Homeless under the Ville-Marie highway | The court orders the dismantling of the camp

Homeless people living in a camp under the Ville-Marie highway, near downtown Montreal, will have to leave the premises before June 15, a Superior Court judge ruled on Tuesday.

Representatives of the group of campers had asked the court to give them until July 15 before the eviction, so that they would have time to find housing, but this was refused by judge Pierre Nollet.

The Ministère des Transports du Québec (MTQ), owner of the land, has been asking since last November for the dismantling of the camp of a dozen people, because it must undertake a construction site of 36 million, over three years, for the repair of the viaduct. from the highway.

“The present case highlights the monumental challenges encountered in order to meet the needs of the homeless population,” Judge Nollet underlines from the outset in his decision.

He then explains that he must consider “the balance of convenience”. “It must be determined which of the two parties suffers the greatest prejudice depending on whether the interlocutory injunction is granted or refused pending a decision on the merits,” he writes.

“Caring Community”

For the campers, an expulsion means the end of their “community of mutual aid”, recognizes the judge. “There is a risk that the dismantling of the encampment will have devastating effects on the safety net and mutual aid that it provides and would plunge its members deeper into instability and isolation”, can we read in the judgement.

But each day of delay in the work also poses a danger to the safety of users of the Ville-Marie Expressway, since the damage to the structures is significant. “Cracks in the concrete are visible and are a potential sign of reduced structural capacity,” notes the judge, adding that emergency interventions could force unscheduled closures, “affecting the thousands of daily users”.

“The Montreal region has already seen the disastrous consequences of the lack of appropriate care given to road infrastructures. Besides the economic consequences, there are human consequences at play. They cannot be ignored. »

Costly delays

While agreeing with the government, Judge Nollet pointed out that the delays caused by the refusal of campers to leave the premises will cost taxpayers hundreds of thousands of dollars. “In this context, it may seem surprising that the relocation of occupants is not part of the project costs,” he says, adding that everyone would have come out winners if public funds were used to house these homeless people. “However, this is a decision for the executive. [gouvernement] and not the judiciary. »

Last week, the lawyer for the MTQ mentioned costs of 2 million caused by delays in the construction site.

Judge Nollet also points out that the steps to relocate the inhabitants of the camp should have been undertaken long before. “The proof is that these resources exist. […] If everyone had mobilized in November 2022 to find a solution, we would not be talking about the present situation. »

The Traveling Legal Clinic, which represents campers in court, was in court last week asking for an extension until July 15 of the deadline granted before the dismantling. The date of June 15 had previously been set by another judgment.

Their lawyer then explained that only three homeless people have been relocated to housing so far, including one in a temporary shelter.

A couple, whose 42-year-old wife is pregnant, were in the process of registering for the Rent Supplement Program (PSL), but they still had not found an apartment. Six other campers, aged 44 to 69, also had no place to stay; they were in the process of completing the necessary paperwork for their participation in the PSL. As for three other residents of the premises, they were reluctant to get help to leave their tent.

The Director of the Traveling Legal Clinic, Mr.^e Donald Tremblay, indicated at the end of the day Tuesday that he was studying the judgment before deciding whether there would be an appeal. As for the steps to find accommodation for the campers, they are still in progress, he said.