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Written by Fabio Bandera
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That time of the year's here again!! Brossair will host its summer fun-fly on Saturday August 14th (or sunday in case of rain). Don't miss it and bring your family and friends !
On another note, several club members are putting together a video about model airplanes/helicopters which will then be sold to raise funds for the club. It is an enormous task and we request the help of anybody who wishes to contribute content, or who has technical knowledge on video editing. The club obtained the MAAC's blessing for this project and the video will be advertised in the MAC mag. Anybody who wishes to contribute can contact Camille Hébert See you all there!
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Brossair still in legal limbo |
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Written by Isabel Deslauriers
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(Letter from our club president, Camille Hébert) The majority of you all know about all the events we have lived with the Commission on agricultural lands, and it continued to cause us worry and huge spending in 2009.
Earlier at the beginning of this year we were optimistic because our appeal case was finally heard December 2, 2008, after several programmed delays.
I personally testified at the hearing, with Pascal Forget. Our efforts and especially the arguments of our lawyer convinced the 2 judges of the case to overturn the decision that had expelled us from our flying site. Thus, February 26, 2009 they issued an appeal decision (No. ETS-M-140526-0712) which gives the club Brossair the right to occupy the land where we are, since 1984, for model flying. For as long as we exist and have concluded an agreement with the landowner. In the process, they require a formal plan for our occupied area carried out by an expert in this field. Our costs were $ 1054 dollars for this expertise. It was provided in July CPTAQ, a week before the deadline.
Unfortunately, March 23, 2009, we got a very serious and very discouraging blow when CPTAQ requested permission to appeal our decision in civil court of Québec, a division of administrative appeal. A right that both parties can have if serious reasons so warrant, and it is believe that the civil judge will agree to allow the appeal if the public interest is high, or the damage caused to the plaintiff by the decision is very serious.
A very important point is that such authorization would cancel the practical application and destroy our relevant decision. In this case, our victory would be deleted.
Once again, our lawyer has been put on the case since we cannot we represent ourselves and know we do not have the expertise anyway.
This was particularly complex for many reasons raised in the appeal process.
The worst part of being a test case recently presented to the Court of Appeal of Quebec and is now under deliberation and which is very controversial for them like a hot potato since they must either accept or deny a comprehensive more simple approach adopted by government and legislators and implemented in each administrative tribunal doing business with citizens, such as road accidents(SAAQ) and accidents at work, health, agriculture (us), professional services and many other areas of human activity.
On June 3, 2009, hearing in the permission to appeal request was heard, with our lawyer ready to fight it for us. At this point, the judge on the case, seeing the difficulty making a decision without prejudice for both parties in a serious manner, has asked both parties to agree on an extension of that permission to appeal for 90 days after the appeal court has given its ruling, and allow even further delay if the case is brought before the Supreme Court of Canada.
So where are we standing?
Our victory is and remain in the books, we gave a lot of energy on all these "things" instead of take care of the grounds maintenance and services for members.
In the future, CPTAQ could return to ask the right to appeal, if the ruling of the court is in its favour, if not, our victory will remain. The costs of this saga has been very high: $ 24,500 in total since 2007 and especially $ 7,403 in June while we did not have access to that amount. Thanks to an outstanding contribution of a generous friend of the club totalling $ 3,000 that we hope to give him back in the future, we paid $ 5,500. So we are currently in deficit. A request for emergency assistance has been submitted to the MAAC that we should hear about soon and a request to meet with the provincial MP has been rejected by her. |
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Written by Camille Hébert
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Here is a brief summary and account of the appearance of December 2nd 2008 of our club Brossair at the TAQ - Administrative Tribunal of Quebec.
The purpose of this day was to appeal the decision to expel CPTAQ our club from a part of a lot of agricultural land where our flight facilities are located. The expulsion was based and explained in 30 points. |
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