Citizens continue to run the risk by carrying out non-compliant constructions throughout the province without a permit. The media often talk about it. Jurisprudence stipulates that “any construction carried out without a permit entails the right to request its demolition”. There is no unfair treatment of the offender, it is the law that applies its sanctions to all. The mandate of the Ministry of Municipal Affairs and Housing is to regulate construction, additions and repairs.
Completed works had to be demolished in Montreal, on the South Shore, in Estrie, in the Laurentians, for lack of prior permits. However, the Domaine La Pride campground, in Lanaudière, strangely escapes the municipal planning regulations of Sainte-Julienne since 1998 and seems to live in a parallel world.
Municipal councilor from 2013 to 2021, Richard Desormiers becomes mayor in the fall of 2021. He is at the same time the owner of a 41-hectare campsite located in this city. For unusual reasons, former city planners, councilors and mayors successively let countless building projects pass without a permit. Nearly 160 bungalows and, in addition, as many extensions, garages, sheds, porches, patios or verandas around the stationary trailers were erected without authorization or an urban plan.
In addition to violating municipal regulations, these developments are contrary to the environmental standards of the MRC, which prohibits residential construction in such a protected forest area. Despite this, the mayor persisted and proceeded unilaterally, a few months ago, to clear cut a hundred mature trees in order to inaugurate a new residential sector. A Juliennoise questioned the mayor about these wild constructions and these fellings, last March, during the meeting of the municipal council. The mayor confirmed everything naively, proud to “bring taxes to the City”.
Isn’t there a conflict of interest between the position of city councilor or mayor and that of owner of a campsite who allows himself so many illegal buildings and cuts on the same territory? Doesn’t one benefit the other? It seemed like a “no” until September 12, the day of the flash resignation of the mayor in question, following the tabling of the devastating report of the Direction of investigations and prosecutions in municipal integrity (DEPIM) of the Commission municipale du Québec. (CMQ). This report concluded, last July, that the municipal administration and elected municipal officials had committed, in this file, a reprehensible act with regard to the municipality “within the meaning of paragraphs 1° and 4° of article 4 of the LFDAROP” (Act to facilitate the disclosure of wrongdoings relating to public bodies).
The wording of the report’s verdict is damning: elected municipal officials, including the mayor and the municipal administration, have knowingly turned a blind eye to this file. These anomalies had also been known to other mayors and administrations since 1998. The entries for buildings on the assessment roll are also not in accordance with the Act respecting municipal taxation since no proof of the issuance of a building or renovation permit was presented to the assessor.
However, a citizen had alerted many times, two years earlier, the CMQ, the MRC de Montcalm, the federal deputy and the provincial deputy of the riding, the Minister of Tourism, Camping Québec, even the Premier. Photos and detailed letters were sent to them, illustrating these numerous irregularities. They hadn’t reacted. It took a media outcry for them to intervene.
This saga continues. DEPIM is now demanding that corrective and punitive measures be taken. According to the law, the Crown prosecutor or the municipality or any citizen involved can ask the Superior Court to stop using a lot or a building that does not comply with the regulations, even its demolition.
The fines provided for illegal construction are $5,000 per day per violation. Demolition is part of the penalty. There is no other choice if the department wants to be credible and fair to all citizens of Quebec. The former mayors, and the former elected municipal officials, managers and town planners concerned should also be held to account.
Hoping to reassure the citizens, the municipal council of Sainte-Julienne has just given the mandate to the prosecutors of the municipality to file a draft legal action against the campsite of its own outgoing mayor and to produce statements of offence. By-elections for the position of mayor of Sainte-Julienne will be held on December 4.
Could these serious irregularities be tolerated any longer? Why didn’t the authorities act sooner? No one is above the law. No one can afford constant breaches of regulations for years with impunity. The law must be the same and equal for all, for the sake of fairness and respect. Otherwise, it would be a dead letter and justice, non-existent. The latest polls reveal that 47% of Quebecers do not have confidence in the judicial system in Quebec. It’s not for nothing.
These deviations cannot be passed over in silence. The law of the jungle cannot reign in Quebec’s housing stock. Even in India, a judge recently ordered the destruction of illegally built twin towers of a thousand apartments. There is therefore a price to pay for construction and felling without a permit. You shouldn’t risk it.