Laurentian town sues Quebec, alleging it neglected to repair dike that forced evacuation

A municipality in the Laurentians is suing the Quebec government for allegedly neglecting to maintain the Morier dike and risking its collapse.

More than 1,000 residents of Chute-Saint-Philippe and Lac-des-Écorces were forced to evacuate preventively in December 2023 for 11 days after a routine inspection of the provincially owned dike showed signs of erosion.

The Environment Ministry is responsible for maintaining the dike, which has the capacity to retain 382 million cubic metres of water.

Built in 1954, it is located on the edge of the Kiamika reservoir, roughly 125 kilometres northeast of Ottawa in Quebec's Laurentians region.

Frédéric Bérard, a partner at the Gattuso Bouchard Mazzone law firm representing Chute-Saint-Philippe, said that his clients believe the Quebec government failed to take proper steps to ensure the dike was secure.

The plaintiffs — Chute-Saint-Philippe Mayor Normand St-Amour and town manager Éric Paiement — are each seeking $350,000 in damages as well as $100,000 for the municipality and $70,000 to cover fees for experts.

They are also asking for the government to enhance maintenance procedures, including mandating — at its own expense — an independent group of experts to evaluate the Morier dike and submit a detailed report on its condition.

In April, the Environment Ministry said in a news release that weekly checks confirmed the repairs made to the dike in December 2023 were completed successfully and that the Kiamika reservoir was safe.

By May, the government made a call for tenders to have the foundation of the dike inspected for areas of subsidence.

Safety of residents in hands of small-town mayors

Bérard criticized the provincial government for requiring small-town mayors to take charge of evacuations.

He is accusing Quebec of holding towns to the same standard as bigger cities, such as Montreal and Laval, without providing them with additional support to carry out emergency measures efficiently.

"The Quebec government is washing its hands," he said, noting that the dike is entirely owned by the province.

When his clients received the evacuation order from Quebec, Bérard said, they were given all of two hours to vacate more than 300 properties.

"They had to knock on the door of each and every house of their city, asking people to please get out ASAP, which is just obviously unreasonable," he said.

He said the town was unable to evacuate everyone within that time frame.

Bérard emphasized that mayors of small municipalities like Chute-Saint-Philippe are "not specialists" in dealing with crises and that if the dike were to burst, the flooding would likely lead to injuries and deaths.

"It puts the right to security in jeopardy, and that right to security is protected both by the Canadian Charter of Rights and Quebec Charter of Rights," Bérard said.

A spokesperson for the Ministry of Public Security said in an email Tuesday that it would not comment on the case because it is before the courts.

They added that in times of disaster, the ministry co-ordinates with civil security partners and supports municipalities in the application of emergency measures on their territory as well as in the recovery phase, such as through financial assistance programs.