mount royal cemetery asks court to block closing of camillien-houde way
the cemetery says the plan is illegal and contravenes a 1928 agreement with the city.
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mount royal cemetery is suing the plante administration, citing a 96-year-old agreement with the city, to oppose the 2027 vehicle ban on camillien-houde way on the mountain. failing that, the cemetery says the city should pay it $15 million in damages.
the move follows “the city’s unilateral decision and the failure of our discussions with representatives of the current administration,” maxime jacques, general manager of mount royal commemorative services, said tuesday.
“we hope this legal action will convince the city to develop a project that respects the rights of our lot owners, their families, and all clients and visitors to our facilities while promoting harmonious coexistence for all.”
in september 2023, mayor valérie plante announced montreal would completely shut camillien-houde to cars, with the roadway replaced with space for pedestrians and cyclists.
currently, drivers can reach the top of the mountain via camillien-houde from the east or remembrance rd. from the west. under the plan, remembrance road would remain open to vehicles.
days after plante’s announcement, the cemetery, which has an entrance on camillien-houde, sent the city a legal letter asserting that the road closure would contravene a 1928 agreement between the cemetery and the city.
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“the closure of the camillien-houde route will cause major harm and significant damage to our client,” the cemetery’s lawyers said in the letter, a copy of which was obtained by the gazette.
“more particularly, this closure will undoubtedly have the effect of diverting transit traffic towards the cemetery access road, which would notably damage cemetery roads, harm the tranquillity of the premises, cause significant inconvenience and endanger the health and safety of customers, users and visitors as well as employees.”
on tuesday, jacques said the cemetery turned to the quebec superior court to “protect and assert its right of access and passage on camillien-houde from (its) entrance of the mount royal cemetery.”
the cemetery is concerned about the impact on “the safety and tranquility of grieving families and the cemetery’s operations.”
last year, the gazette revealed that montreal had been warned the project would reduce accessibility, increase driving times for visitors arriving by car, and face potential challenges due to the legal agreement with the cemetery.
the warnings were in a march 2023 city-commissioned traffic study by engineering company cima+, obtained via an access-to-information request.
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in the 1920s, montreal swapped land with the cemetery as it expanded mount royal park and developed plans for a tramway along the route that eventually became camillien-houde.
the deal included a notarized document allowing the cemetery access to the right of way in perpetuity.
“an agreement dating from 1928 with the city of montreal guarantees (the cemetery) access from the road for vehicles coming from the east or west,” the cima+ report said.
in its 21-page legal motion, the cemetery asks the court to:
- recognize the perpetual easement of pedestrian and vehicular passage on camillien-houde as it currently exists;
- recognize the city’s obligation to allow visitors access by car to the cemetery’s camillien-houde; and
- order the city not to proceed with the camillien-houde plan in a way that would prohibit cemetery vehicular traffic.
under the city’s current plan, visitors would continue to be able to reach the cemetery by car or bus from the west or via the entrance at the foot of the mountain in outremont. visitors would also be able to reach the cemeteries on foot via the path that is to replace camillien-houde.
montreal city hall shows no signs of backing down.
“vehicular access via camillien-houde is not in the plan,” said catherine cadotte, a spokesperson for plante.
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“we are confident that we can address the concerns, as both the cemetery and mount royal park will remain accessible to all modes of transport,” cadotte said.
she said “a project as large as the redevelopment of camillien-houde requires co-ordination with many partners, each with specific needs, necessitating compromises for all.”
the plan “will bring changes in habits, and we will maintain a dialogue throughout the process. we are confident we can find solutions.”
montreal is working on a $91-million revamp of the area, with the camillien-houde portion expected to cost $38 million.
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