Pierre Dubé, this Matapédia hotelier who claimed $ 975,000 from the Quebec Ministry of Public Security following damage caused to his residence during the floods in 2019, was dismissed in Superior Court.
Judge Benoit Moulin delivered his decision on 1eh June. He placed the case under counsel following a hearing held Nov. 20 at New Carlisle courthouse.
The magistrate sided with the arguments of the representative of the Attorney General of Quebec, Me Marc-Antoine Patenaude. He pleaded that the plaintiff failed to show that the departments concerned by his request had committed an offense and that it had caused damage to his residence.
In addition, according to Judge Moulin, plaintiff presented evidence incomplete in connection with such injuries.
Mr. Dubé primarily directed the Ministry of Public Security, which has been responsible since 2007 for flood prevention in Matapédia.
The contractor specifically declared that in the spring of 2019, the department had not completed work to destroy an ice jam formed downstream of the interprovincial bridge linking Quebec and New Brunswick, which would have allowed water to accumulate. , then overflowed into the municipality. of Matapédia.
According to him, Quebec will voluntarily fail to protect the population, as required by law.
” The accusation is serious, but according to the evidence, it must be said, there is no foundation whatsoever. “
In the decision, the MSP has no authority in the Canadian Coast Guard, which conducts icebreaking operations on the Restigouche River each year.
In addition, Judge Moulin recalled that Civil Protection Act does not impose on the Ministry an obligation of result, but rather an obligation of means, commonly called obligation, or duty, of care.
Pierre Dubé particularly lamented that, on April 18, 2019, the Canadian Coast Guard left Matapédia en route to Shippagan to remove ice in the fishing ports of the Acadian peninsula. The federal government was also heavily criticized by the citizens of Matapédia.
The organization explained its decision, during the hearings, by insufficient water flow in the Restigouche River.
Two more departments are involved
Pierre Dubé also criticized the Ministry of Forests, Wildlife and Parks (MFFP) for allowing extensive deforestation of the Restigouche River watershed over the past 60 years, deforestation that, in his opinion, is directly related to flooding.
Mr. Dubé also instructed hydrologist Renaud Guilbé, of the firm Pesca Environnement, to conduct a literature review on the impact of logging on the flow of waterways. His testimony, however, did not convince Judge Moulin.
” Its expert report tends, on the contrary, to show that MFFP has taken steps to reduce the impact of logging on stream flow. “
Finally, Mr. Dubé accused the Ministère des Transports du Québec (MTQ) of authorizing the construction of structures on or near the Restigouche River. So it refers to a dike for the Gaspésie railway and Route 132 as well as a second interprovincial bridge near the railway bridge.
According to him, these new barriers would have helped in narrowing the river and increasing water flow.
Judge Moulin, however, considered that Mr. Dubé did not no expertise was made to support its claim about the consequences of building a second interprovincial bridge.
Moreover, he has not shown that MTQ the dike would have been allowed while the railroad was owned by Canadian National, a body not involved in the dispute.
” Thus, the Tribunal cannot impose on MTQ the consequences of a situation are the responsibility of a third party. “
Financial aid is available
However, not all is lost for the people of Matapédia. The decision made by Benoit Moulin reminds that his residence on rue des Saumons is eligible for General compensation and financial assistance program for actual or imminent disasters by command.
According to a statement from a representative of MSPMr. Dubé may be eligible for financial assistance of up to $ 255,000.
Mr. Dubé’s addition of residence to this assistance program follows a May 11 visit by the province’s fluvial erosion experts. They concluded that the collapse posed a danger to the building.
Contacted Tuesday by Radio-Canada, Pierre Dubé has not yet learned of the decision to file. Matapédien confirmed, however, that it provides a second legal remedy specifically affecting the damages sustained at Pourvoirie Restigouche.
Source: Radio-Canada
