Montreal, August 15, 2024 – The Commission d’accès à l’information (Quebec access to information commission, or CAI) has issued its ruling on a case opposing citizen Brigitte Watson and developer Cadillac Fairview Corporation Limited regarding heavily redacted information on the announced commercial and residential project in Pointe-Claire’s Fairview Forest.

Only the promoter objected to this information being made available, whereas the Ministère de l’Environnement agreed to full, unredacted disclosure of all targeted documents.

As a reminder, since June 2021, Brigitte Watson has been requesting access to the developer’s application for ministerial authorization, and all related documents, and has contested the heavy redaction appearing in the various documents obtained. In March 2024, CQDE lawyers represented Ms. Watson before the CAI to promote access to environmental information, a cornerstone of citizen involvement. 

In particular, the Commission’s decision confirms that it is up to the Ministry, and not the developers, to decide whether or not to disclose the location of threatened or vulnerable species. 

The Commission also confirms that it is the promoter’s responsibility to bring forward any confidential industrial or commercial codes that may be found in the documents submitted to the Ministry, and not each of the consultants the promoter has mandated. The latter approach, advocated by the promoter, would have constituted a “major obstacle to a sound system of access to [environmental] information.”

The decision represents a major milestone for access to environmental information, but has already been appealed by the promoter. Moreover, the CQDE points out that this lengthy process, involving numerous stakeholders, could have been avoided if the public environmental information register had been made available online, as stipulated by the Environment Quality Act (EQA) seven years ago.

“This is good news to celebrate after a long process during which CQDE provided me with solid support. Defending one’s right of access to information as a citizen should be quicker and simpler! I want to warmly thank the CQDE for their invaluable pro bono assistance in this matter,” declares Brigitte Watson.

“It’s a victory for this citizen, who has shown great perseverance in ensuring that her rights are respected, and that everyone has access to environmental information,” asserts Marc Bishai, a lawyer with the CQDE. “Every year in Quebec, hundreds of Brigitte Watsons go through lengthy processes to receive the information they need. If the public environmental information register had been available online, it would have taken her just one simple click and a few seconds, rather than undertaking lengthy procedures, needing the support of lawyers ,and waiting more than three years before accessing the information she was after,” adds Me Bishai, who will continue to represent Brigitte Watson in appeal before the Court of Québec.

As the promoter is appealing this case, the CQDE reminds us that putting the public environmental information register on line to access this information with a single click is more urgent than ever.

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