Neighbors of two large Montreal homeless shelters went to court this week in the hope of receiving compensation of at least $25,000 each for their inconvenience.
Two requests for class actions were filed in the Superior Court on behalf of residents near Hôtel-Dieu, rue Saint-Urbain, and the Open Door shelter, in Milton-Parc.
They cover neighbors who have suffered “the consequences of the behavior of homeless people who are intoxicated and/or experiencing mental health problems”.
These impacts would constitute “abnormal neighborhood inconveniences”, as well as a violation of the fundamental rights of residents, according to the lawsuits.
In each case, the Quebec state, the City of Montreal and the organizations that manage the shelters are sued. All these actors “are at fault by not being concerned about the rights of neighboring populations and the meaning of their mission, by not managing the Refuge and the populations who reside there, by not being concerned about care, security, and fate of people expelled from the Refuge or not admitted,” it is written.
The plaintiffs also attack “the negligence, omission and non-compliance with the precautionary principle of the Defendants, for not having anticipated the consequences, in terms of neighborhood, of the influx of intoxicated homeless people, in poor physical health and mental, constituting an accessible and lucrative market for the sale of drugs, receiving stolen goods, prostitution, etc. “.
Class action requests must first be authorized by the court before a judge considers the merits. This type of procedure makes it possible to compensate a large group of people without each of them launching their own lawsuit.
“Too bad it’s taking a legal turn”
The proceedings were launched by Mr.e Gérard Samet, a Montreal lawyer experienced in class actions. He did not want to comment on the initiative without having obtained the green light from residents who act as representatives of their neighbors.
The City of Montreal did not respond to request for comment from The Press, late Friday afternoon.
“We are still learning about these procedures and we will take [des mesures] according to the planned legal steps, reacted Marie-Pier Therrien, spokesperson for the Old Brewery Mission, one of the organizations that manage the Hôtel-Dieu shelter. This is still very new for everyone. »
“It always pains us to read the extent of the issues that are being experienced by the population, we still find it a shame that it is taking a legal turn,” she added.
Our email and call to Open Door went unanswered.
Changed neighborhoods
The Hôtel-Dieu shelter was opened in July 2021, in the middle of the pandemic, on a temporary basis. It was firstly a place to welcome people experiencing homelessness who had to isolate themselves due to testing positive for COVID-19. The place then became a general emergency shelter.
Last winter, the minister responsible for Social Services indicated that the shelter would gradually close. “It has often been said that 180 individuals is a lot for cohabitation,” admitted Lionel Carmant. “The capacity will be reduced gradually and everyone will be relocated. »
PHOTO FRANÇOIS ROY, LA PRESSE ARCHIVES
The Open Door shelter is located in the basement of the Notre-Dame de La Salette church.
Open Door has been installed since 2018 in the basement of the Notre-Dame-de La Salette church, on Avenue du Parc. It is a shelter where homeless people can come impaired by alcohol or drugs without fear of being turned away. A significant proportion of places are reserved for Indigenous people.
The lawsuits allege that the arrival of these places in dense neighborhoods in the heart of Montreal completely changed the lives of local residents.
They therefore demand “an amount provisionally assessed at $15,000 as compensatory damages” for the inconvenience suffered, as well as “an amount provisionally assessed at $10,000 […] as punitive damages aimed at repairing the intentional violation of their rights protected by the Canadian Charter and the Quebec Charter.”
The closure of shelters is also requested.