Havelock

RCMP says search and rescue operations are happening more frequently

Sarah Rennie – LJI reporter

A family of four seeking refugee status was found by RCMP officers in a wooded area in the municipality of Havelock in the early morning of March 7, after they became lost trying to cross the border. 

The family had been walking in the woods for hours with their two young children when they called for help. Officers found the family huddled against a tree, suffering from extreme hypothermia and unable to move. They were transported to a hospital and are now in stable condition.

The family requested refugee status when they were found, and their case has been transferred to the Canada Border Services Agency.

This incident marked the eighth weekend in a row that RCMP officers have launched a search and rescue operation to find individuals who have crossed the Canada-U.S. border irregularly only to become lost in densely wooded areas between Hemmingford and Dundee.

Sergeant François Paquet of the RCMP’s Valleyfield detachment says that while there has been a “big drop” in southbound traffic, the number of migrants attempting to cross into Canada from the United States is steady.

“It fluctuates from week to week, temperature to temperature,” says Paquet, who suggests they have not seen a spike in “northbound” movement since the U.S. administration changed hands in January. He explains that the RCMP is prepared and will adapt if things change, but for now officers are focused on continuing their work along the border.

Search and rescue operations

Paquet admits this winter’s harsh temperatures and heavy snowfall has complicated some aspects of the job. He recently led a team of around 20 officers on a lengthy search and rescue operation in Hinchinbrooke on February 23. The United States Border Patrol (USBP) reported at least two people had been spotted heading towards the Canadian border between Powerscourt Road, Herdman Road, and the First Concession.

Officers first attempted to locate the individuals by tracking cell phone signals. When this did not work, they used a drone with thermal imaging technology. Blowing snow and poor weather conditions kept this option from working as well. They called in the air service for assistance and brought in an ARGO, or all-terrain off-road vehicle, to search the deforested area along the border called “the slash.” After spotting tracks in the snow, they abandoned the vehicle and entered the forest on foot. The Blackhawk helicopter was also called to join the search.

“It was a race against the clock,” says Paquet. “We know they are not well equipped for winter, and the safety of our officers and the migrants is very important,” he explains. “We want to find them before anyone gets hurt or dies of hypothermia,” he adds.

Eventually, officers found five individuals sitting against a tree about 100 metres from the First Concession. “They were tired. They were frozen. Some of them could not feel their feet,” says Paquet, noting there was a 14-year-old among the group. All five were arrested before being taken to the Hôpital du Suroît in Salaberry-de-Valleyfield for treatment for severe frostbite.

The RCMP quickly discovered that the group included two Canadian citizens and a family of three with no status in Canada. One of the Canadians is suspected of being an escort hired to bring the family through the woods, while the other was attempting to return to Canada after having illegally entered the United States. Officers also arrested the driver of a vehicle from Montreal who was found waiting for the family.

Officers seized over $11,000 from the family, which they determined would have been paid to the smugglers. The family, once rescued, requested refugee status.

‘We have had to adapt’

Paquet says it is not unusual that those found in the woods are transported to hospital. “We have seen people who were barefoot in the snow, and they had been walking for hours. No coats, in T-shirts. We have seen children barefoot, kids with aluminium foil on their feet,” he says, noting that migrants are now crossing in areas that are much more difficult to access, which hampers rescue efforts.

“Two or three years ago, we had people going to the police. They would cross the road and wait,” says Paquet, referring to Roxham Road. “Now we are in a situation where they don’t want us to arrest them or even find them,” he explains, adding that smugglers promise safe and easy passage across the border, which is “completely false.”

Paquet admits the RCMP has had to adapt its patrol and operational strategies due to the presence of smuggling networks. “In Valleyfield over the past year we have had more than 20 human smuggling cases that we have judicialized,” he says, noting they have made numerous arrests and seized vehicles, and large sums of money.

“We are in the process of developing experience and an expertise,” he insists, while pointing out this has meant working more closely with the local population. “We have done a lot of awareness-raising with people who reside near or along the border… We have passed out leaflets and business cards, and we will be posting signs with the RCMP’s telephone number,” he explains.

The federal police force is not able to share how often people call with information, but Paquet insists officers follow up on every tip. “We try to use a multitude of technologies at our disposal,” he says, noting they regularly patrol in marked and unmarked vehicles, and are now able to rely on air services including the Blackhawk helicopter.

