Montreal Faces Legal Hurdle in Removing Homeless Encampment
The City of Montreal has hit a roadblock in its efforts to dismantle a homeless encampment near the Van Horne overpass in the Plateau-Mont-Royal borough. The Quebec Court of Appeal has denied the city’s request to lift a temporary ban on removing the camp.
In a recent ruling, the Court of Appeal upheld the order that prevents the city from taking down the encampment. This decision allows approximately 10 individuals residing at the encampment, situated near a skate park and basketball court, to stay put until the Superior Court makes a final judgement on the matter.
The legal battle began when the Plateau-Mont-Royal borough tried to oust the encampment residents in May, citing obstruction of public space. Responding to this, the Itinerant Legal Clinic (CJI) swiftly filed for an injunction to halt the dismantling of the camp. Over the past eight months, the encampment had been the subject of numerous complaints to the city’s 311 service.
In June, a Quebec Superior Court judge temporarily blocked the city’s attempts to clear the encampment, following a safeguard order requested by the legal clinic supporting the homeless population.
Despite the city’s appeal, the Court of Appeal has upheld the temporary ban, ensuring that the encampment will stand as the legal proceedings unfold. The next pivotal step lies with the Superior Court, which will ultimately decide the fate of the encampment and whether Montreal can proceed with its removal.
