17 Kingsmere Road Chelsea, QC J9B 1R7 (819) 827-1803 December 10
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THE GATINEAU PARK LE COMITE POUR LA PROTECTION PROTECTION COMMITTEE DU PARC DE LA GATINEAU 17 Kingsmere Road Chelsea, QC J9B 1R7 (819) 827-1803 December 10,2019 The Honourable Anita Anand, P.C. Minister of Public Services and Procurement Canada Place du Portage, Phase Ill, Room 18A1 11 Laurier Street Gatineau, Quebec KIA OSS Email: [email protected] Dear Minister, Please accept this letter highlighting the serious problems affecting Gatineau Park and urging you to introduce legislation based on the principles highlighted below. The office of the Honourable Joyce Murray has confirmed that the Liberal caucus adopted the principles of the suggested legislation in June 2013. The draft: of her bill is attached to this letter. On February 14,2018, in response to a question on Gatineau Park, Prime Minister Justin Trudeau claimed in the House of Commons that his government was working "with the National Capital Commission and various partners to ensure that we are doing everything we can to protect this beautiful wilderness area for generations to come." Alas, those words were completely meaningless, given the Liberal government's inaction on the file-and the NCC's weak leadership, failure to respect its Master Plan and obsessive- compulsive determination to manage Gatineau Park primarily for the benefit of special interests and private land owners. The park is literally falling apart ... The Park Is in Dire Straits 1) Since the Liberals took power in 2015, five new houses were built at Meech Lake--on properties the NCC was directed to acquire by virtue of their National Interest Land Mass designation. Since 1993, 133 new houses have been built in the park-in clear violation of the Master Plan and Conservation Plan; .. .12 -2- 2) In 2019, the park's Champlain and Huron lookouts collapsed as a result ofNCC neglect. According to information obtained through ATIP A-2019-00119, NCC officials knew at least three years in advance that the stone walls were bulging, cracking, failing and well on their way to collapse. But they preferred to sink four million taxpayer dollars into the now shuttered O'Brien Hotel at Meech Lake; 3) Public facilities at the park's three main lakes were closed due to contamination from toxic blue-green algae in the summer of 20 19-the third time blue-green algae have hit the park since 2007. Signs alerting visitors to possible contamination from blue-green algae were present at the Meech Lake boat launch all summer, remaining there well into the fall. The Gatineau Park Ecosystem Conservation Plan underlines that lakeshore residences are among the leading factors behind outbreaks of blue-green algae; 4) Residential construction in the shoreline buffer strip is ongoing at Meech Lake, and there is threat of new construction in the Kingsmere and Pontiac sectors. All Master Plans confirm that private properties harm the park's public and ecological missions and that they must eventually be purchased. The trouble is: the NCC has failed to purchase over a dozen properties in the last decade, while allowing construction to continue. This must stop. 5) In 2018, the park director sent letters to 60 Meech Lake residents granting them permission to encroach on federal park property with their houses, docks, boathouses, cabins, stairs, flower beds, etc. She did this without permission from the board of directors (as required by section 12 ofthe National Capital Act). See NCC ATIP A-2019-00020-264 for details. According to the 2010 Gatineau Park Ecosystem Conservation Plan, nearly 40% of all visits to the park are concentrated at Meech Lake. That means the actions of the park director were a direct and deliberate attempt to aid and abet ongoing conflicts between residents and the public, who own the vast majority of the shoreline. The optics are atrocious: the park director carves up public property for the private benefit of Meech Lake residents who are trespassing and encroaching on federal park land, without any authority to do so. That is a violation of a public trust and she should be fired posthaste; 6) Meech Lake's O'Brien House, renovated at a cost of four million taxpayer dollars and transformed into a fancy hotel is "permanently closed" only one year after it opened. The NCC has failed to explain what went wrong. Somehow, I see this failure as a perfect symbol for the ongoing demise of Gatineau Park ... Build an expensive hotel few can afford, in a public park that's more and more difficult to access, instead of maintaining the very popular Champ lain and Huron Lookouts-which the NCC knew were bulging, failing and heading to collapse; .../3 -3- 7) In 2019, following 60 years. of unfettered access to the public, the NCC closed parkways at night. So much for watching shooting