Judge Benoit Moulin rendered his decision on 1er June. He had put the case under advisement following the trial held on November 20 at the New Carlisle courthouse.
The magistrate sided with the arguments of the representative of the Attorney General of Quebec, Me Marc-Antoine Patenaude. He had pleaded that the plaintiff had failed to demonstrate that the departments concerned by his request had committed a fault and that this had caused damage to his residence.
In addition, according to Judge Moulin, the plaintiff presented evidence incomplete
with respect to such damages.
The hearings held at the New Carlisle courthouse followed a motion filed by Pierre Dubé in December 2019.
Photo: Radio-Canada / Roxanne Langlois
Mr. Dubé mainly pointed the finger at the Ministry of Public Security, responsible since 2007 for flood prevention in Matapédia.
The contractor alleged in particular that in the spring of 2019, the department did not complete the work to destroy an ice jam formed downstream of the interprovincial bridge linking Quebec and New Brunswick, which would have allowed the water to accumulate, then overflow into the municipality of Matapédia.
According to him, Quebec would have voluntarily failed to protect the population, as required by law.
” The accusation is serious, but according to the evidence, it must be said, devoid of any foundation. »
In the decision, it is specified that the MSP has no authority over the Canadian Coast Guard, which conducts icebreaking operations on the Restigouche River each year.
In addition, Judge Moulin recalls that the 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
.
The hovercraft used to de-ice the Restigouche River, photographed in 2021 in Pointe-à-la-Croix (archives).
Photo: Radio-Canada / Roxanne Langlois
Pierre Dubé particularly deplored that, on April 18, 2019, the Canadian Coast Guard left Matapédia in the direction of Shippagan in order to de-ice the fishing ports of the Acadian peninsula. The federal government had also been roundly criticized by citizens of Matapédia.
The organization explained its decision, during the hearings, by insufficient water flow on the Restigouche River.
Two other departments involved
Pierre Dubé also criticized the Ministry of Forests, Wildlife and Parks (MFFP) for having allowed massive deforestation of the Restigouche River watershed over the past 60 years, deforestation which, in his opinion, would be directly related to flooding.
Mr. Dubé had also commissioned hydrologist Renaud Guilbé, of the firm Pesca Environnement, to carry out a literature review on the effect of logging on the flow of watercourses. His testimony, however, did not convince Judge Moulin.
” The report of its expert tends, on the contrary, to show that the MFFP has taken steps to minimize the impact of logging on stream flow. »
Finally, Mr. Dubé accused the Ministère des Transports du Québec (MTQ) of having allowed the construction of structures in or near the Restigouche River. It thus 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 obstacles would have contributed to narrowing the river and increasing water flows.
Rue des Saumons is often affected when flooding occurs in Matapédia. Here we can see the bridge, closed to traffic during the 2019 flood.
Photo: Radio-Canada / Marie-Christine Rioux
However, Judge Moulin considers that Mr. Dubé did not produced any expertise to support its claim regarding the consequences of the construction of the second interprovincial bridge
.
Moreover, he has not demonstrated that the MTQ would have authorized the dike while the railway belongs to Canadian National, a body which is not involved in the dispute.
” Thus, the Tribunal cannot impose on the MTQ the consequences of a situation that is the responsibility of a third party. »
Financial assistance available
However, all is not lost for the citizen of Matapédia. The decision rendered by Benoit Moulin recalls that his residence on rue des Saumons is eligible for the General compensation and financial assistance program for actual or imminent disasters by decree.
Pourvoirie Restigouche is owned by J. Albert Dubé Limitée, a company of which Pierre Dubé is the main shareholder.
Photo: Radio-Canada / Roxanne Langlois
According to a statement by a representative of the MSPMr. Dubé could in fact be entitled to financial assistance of up to $255,000.
The addition of Mr. Dubé’s residence to this assistance program follows a visit on May 11 by provincial fluvial erosion experts. They concluded that erosion was jeopardizing the building.
Pourvoirie Restigouche was first part of Pierre Dubé’s motion to institute proceedings. However, she was excluded from the proceedings during the trial for technical reasons. Said outfitter is owned by a company of which Mr. Dubé is the majority shareholder and as such, this company should have legally been co-plaintiff in his motion, which is not the case.
Contacted Tuesday by Radio-Canada, Pierre Dubé had not yet learned of the decision in the file. The Matapédien confirms, however, that it provides for a second legal remedy specifically affecting the damages incurred at the Pourvoirie Restigouche.
Reference-ici.radio-canada.ca