{"id":1173,"date":"2011-11-28T16:20:48","date_gmt":"2011-11-28T21:20:48","guid":{"rendered":"https:\/\/ombudsmandemontreal.com\/?page_id=1173"},"modified":"2011-11-28T16:20:48","modified_gmt":"2011-11-28T21:20:48","slug":"reconciling-protection-of-shorelines-and-economic-development-2006","status":"publish","type":"page","link":"https:\/\/ombudsmandemontreal.com\/en\/cases-handled\/examples-of-charter-files\/environment-and-sustainable-development\/reconciling-protection-of-shorelines-and-economic-development-2006","title":{"rendered":"Reconciling protection of shorelines and Economic development (2006)"},"content":{"rendered":"

Citizens addressed themselves to the Ombudsman de Montr\u00e9al<\/span> to contest a resolution of the Executive Commitee by virtue of which part of the Rapides du cheval blanc<\/em> territory would lose its status of an ecoterritory which Ville de Montr\u00e9al could not alienate. The citizens submitted this resolution went against commitments found in the Montr\u00e9al Charter of Rights and Responsibilities<\/em>.<\/p>\n

The Ombudsman de Montr\u00e9al<\/span> discussed this situation at length with the citizens concerned and she also went on location, with the deputy ombudsman, to visit the area and discuss their concerns. On the other hand, she requested relevant information from elected officials and municipal representatives responsible for this file and she analyzed the numerous documents relating thereto.<\/p>\n

The contested resolution had been voted to allow the execution of an agreement which had been reached in 2001, between a contractor and the former Ville de Pierrefonds: Pierrefonds had then committed to exchange municipal land located approximately 75 meters away from des Prairies river with lands located directly on the bank of the river which belonged to the said contractor.<\/p>\n

Our investigation confirmed that, in 2001, Pierrefonds had indeed concluded such an agreement with the contractor who was planning a residential project, on the said municipal land. At the time, the project was for approximately 650 condos, in high residential towers: the project respected the applicable municipal by-laws and, therefore, the City did not have to open a register or proceed with a referendum.<\/p>\n

It was a long while, however, before the project took form. Among other things, this delay can be explained by the 2002 municipal mergers, by the important transition period which followed and also, by the fact that contaminants were later discovered on the municipal land that was to be yielded to the contractor: the said land had previously been used as a snow deposit site. Negotiations were, therefore, undertaken as a result of which the contractor undertook to take on the responsibility of decontaminating the land, which was since done.<\/p>\n

On the other hand, the concerns raised by many citizens were noted by the borough and led to numerous modifications of the project:<\/p>\n