The camp on rue Notre-Dame can remain in place at least until August 27, decided a judge on Monday. Even after this date, a dismantling will not take place so long as Montreal and Quebec will not have clearly ruled on the future of camps.
“This is a very good decision for people in homelessness, because it will avoid them a lot of anxiety and stress in the coming times,” said M on Monday Me Donald Tremblay, the founder and managing director of the traveling legal clinic (CJI), when he left the courthouse.
On June 5, at a time when the Ministry of Transport and Sustainable Mobility (MTMD), owner of the field on rue Notre-Dame, had notified the occupants that they should leave the premises, the CJI had emerged as an emergency to the Superior Court to prevent dismantling.
Three stay has since been granted, with an average duration of ten days each time and the order to “stop any approach aimed at eviction and cleaning the place”. These were then temporary injunctions. However, this time, the court’s decision was rendered on an “safeguard order” until August 27.
This means that the problem should first be resolved on the merits between the Ministry of Transport, the City, the Community Network and Campers, which could go through the development of a policy in the matter.
In other words, “nothing can happen after August 27 if the problem is not yet solved, except perhaps a new extension,” said Mr.e Tremblay.
In his judgment, the magistrate Gregory Moore nevertheless authorizes Quebec and Montreal to intervene with campers if a tent or a piece of furniture is less than 3 meters from the cycle path or 15 meters from an entrance to the Morgan park, or even if an object is backed or fixed to a fence belonging to a citizen.
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By email, the MTMD reiterated on Monday that it “cannot be expressed on the file, because it is judicialized”. Since the start of this case, the CJI has argued that “the right of people in homelessness to be able to shelter outside on public ground” has been recognized “when state or community resources are missing or insufficient” in the sector.
More recently, in early July, the Montreal Public Consultation Office (OCPM) also recommended that the City to tolerate the presence of itinerant camps and provide them with access to basic services, including drinking water, electricity or storage places.
In principle, the suspension of this practice would be contrary to the position of the mayor Valérie Plante. The latter has argued for several years already that the presence of a camp is accompanied by an increase in crime, risk of fire, even rape, and that the city must intervene to save lives. The important thing, says mme Plant, is to “have a roof above your head”.
Photo Charles William Pelletier, Special collaboration archives
In his judgment, the magistrate Gregory Moore nevertheless authorizes Quebec and Montreal to intervene with campers if a tent or a piece of furniture is less than 3 meters from the cycle path or 15 meters from an entrance to the Morgan Park.
The cabinet of Mme Plante has also hammered on Monday that this judgment “marks a new turn in the roaming crisis, while after the mayor, the other cities, the OCPM and the organizations, it is now a judge who notes the glaring lack of specialized resources”.
“We continue to follow the evolution of the file with the ministry who owns the field, and which requests dismantling,” said communications director Marikym Gaudreault.
Montreal claims in Quebec in particular more resources in mental health and consumption, a strengthening of financial support from community organizations and support 7 days a week.