Paquet says they have not been told whether the Blackhawk will continue to be used after the initial contract expires on March 31, but they are planning for the long term. “We have members who have trained for it and who have started patrolling,” he says, while suggesting locals should expect to keep seeing and hearing the utility helicopter overhead.

It is OK to help

Paquet says that in the event residents encounter someone they think could be a migrant, it is best to contact the RCMP as soon as possible, especially if medical attention is required. “Canadians have a duty to assist a person in danger,” he says, noting that depending on their level of comfort, locals can invite people into their homes while they wait for the RCMP, or provide warm clothing, blankets, and food.

“I can guarantee that every call will be taken seriously,” says Paquet. At the same time, he says officers are now familiar with the people in the area. He says they are aware of temporary foreign workers, of hunters in the woods, and increased activity in maple groves with the start of sugar season. “We adapt. We get to know our community. I think that’s the most important thing.”

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Appeal of decision on asphalt factory is now before tribunal

Sarah Rennie – LJI reporter

Celebrations over a recent decision by the Commission de Protection des Terres Agricoles du Québec (CPTAQ) that rejected a request to operate an asphalt plant on Covey Hill may have been premature.

Groupe Chenail Inc., which is behind the installation of the asphalt factory at the Carrieres Ducharme quarry in Havelock, filed a motion to appeal the CPTAQ’s decision with the Tribunal Administratif du Quebec (TAQ) in mid-December.

The company is demanding that the TAQ reverse the CPTAQ’s decision and authorize the operation of the asphalt factory until July 19, 2039. If this proves impossible, the company is requesting the TAQ “reverse the decision and return the file to the commission for a decision by two new commissioners.”

According to the filed motion, the Saint-Rémi-based company is contesting the CPTAQ’s ruling on twelve grounds, arguing the commission erred significantly in its decision by “basing its analysis on assumptions and fears supported by no concrete, documented facts, most of which are not covered by the Act respecting the preservation of agricultural land and agricultural activities (LPTAA).”

Groupe Chenail states the CPTAQ’s assessment of the impact of an asphalt factory on existing agricultural activities, including tourism, was flawed, as was its consideration of environmental impacts over which they argue it has no jurisdiction.

The motion suggests the CPTAQ misinterpreted the LPTAA by refusing the factory on the grounds of its discharges, which Groupe Chenail Inc. insists would fall within environmental standards and thresholds. It argues that expert reports confirming the project’s compliance were disregarded.

Groupe Chenail inc. is also contesting the CPTAQ’s conclusion that the addition of an asphalt factory would constitute a new use and not an accessory use under the LPTAA.

The CPTAQ concluded that the asphalt factory, even as an accessory use, would impact existing agricultural activities and future development, and that this would also affect the homogeneity of the environment. The company argues against this, pointing out an accessory use by its very nature must have less impact than the primary use, in this case referring to the quarry.

Groupe Chenail Inc. also questions the CPTAQ’s interpretation of regional particularities as set out in section 12 of the LPTAA, arguing that it failed to consider zoning bylaws as well as decisions by both the Quebec Superior Court and Court of Appeal.

The CPTAQ issued its final decision on November 7. Over 20 individuals, groups, and organizations argued against the asphalt factory before the commission. The CPTAQ is now required to provide the TAQ with a copy of all files relating to the case by mid-January.

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CPTAQ definitively shuts down plans for Covey Hill asphalt factory

Sarah Rennie – LJI reporter

The municipality of Havelock and its supporters are elated, following a big decision in their fight to protect the local environment and farm community.

The Commission de protection du territoire agricole du Québec (CPTAQ) has officially rejected an application by Groupe Chenail Inc. to operate an asphalt factory in the Carrières Ducharme stone quarry located on Covey Hill. This could end the three-year saga that began in 2021 when the municipality first opposed the factory.

The Quebec Superior Court ruled in favour of the project in 2023. Havelock attempted to contest the decision, but the Quebec Court of Appeal upheld the ruling and refused to hear arguments. Following this, the municipality turned its attention to the CPTAQ to stop the installation. An ad-hoc committee was created to compile research and prepare facts in defense of the municipality’s position that an asphalt factory does not belong in an agricultural community.

