Citizens opposing the installation of an asphalt factory on Covey Hill are celebrating a significant win that may spell the end to the five-year legal dispute in Havelock.
The Tribunal Administrative du Quebec (TAQ) has upheld the final decision issued by the Commission de Protection des Terres Agricoles du Quebec (CPTAQ) to deny the establishment of the asphalt plant at the Carrières Ducharme quarry.
In a 37-page decision issued on May 19, the TAQ rejected an appeal filed in December 2024 by the Groupe Chenail Inc. that argued the commission’s interpretation of the Act respecting the protection of agricultural land and activities (LPTAA) contained both legal and factual errors. The Saint-Rémi-based company requested the court set aside the CPTAQ’s decision and either grant its application to run the asphalt plant until July 2039 or remand the case to the commission to be re-evaluated by two new commissioners.
The CPTAQ and the municipality of Havelock in turn requested that the Tribunal dismiss the appeal and confirm the commission’s November 2024 decision.
TAQ judges Annick Guérard-Kerhulu and Pascal Sarrazin reformulated Groupe Chenail’s arguments into three separate questions regarding the CPTAQ’s decision to refuse the asphalt factory. These were based on the potential impacts to the homogeneity of the farming community, the possible consequences to existing agricultural activities and their development, and the legal definition of “interested parties” and who should qualify to intervene in this case.
After analyzing the CPTAQ ruling, which was influenced by research and materials prepared by members of an ad-hoc committee set up by the municipality of Havelock and the testimonials of around 20 individuals, groups and organizations – including the Fédération de l’Union des Producteurs Agricoles de la Montérégie, the MRC du Haut-Saint-Laurent, Ambioterra, and several concerned producers and citizens – the judges found that while the decision contained certain errors, these were not decisive and did not invalidate the decision.
A historic ruling
Ambioterra director Priscilla Gareau said following the ruling that the TAQ had reached a fair decision from an economic, social, and environmental perspective. “In doing so, the TAQ has reinforced the authority and decision of the CPTAQ, whose mandate is to protect agricultural land in Quebec,” she added.
For Sharon deGaspé Power, who serves as the spokesperson for the ad-hoc committee, the TAQ’s judgement is especially significant. “We’ve created a precedent,” she said, noting this case represents only the second time the TAQ has upheld a CPTAQ decision to refuse the installation of an asphalt factory on agricultural land.
“It was really phenomenal how the whole community and our neighbours all came together in support against what could have been a very drastic industrial enterprise in our area,” said deGaspé Power.
“I’m just so proud of all the people who worked on this. It goes to show how community effort is so important – to keep on top of things, to be vigilant, and then to fight it out to the very end,” she added, noting this victory represents a triumph of community organizing, strategic legal action, and a commitment to preserving the agricultural and environmental integrity of the region.
“This is a major victory!” deGaspé Power exclaimed, before cautioning that there remains a possibility of further legal proceedings. The Quebec government generally refers to the TAQ as a “tribunal of last instance,” meaning its decisions cannot be appealed to another court; however, Groupe Chenail now has 30 days from the date of the judgement to decide whether it is worth continuing the fight.