Montreal, September 11, 2023
TRANSMISSION BY EMAIL
Mr. Christian Fortin, Mayor of the Municipality of Batiscan
City Hall
795 Principale Street
Batiscan (Quebec) G0X 1A0
Subject: The Ministry of the Environment confirms the public nature of the coastline of Batiscan beach
Hello Mr Fortin,
At the request of a group of citizens concerned about usage conflicts around Batiscan beach, Fondation Rivières investigated the case and we became aware of several facts that we would like to bring to your attention. These factual elements were communicated to the Association for Citizen Accessibility of Batiscan Beach and it seems important to us that you read them, since they should serve as a basis for the necessary dialogue that you must begin today with the citizens on this issue.
1. The Batiscan coastline is the domain of the State and it is public since the Ministry of the Environment has never granted land there
Some riverside owners in Batiscan continue to claim that the land given to them by the Ministry of the Environment extends to deep water in the St. Lawrence River. This is incorrect, since the Ministry of the Environment is still the sole owner of all land located on the coast in Batiscan. The coastline, within the meaning of the law, concerns the banks which are located between the high water mark and the river. In Batiscan, the coastline is between 15 and 18 meters deep.
Since the State is still the owner, no one can claim to have acquired such land.
The response to our questions from the Main Directorate of Water Operations of the Ministry of the Environment, the Fight against Climate Change, Wildlife and Parks (MELCCFP) is unequivocal:
“In response to your questions, the concessions made for this sector concern backfilled parts of the St. Lawrence River. In no case did these concessions include an unfilled part of the St. Lawrence River, the fills being limited to the high water mark (tides) of the St. Lawrence River. »
You will find the email exchange attached.
We are concerned by the decision of the municipality of Batiscan to lock one of the only safe accesses to the beach, which makes access impossible for a person with reduced mobility. I remind you that the municipality has the obligation to provide everyone with access to public spaces on its territory when possible, which is clearly the case here.
2. Land surveyors established that the high water mark was located more than 15 meters from the St. Lawrence River
Land surveyors Châteauneuf Tousignant McClure completed survey work on Batiscan beach in 2013 and 2016 on behalf of the municipality of Batiscan. In both cases, the firm determined that the high water mark was located at a distance between 15 and 18 meters from the shore. The firm also established exactly where the boundary of waterfront properties is located, which is a good distance from the river, despite what the owners think.
Incidentally, we were stunned to learn that an agent from the Sûreté du Québec arrested a young family who were making sandcastles on public land on Friday, September 8 under the pretext that this land belonged to the neighboring owners. It seems urgent to us that the municipal council set the record straight with those responsible for the Sûreté du Québec so that this type of injustice does not happen again.
3. The claim of neighboring owners comes from a misunderstanding of the sales deeds
The claim of the neighboring owners seems to us to be based on confusion linked to the terms used in the original survey. This original survey was replaced by the official cadastre at the time of the cadastral reform of 1994. In one of the sales deeds that we consulted, for example, we read that the “lot of shore and deep water forming part of the bed of the St. Lawrence River, known and designated as blocks one thousand two hundred thirteen and one thousand two hundred sixteen (Blocks 1213 and 1216) of the original survey of the St. Lawrence River [...], also known and designated as the lots six hundred and three and six hundred and five (603 and 605) of the official land register. »
In plain English, this simply means that the blocks in question were replaced by lots 603 and 605. These lots have been subdivided over the years, but we can clearly see in the land register that they are all located beyond from the high water mark.
4. The regulation on loitering in Batiscan would not pass the test of the courts
Article 12 of Regulation 124-2010 on security, peace and order in public places stipulates that “no one may lie down, lodge, beg or loiter in a public place. » Public places are defined in article 2 as “Parks, streets, public transport vehicles, areas of a public nature. » Batiscan beach has been considered a public area since 2015.
This regulation was invoked by the municipality in a letter sent to a citizen in 2021. “Thus, considering the laws and regulations in force, it is possible for the public to access only the river strike on the territory of Batiscan for travel there without being able to settle there temporarily for the day or stroll there. Such behavior would be contrary to Batiscan regulations. »
This interpretation is inaccurate and would not pass the test of the courts. Regulations on loitering, designed to prevent excesses and vagrancy in public spaces, have been used indiscriminately by municipalities and the Supreme Court has limited the scope of this notion which is likely to infringe the right to free movement provided for in art. 6 of the Canadian Charter, see may constitute discrimination (art. 15 of the Charter) when it is demonstrated that they aim, for example, to combat homelessness.
I invite you to read the judgment of April 16, 2012 (31955092 – city of Quebec v. Yvan Pouliot). Citizen Yvan Pouliot is sitting on a chair, busy reading a book in a public place near the river. When he was arrested, Mr. Pouliot had been at this location for 3 p.m. He “learns himself by reading a book”. He “takes advantage of the sun while accumulating vitamin D in preparation for winter”. He “takes some fresh air” and “admires the river”.
He contested a fine of 150$ for loitering and was acquitted by the court which ruled that the term "loitering" must be taken in its usual meaning, according to dictionaries, in the context of a prohibition of behavior of likely to disturb public peace, neighborhood tranquility or good order.
It seems essential to us that the municipality quickly and publicly correct its declarations and assertions regarding loitering, since this has had the effect of generating concern among citizens who legally enjoy the Batiscan coastline.
If you would like to discuss or if you have any questions or comments, do not hesitate to let us know. We will be happy to discuss this important issue with you.
Please accept, Excellency, my best regards.
Mr. André Bélanger
Managing Director of Fondation Rivières
CC:
Henriette Rivard, municipal councilor
Monique Drouin, municipal councilor
Yves Gagnon, municipal councilor
Sylvain Dussault, municipal councilor
Pierre Châteauneuf, municipal councilor
René Proteau, municipal councilor
Maxime D. Gervais, general director
Guy Veillette, prefect of the MRC des Chenaux and mayor of Saint-Narcisse
André Robitaille, president of the Association for citizen accessibility of Batiscan beach
Photo: Artist Ani Mullër. Photographer: Alex Gervais
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