Éthier said Monday that opposition to the project has grown in recent years. "There was no social acceptability for the project," he told Le Devoir . The mine is known to cause landscape damage in a resort area located over a large aquifer and close to 100 properties. "
"The fundamental question here is: who is leading regional development in Quebec? Is it the private companies, or the citizens who, in their municipality, can have a say in the development of their community? This is the same question that was raised in Ristigouche, "added Éthier.
Professor David Robitaille, a full professor at the University of Ottawa's Faculty of Law, believes that this request "looks like a gag order", but also that it has "important similarities with the cause of Restigouche".
"In its decision in the Restigouche case, the Superior Court recognizes the important and legitimate role of municipalities in protecting the environment and public health. The Court emphasizes the democratic importance of local governments and the public interest of citizens. It also recognizes the precautionary principle in environmental matters. These principles are very relevant in this new case, "explained Robitaille.
For the Coalition Avenir du Quebec (CAQ, one of Quebec's two possible governing parties come next election) spokesperson Ugo Lapointe, Canada Carbon's request is simply unreasonable. "This Vancouver mining company clearly fails the test of social acceptability. Worse, by filing such a lawsuit, it demonstrates how she has no respect for the people of Grenville-sur-la-Rouge, who have been opposed to the project for nearly two years and who have democratically elected majority a new city council to represent his voice. " |