The final decision, which was issued on November 7, follows a surprise reversal by the commission, which had previously suggested it would conditionally allow for the installation of the factory for a period of five years. A notice was issued in July that modified its assessment after a meeting took place with over 20 individuals, groups, and organizations who argued against the preliminary orientation, including the municipality of Havelock, the Fédération de l’UPA de la Montérégie, the MRC du Haut-Saint-Laurent, Ambioterra, and several concerned producers and citizens.

The final decision upholds many of the observations made in the notice of modification, which cited articles 12 and Section 62 of the Act respecting the preservation of agricultural land and agricultural activities. These provisions allow for the consideration of regional characteristics in the preservation and promotion of agricultural enterprises and activities, which the CPTAQ concedes could be at risk if the asphalt factory was allowed.

It explains that the commission chose to give priority to agricultural activities in the area, despite the presence of a quarry. The CPTAQ argued it would not be advisable to aggravate the situation with the installation of an asphalt factory, which would constitute a new use of the site.

The decision, which is signed by CPTAQ vice presidents Hélène Lupien and Gilles P. Bonneau, confirms that “The participants at the meeting raised concrete consequences of the project on farming activities,” while pointing out that those in favour of the project were given an opportunity to present their views. The CPTAQ concludes that “Groupe Chenail Inc. did not convince the commission that the project will have no impact on farming activities.”

Sharon deGaspé Power, who serves as the spokesperson for the ad-hoc committee, says she is overjoyed with the decision. “I’m just so happy that a major organization like the CPTAQ did listen to us!” she exclaims. “It means that our community is going to maintain its character and the essence of its economic activity, its agritourism, which would have suffered horrifically.”

The ad-hoc committee, which was largely made up of citizens with one municipal councillor, met on a weekly basis for over a year. DeGaspé Power says she is grateful to those who supported their cause. “It was a great collaborative effort from Elgin right up to Sherrington!” she exclaims, noting volunteers went door-to-door in several communities with their petition, which garnered over 600 signatures.

Groupe Chenail Inc. will now have 30 days to decide whether to contest the CPTAQ’s decision before the Tribunal Administratif du Québec.

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Province allows small municipalities to reduce council seats

Sarah Rennie – LJI reporter

The Quebec government has decided to allow municipalities with fewer than 2,000 residents to reduce the number of seats on municipal councils.

The province cites difficulties in recruiting willing candidates during elections as motivation behind the decision, which will allow less-populated municipalities to run councils with as few as four elected members.

Municipalities are currently required to have six representatives on council.

The change was introduced as part of Bill 57, a wide-reaching law aimed at protecting elected municipal officials while promoting the unimpeded exercise of their functions. The bill also amends various legislative provisions respecting municipal affairs. The bill, which was adopted in the National Assembly on June 6, will allow municipalities to reduce the composition of their council as of the next general election, scheduled for November 2, 2025.

Radio-Canada reports that the municipal affairs minister, Andrée Laforest, spoke with several people closely involved with municipal politics before enacting this law, including mayors and prefects as well as representatives of the Fédération québécoise des municipalités (FQM) and the Union des municipalités du Québec (UMQ).

According to 2023 population estimates by the Institut de la statistique du Québec, eligible Valley municipalities include Dundee, Elgin, Franklin, Godmanchester, Havelock, Howick, Sainte-Barbe, Très-Saint-Sacrement, and Hemmingford Village.

Municipalities that are considering making this change must act fast to adopt a bylaw before the end of this year, and there is a process that must be followed.

According to the law, a draft bylaw must be presented to the population during a public consultation meeting chaired by the mayor and attended by a majority of council members, as well as the clerk or clerk-treasurer. A bylaw, which would make permanent changes to the composition of the municipal council, may then be adopted at a meeting following the consultation.

Dundee mayor Linda Gagnon says she intends to bring this up with members of the municipal council during a work session in October. “If we want to move in this direction, we have to move fast,” she acknowledges, while noting there are some pros and cons, and she does not want to rush things. 

Gagnon says the municipality is not having trouble recruiting councillors. “Reducing the council to four members might help with the budget, but democracy wants the opinion of as many people as possible to be heard,” she explains. “Going in this direction just to cut expenses requires careful consideration.” 

If a bylaw is passed, the elected officials currently in office would be able to complete their mandate. The four councillor positions and that of the mayor will then be opened to candidates during the 2025 general election period.

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