stars in August at Champlain Lookout. .. As well, the NCC announced on November 6,2019, that it will be closing the North Loop parkway by 2021. The optics are awful: the agency is further limiting public access while it allows residential construction to continue chipping away at the Meech Lake shoreline; 8) The Nee's public advisory committee on renewing the Gatineau Park Master Plan is stacked with park residents (a very serious conflict of interest, since their private interests conflict with the public interest, as confirmed by all park master plans). Their names: Katharine Fletcher; Joanne Hamilton (her house is built on the Meech lakebed, which is federal property); Gershon Rother; and Tom Young ... Again, the optics are awful: the park is run by and for private property owners. This is a sad joke and a national scandal; 9) The NCC continues to deny it has any authority over private property development in the park, although section 14 of the National Capital Act confirms it can expropriate wherever private construction threatens the park's public and ecological vocations. Moreover, section 25 of the Act clearly says that the park is "declared to be for the general advantage of Canada." As a professor of law, you will know that this means the NeC has exclusive jurisdiction over the entire park by virtue of the federal declaratory power (section 92 (10) (c) of the Constitution) ... Moreover, section 10 of the Act says the Nec can make plans and "construct, manage or operate parks." All Gatineau Park plans underline that residential properties run counter to the park's ecological and public mandates and that they must eventually be removed. 10) The park's true boundaries remain a mystery: they were originally set by Order in Council in 1960, but were "changed" without a proper legislative instrument in 1998. The NCC claims the new boundaries were approved by the Nee board; however, a board decision cannot alter boundaries set by a statutory instrument, and no map or schedule ofthe so-called new boundaries is attached to any legal document. The NCC was caught red-handed in 2005 on the boundaries question, giving two parliamentarians diametrically opposed answers to the same question (see Senator Mira Spivak's question of privilege, Senate Debates, November 22,2005, pp. 2132-2134). I I) The NCC has also misrepresented the ownership of61.5 km2 in the park's northwestern sector. It claims those lands belong to Quebec, but are managed by the NCe according to an agreement. Wrong: in 1973, the government of Quebec transferred those lands to the Nee, in perpetuity, as confirmed by a signed agreement and two Orders in Council. Yet, as recently as in its draft Plan for Canada's Capital 2017-2067, the NCC was still representing those lands as belonging to Quebec, even if the issue was settled before the Quebec Administrative Tribunal in 2009. ...14 -4- 12) The NCC suffers from timid and weak leadership, and this has serious consequences for Gatineau Park. For instance: the mayor of Chelsea is bullying the NCC CEO with requests for more payments in lieu of taxes and getting him to provide money to repave Meech Lake Road and close the North Loop. She gets everything she wants, and more, and gives nothing in return: 1) no commitment from Chelsea to ban all future construction at Meech Lake; 2) no commitment to stop dumping 10 to 15 tons of gravel and road salt per mile per year along Meech Lake Road; 3) no commitment to enforce the shoreline renaturalization bylaw at Meech Lake. The bylaw was adopted ten years ago and is still being violated all around the lake. The late Professor Gilles Paquet, Chairman of the 2006 NCe Mandate Review Panel, noted that timid and weak leadership threatened to make the NCC irrelevant ... (See: "Timid" NCC could become irrelevant, scholar warns, by Mohammed Adam, Ottawa Citizen, January 3,2012). That situation is ongoing ... All the more so because your two predecessors as minister responsible for Gatineau Park completely neglected the file. A Consensus and the Pathway to a Solution Parliament could go a long way towards solving most of the problems highlighted by adopting the legislative measure we are proposing. That measure reflects a decades-old consensus on Gatineau Park. Based on public and private initiatives, federal-provincial agreements, NCC planning and consultation efforts and parliamentary debate, that consensus calls for park legislation that meets the basic criteria we set out below. 1 According to the office of the Honourable Joyce Murray, the Liberal caucus adopted the principles of that consensus in June 2013. The attached legislative brief, prepared by the office of the Honourable Stephane Dion, attests to this. As does the attached draft of Ms. Murray's bill. Opinion polls have provided compelling support regarding the consensus on Gatineau Park legislation.