Charter File
Arrondissement de Rosemont−La Petite-Patrie
While shoreline citizens of the Jeanne-d’Arc/Charlemagne alley approve of its greening project, they are opposed to the simultaneous closing of two accesses on Jeanne d’Arc Avenue. These closings were set forth by the Borough Council. The citizens claim that the prior consultation process was flawed due to lack of clarity and transparency.
Applicable Principles
The Borough Council has the authority to enact the closing of an alley and access.
Although the survey of nearby residents constitutes an important step, it is not, however, bounding on the Borough Council.
The OdM has no jurisdiction to investigate Borough Council decisions. The only exception to this rule is when the Montréal Charter of Rights and Responsibilities (Charter) is at stake.
The Charter provides for commitments regarding the safety of installations and public participation on its territory.
Shoreline Residents Consultation
It is the Green Lane Committee which conducted a survey of shoreline residents to support its request for the greening and obstructions of the alley, as provided for in the Borough’s Guide d’aménagement d’une ruelle verte.
In response to questions targeting only one access entrance at a time, the majority of shoreline residents were in favour of closing each of the two access entrances.
The wording of the survey does not establish that a majority of respondents were in favour of simultaneously closing the two entrances.
There is, however, no evidence of bad faith.
Our Findings
The disputed closings are somewhat inconvenient but do not pose a safety issue.
The OdM cannot therefore intervene against the Borough Council’s decision.
Improving Processes
In light of our comments, the Borough nevertheless commits to improve communication and consultation processes with shoreline residents for green lane projects. Going forward:
• The eco-neighbourhood will have to produce in writing a detailed report of the first information session with shoreline residents.
• Survey questions regarding potential obstructions of the alley and its accesses will be more precisely worded in order to prevent interpretation issues.
• Namely, each envisaged obstruction scenario (including each possible combination) will be the subject of a separate question.
