Save Summit Woods is a group of citizens concerned with the safety and free access of all visitors to Summit Woods, Westmount’s urban forest and bird and flower sanctuary, and they wish to ensure its preservation as a natural heritage site. The Legacy Fund for the Environment is supporting the fundraising for a legal challenge of Westmount’s recently enacted by-law amendment redefining this environmentally-sensitive area as a “dog park or dog run facility”.
Summit Woods is a bird and flower sanctuary and an important spring and fall stopover for migratory birds; it is a superb example of biodiversity in action. This natural urban forest on the western side of Mount Royal is part of the protected Mount-Royal Heritage Site[1] . It is listed as a heritage site in the Quebec Cultural Heritage Directory[2] and designated as part of Montreal’s heritage in the Montreal Agglomeration Land Use and Development Plan[3].
In the past, Summit Woods is where people also had the privilege to walk their dogs off-leash at certain times.
In 2018, the Provincial Government enacted the Act to promote the protection of persons by establishing a framework with regard to dogs[4] in response to the growing public safety problem posed by the sharp increase of dogs’ presence in public spaces, culminating in the death of a woman who had been severely mauled by a dog.
All municipalities must comply with the Act and apply the regulations enacted under it, specifically section 20 of Regulation No. 1 that stipulates that in a public place, a dog must at all times be under the control of a person capable of controlling it and, except in a dog run facility or when engaged in named dog activities, a dog must also be on a leash.[5]
Summit Woods is a public environment that hosts numerous plant and animal species that live there as well as its regular visitors. Over the years, there have been some concerning public safety incidents involving uncontrolled dogs. Various expert reports have been commissioned to assess the preservation and maintenance needs of Summit Woods, and they have found that off-leash dogs do indeed endanger trees, protected plant species, and bird-nesting habitats.
In March of 2024, Westmount was served with a letter of demand outlining the situation and claiming that the City had failed to comply with the legislation. However, despite the danger to and degradation of the biodiversity of Summit Woods and frequent expressions of public dismay regarding uncontrolled dog behaviour, Westmount opted to protect the privilege of dog-owners with regards to the park. Urban natural spaces are important ecological sanctuaries for native species, and when considering preservation it is important that all feet and paws stay in the designated areas so that future visitors can enjoy the space as well.
On May 6, 2024, shortly after being presented with the letter of demand, Westmount’s City Council approved and enacted By-law 1522-2024-01[6] amending By-law 1522, with the result that Summit Woods had been designated and re-defined as a “dog park” or “dog run facility”.
In 1991, in recognition of its primary purpose and function as a perpetual nature reserve, Summit Woods was formally designated as a “bird and wildflower sanctuary” in Westmount By-law 1078[7]. The 2024 amendment effectively changed that purpose and function.
In its present form, By-law 1522-2024-01 threatens public safety and the continued survival of the unique natural heritage that is Summit Woods. Specifically:
Even though it may be an inconvenience to resident dog-owners, requiring a leash while at the park protects the delicate flora and fauna that make a home there. It is important to remember that we as humans and individuals share our neighborhoods and spaces with more than just other people, but with nature that is given less and less space to live and thrive. If you want to protect the biodiversity and the beauty of the park for all residents big and small, please consider supporting us by making a donation through The Legacy Fund for the Environment website at: https://www.legacyfundenvironmental.org/donate/
On the fund line, select “Save Summit Woods” and make your donation, You will be issued an official tax receipt.
[2] https://www.patrimoine-culturel.gouv.qc.ca/rpcq/detail.do?methode=consulter&id=93313&type=bien
[3] https://smvt.maps.arcgis.com/apps/webappviewer/index.html?id=d152aaa85b6f4e9086cecdf10c7456db
[4] https://www.canlii.org/en/qc/laws/stat/cqlr-c-p-38.002/latest/cqlr-c-p-38.002.html
[5] https://www.canlii.org/en/qc/laws/regu/cqlr-c-p-38.002-r-1/latest/cqlr-c-p-38.002-r-1.html
[6] https://westmount.org/app-reglements/pdf/By-law1522-2024-1.pdf,
[7] Section 3 of By-law 1078 (https://westmount.org/app-reglements/pdf/By-Law1078.pdf) amending Zoning By-law 978: “s. 4.6.1. Summit Park is hereby designated as a municipal park established as an urban forest and bird and wildflower sanctuary.”
[8] CQLR c.P-38.002 (see footnote 4 for the link to the Act)
[9] Section 6 of Westmount By-law 69 https://westmount.org/app-reglements/pdf/69c.pdf
[10] Footnotes 7 and 9.
1876: Inauguration of Mont-Royal Park, designed by landscape architect Frederick Law Olmsted (1822-1903)
1934: First public mention of the summit property as a natural reserve
1940: Purchase of the summit property by the City of Westmount on condition that it remain a park “in perpetuity “
July 8, 1987 : Notice of motion designating the Montreal portion of Mt. Royal as a “Heritage Site”
December 15, 1987: Formal designation of the Montreal portion of Mt. Royal as a “Heritage Site”
1991: Summit Park officially designated a “bird and wildflower sanctuary” in Westmount By-law 1078 (amending its Zoning By-law 978)
2005: By provincial decree, Mount Royal Historic and Natural District , which included Westmount`s summit is created, and a Table de concertation de Mont Royal is instituted
2010: At the suggestion of the head of the Morgan Arboretum, Summit Park is re-named Summit Woods to reflect its character as an urban forest
June 13, 2018 Enactment by the Quebec Government of An Act to promote the protection of persons through the establishment of a dog framework CQLR c-P.38.002 (Loi visant à favoriser la protection des personnes par la mise en place d’un encadrement concernant les chiens)
March 18, 2024: City of Westmount served with letter of demand to the effect that it was not in
compliance with above provincial legislation which stipulates that dogs must be on leash at all times in a public place and under the control of its owner or guardian except in a dog run facility or if engaged in dog-related activities
April 8, 2024 : Notice of motion to that Summit Woods, a bird and wildflower sanctuary, was henceforth to be defined and designated as a “dog run facility”
April 11, 2024 : In response, an on-line petition is launched by a Save Summit Woods group of citizens
May 6, 2024 : Adoption by Westmount of By-law amendment No 1522-2024-01 defining Summit Woods as a “dog run facility” (“aire d’exercice canin”)
The Legacy Fund is delighted to collaborate with environmental citizen groups to coordinate and finance biodiversity studies for the preservation of the natural areas they defend. We have an extensive network of professionals who can help you obtain, publish and defend your environment through a properly conducted biodiversity survey. Please email us at admin@legacyfundenvironmental.org to discuss a potential partnership, fill in the form on the Propose a case page of our website and/or make a donation by clicking the following link.
We look forward to hearing from you!
Don’t miss anything!