Legal clinic requests injunction to stop Montreal homeless encampment eviction

A legal clinic supporting those experiencing homelessness is asking the Quebec Superior Court to suspend the eviction of people living under the Ville-Marie Expressway.

Those living in the encampment have been told to move by March so construction can get underway on the expressway, which would last until 2025.

The Mobile Legal Clinic (MLC) filed court documents for a safeguard and injunction, asking for the eviction date to be pushed back to July 15 for the 20 or so people affected. 

It argues that forcing these people to leave during the winter would restrict their freedom and right to dignity, violating Section 1 of the Quebec Charter of Human Rights and Freedoms and Section 7 of the Canadian Charter of Rights and Freedoms.

The Transport Ministry, which owns the land, already postponed a first eviction in November, saying it wanted to put a plan in place to shelter those living there. It stresses the changes must happen as soon as possible.

It also told Radio-Canada that the safety of those living in the encampment would be jeopardized by the construction.

Losing community support

The MLC worries dismantling the camp would strip those living there of their community and push them further away from nearby necessary resources.

"They will lose that capability to watch over one another," said lawyer Éric Préfontaine. "If, at the end of the day, they are being forced to move out, it's for either a similar place where they will get back this sense of community, but ideally in an even better place where they will have a real shelter like social housing."

The MLC worries "they will search for abandoned buildings, construction sites, forest areas or dark corners to relocate," it said in its legal demand.

It maintains that the Transport Ministry should be responsible for taking care of finding a suitable place to relocate those living under the expressway, saying "no alternatives or solutions have been presented to those being evicted."

The Old Brewery Mission, which supports the legal request, says shelters are overflowing.

Shelters also often have strict rules to follow, which may not make them accessible to everyone.

"In some cases, we are not the right place for these people. Some of them have medical conditions, some of them have animals, one of the residents of the camp is pregnant, some of them need addiction services that are not available," said James Hughes, president of the Old Brewery Mission. 

"So really you need adapted services to support people."

The Transport Ministry declined CBC's request for comment since the case is before the courts.