Residents who will lose land after the federal government expropriates properties in and around Lac-Mégantic, Que., for rail bypass say they are mulling a legal challenge.
Ottawa released a statement Wednesday confirming that it was going ahead with the expropriations without the consent of all affected land owners. The bypass would remove trains from Lac-Mégantic’s downtown area, where a train crashed in 2013 and killed 47 people.
Federal Transport Minister Omar Alghabra and Procurement Minister Helena Jaczek said the federal government will take physical possession of the parcels of land required for the project on Aug. 1.
Alghabra requested the expropriations to complete the bypass, which has been a major demand from Lac-Mégantic, where on the night of July 5, 2013, a runaway train carrying crude oil derailed and exploded.
In 2018, Prime Minister Justin Trudeau and then-Quebec premier Philippe Couillard announced joint funding for a project to divert trains around the heart of the community, a proposed 12.5-kilometre route that passes through the municipalities of Nantes, Lac-Mégantic and Frontenac.
The project has been mired in delays and met by vocal opposition from unions and neighbouring communities.
Unions representing forest producers and farmers say they would seek a judicial review of the decision in Federal Court and ask for an injunction, arguing that the government hasn’t listened to their concerns and is acting in bad faith.
Before any work can begin, the rail bypass project must be approved by the Canadian Transportation Agency. The federal government said an application has been filed.
Some locals have raised concerns about the environmental impact of the bypass, including on nearby wetlands and drinking water wells in the area. The Coalition of Collateral Victims, a citizens’ group, noted that even with the bypass, the rail line still passes through Lac-Mégantic and close to residential areas.
“‘Basically if there’s another derailment, even with this new rail bypass, you have to evacuate the entire town, so it doesn’t change anything in terms of safety,” said Kurt Lucas, who is among the 43 land owners being expropriated.
“That’s why we say it’s nonsensical because how can you move forward, spend a billion dollars for something that is less safe than what we have now?”
Lucas will see his property in Frontenac, Que., severed in two by the bypass. He and others were informed of the expropriation in a late Wednesday afternoon email.
The government says it started negotiations with land owners in October 2021 and extended them three times, until January 2023, but was unable to reach deals with everyone. Ottawa says all owners will receive fair and equitable value for their expropriated property.
Lucas, who is a member of the Coalition, said a formal announcement about a legal challenge is expected next week.
A closed-door meeting was held between Transport Canada officials and three nearby mayors Wednesday, but residents weren’t invited and many questions went unanswered, said Frontenac Mayor Gaby Gendron, who attended.
“People are disappointed, even if they expected it,” Gendron said. “To find out the way we did was a bit cavalier on their part from my view point.”
In a referendum held this year, 92.5 per cent of nearly 700 eligible residents of Frontenac opposed the Lac-Mégantic bypass project.
Gendron said there are major concerns about water contamination and 138 wells that could be affected during and after construction. Gendron added there is a provincial decree forbidding mining or drilling in part of the area where the bypass will be constructed.
A coalition of citizens who have advocated for the Lac-Mégantic bypass and better rail safety said it preferred not to comment on the expropriations, deploring the tension created by the bypass project.
Lac-Mégantic Mayor Julie Morin was not available to comment Thursday, but she has come out in support of the bypass. She has said that while consensus isn’t likely on such a large project, Ottawa should minimize the impact on nearby communities as much as possible.