The legal challenge to a regulation by the municipality of Saint-Jérôme aimed at prohibiting the erection of homeless encampments on public property could modify the cities’ strategies to deal with this phenomenon.
The Traveling Legal Clinic, an organization defending the rights of the homeless, has filed a lawsuit against the small Laurentian town, claiming that the ban contravenes the fundamental rights of the homeless.
The organization notes the disparity between the local homeless population and the number of beds available in emergency shelters, emphasizing that some homeless people “have no choice” but to sleep outside.
Professor of law at the University of Ottawa, Marie-Ève Sylvestre says a victory for the plaintiffs in court could mean an end to the forced dismantling of homeless encampments in cities where alternatives are insufficient.
According to her, there is a lack of clarity in the right of municipalities to dismantle encampments.
Professor Sylvestre believes that the lawsuit filed against Saint-Jérôme has the potential to set a precedent in matters of shelter.
In the documents submitted to the Superior Court of Quebec, the Legal Clinic maintains that the regulation must be declared unconstitutional, because it contravenes the rights to life, liberty and security of the person enshrined in the Canadian Charter of Rights and freedoms.
“Due to the very limited number of places in emergency accommodation [six seulement]”, many people experiencing homelessness have no other choice than to sleep outside in camps or makeshift shelters located in different areas of Saint-Jérôme,” she mentions.
The place also offers 50 places for temporary housing. A “warmth stop” that can accommodate around fifty people has also been opened there. No one can sleep there, however.
Forced evictions
The clinic also reports on authorities’ efforts to prevent homeless people from setting up tents, mentioning an incident that took place on October 22, 2022 when officers issued tickets totaling more than $12,000 to 16 people who were camping in a public park.
“The forced eviction of said people without protective measures and during the winter months represents a major disruption which constitutes significant trauma that can have aggravating effects for already highly vulnerable people,” we read in the lawsuit.
Alain Laliberté, a 58-year-old homeless man, is one of those who received a fine for violating this regulation. He argues that the lack of beds and the accumulation of fines are all obstacles to improving his life.
“I get tickets all the time. I am not able to pay. I try to get up, but on the other side, those who should be helping me give me a leg and then I fall,” he complains.
Chantal Dumont, responsible for helping the homeless at the organization Le Book Humanitaire, deplores that the regulation has forced the homeless to constantly move around the city, which complicates the task of those trying to provide them with assistance.
“The bond of trust is built precisely with small actions like that and the consistency of these actions. But there, it could be that you arrive the next day and that the person has been dislodged. We have to look for her, we have to find her… Does she think that we were looking for her, that we didn’t find her? Does she think we just forgot about her? »
She maintains that services for vulnerable people have not been able to keep up with the increase in the homeless population, which doubled from 2018 to 2022, according to provincial data.
Regulations to reverse the trend
In a press release published Wednesday, the City of Saint-Jérôme defends its by-law prohibiting tents and temporary shelters in public spaces. “This regulation aims in particular to ensure the safety of people in order to prevent the risks of fire and carbon monoxide poisoning in shelters and tents,” the authorities justify.
The by-law also prohibits the use of cooking or heating appliances powered by fuels other than solid in its streets, parks and public squares.
Mayor Marc Bourcier says that the City hopes to collaborate with community organizations and the Espoir team of the CISSS des Laurentides. “But it cannot replace the Ministry of Health and Social Services in assuming the population responsibilities that fall to it in the first place,” he emphasizes.
A spokesperson for the Minister responsible for Social Services, Lionel Carmant, says that the government is already committed to providing services and assistance to the homeless, mentioning in particular the recent investments in La Hutte and in the establishment of a 12-bed accommodation project accessible 24 hours a day as well as a day center in Sainte-Thérèse, approximately 25 km from Saint-Jérôme.
“As Minister Carmant always mentions, the objective is to reverse the trend in homelessness and, for that, we will need the collaboration of all the actors involved in the fight against homelessness,” said Lambert Drainville.
The Traveling Legal Clinic had requested a temporary interlocutory injunction to prevent authorities from continuing to dismantle the encampments, but the judge denied the request on January 5.
Both the Clinic and the City declined to make further comments because the procedures are ongoing.