The City of Quebec “had the legal obligation to hold a referendum” on the tramway, lawyer Guy Bertrand argued on Tuesday before the Superior Court, on the second day of the trial brought by a citizen coalition fiercely opposed to the project.
By “systematically” depriving the population of “their right to vote by referendum”, the City has trampled on the Charter of Rights and Freedoms, according to the lawyer for Québec Mérite Mieux. This attack was “unlawful”, “intentional”, “repetitive”, added Me Bertrand, in addition to contravening several laws, in particular that on the quality of the environment.
The plaintiff’s argument emphasizes that the City opted for the tramway without the knowledge of its population and without giving the latter the right to contest its choice. “It’s as if we didn’t exist,” denounced the lawyer. [La Ville] not [veut] not hear this language that it’s done all wrong and against the rules of the art. »
The Bureau d’audiences publiques sur l’environnement (BAPE) has been hearing the opinion of experts and citizens for months on the subject of the tramway. In his report, he recommended to the Minister of the Environment, Benoît Charette, to study alternatives to the tram, considering in particular that the fallout from the latter hardly justified his bill, now estimated at 3.9 billion dollars.
The authorities decided to ignore the report and “common sense”, according to Me Bertrand. “Ask yourself if it makes sense, Judge, to reject the work of an institution that has studied an issue for months. » Me Bertrand pointed out that the BAPE received its mandates from the National Assembly. However, it is the Minister of the Environment who asks him to look into a file and the decision-makers have no obligation to follow his recommendations.
The lawyer again mentioned a conflict of interest – while denying making such an allegation – caused by a $5 billion investment by the Caisse de depot et placement du Québec in Alstom, currently the only bidder to carry out the tram trains. “The government finds itself[ait] caught between the tree and the bark. The tree is the Caisse; the bark is the City. »
Guy Bertrand also mentioned the trees sacrificed, numbering 5,000 according to a witness heard on Monday, to establish the illegality of the tramway. “Trees are living beings with rights. We are no longer in the days of our parents when cats and dogs were thrown into the river. »
He insisted on the obligation of the court to protect the rights of these trees. “If they could talk, they would say, ‘Mr. Tramway, why are you doing this?” It’s serious what we’re doing: we’re killing trees. It’s appalling! For Québec Mérite Mieux and its lawyer, the tramway announces “a disaster for humans, who will live with dust, noise, heat islands”.
Judge Clément Samson must rule on the legality of the tramway, not on its relevance. The plaintiff’s argument is scheduled to end today. The lawyers for the City of Quebec and the Government of Quebec must then take the floor.
More details will follow.