Lawsuit to stop evictions of homeless under Ville-Marie Expressway

Residents of an encampment under Montreal’s Ville-Marie expressway are fighting their eviction set for April first, taking the provincial government to court with the help of a free legal clinic, who say the eviction would put the lives of those here at risk.

“It’s certainly not every day that something like this occurs, and it’s sad that it had to come to this,” says David Chapman, the executive director and founder of Resilience Montreal.

#WATCH: “It’s sad it had to come to this,” says David Chapman, director of Resilience Montreal, as residents of an encampment under the Ville-Marie expressway are fighting their eviction set for April first, taking the provincial government to court.https://t.co/OPRAdCDQDM pic.twitter.com/LS03RAJiK6

— CityNews Montreal (@CityNewsMTL) March 21, 2023

The lawsuit filed in Quebec Superior Court, reads, even though it is the responsibility of the Quebec Government to ensure relocation of the Community “no alternative or solution of relocation has been presented to its members with a view to eviction” adding, “the loss of the support network formed by the community constitutes a trauma that can have aggravating effects for people who are already highly vulnerable.”

Homeless encampment under Montreal expressway (Photo credit: Felisha Adam)

“It’s really a question of trying to be human and preserve their dignity,” says Éric Préfontaine, part of the group of lawyers representing the Mobile Legal Clinic, a group that provides pro-bono legal service to the homeless – is aiming to get a permanent court injunction on behalf of the residents which would push the eviction to a later date.

“The very first objective is to make sure that, first of all, there’s a real discussion as to what should happen to them,” says Préfontaine.

Jacco Stuben a long time resident of the encampment says those in the encampment just want a chance, “please give us a chance,” he pleaded, asking the Ministry of Transportation to “think whether what you’re doing is right. Put yourself in our shoes.”

“The probability is that they will be alone, and what that means is that not only is this a very stressful thing, to just be evicted in the middle of the winter, but it’s also, a more dangerous thing,” Chapman stressed.

#WATCH: “All they have,” says Éric Préfontaine, part of the group of lawyers requesting an injunction to stop eviction of homeless camp under Ville-Marie Expressway set for April first.https://t.co/OPRAdCDQDM pic.twitter.com/aP0eCPCQZM

— CityNews Montreal (@CityNewsMTL) March 21, 2023

“That’s basically all they have,” says Préfontaine, about the community those in the encampment have built, “if they are evicted, they will lose even that.”

Homeless encampment under Montreal expressway (Photo credit: Felisha Adam)

Chapman says since the first notice of eviction in November 2022 which was later postponed, the Government of Quebec and the Ministry of Transport have had adequate time to provide alternatives.

“After all these months, more suitable housing options couldn’t be found. A more suitable spot, even for them to put up their tents, couldn’t seem to be found,” he says.

Chapman says, 90% of those who live in the encampment would take housing if it were available to them, but currently some have had to wait years on waitlists and many do not qualify to stay in shelters for reasons based on being under the influence, owning a pet, or having a partner.

Homeless encampment under Montreal expressway (Photo credit: Felisha Adam)

“Some people here would be excluded for one reason. Some here would be excluded for all three,” says Chapman.
Préfontaine says “it’s important that the system is aware of the strong difficulties lived by these people,” adding “it allows for an opportunity for the authorities to say, no, we will not just move this problem away. We will consider it and try to find a permanent solution.”

The court case is expected to be heard March 22.