Lawyers for homeless community living under Ville-Marie expressway appeal court decision to evict

Lawyers representing the homeless community that lives under Montreal’s Ville-Marie Expressway, say they’re appealing a Quebec Superior Court decision to not renew an injunction to stop the eviction of the campers.

The decision came last Tuesday, Judge Pierre Nollet ruled that after June 16, the 20 or so people living under the highway will have to be evicted.

This would allow Transport Quebec to conduct $35 million worth of maintenance work on the structure that supports the overpass – which they say should take up to three years.

It was supposed to have started last fall.

The unhoused residents wanted the eviction delayed until July 15.

“Forcing people to leave this area by the end of the week will only do harm,” said Na’kuset, Executive Director of NWSM and Director of Development and Philanthropy of Resilience Montreal, at a press conference under the overpass on Monday. “What we’re asking for is just another month to help the people to move to a safe environment. I don’t think that’s difficult.”

“I really don’t know where to go, I don’t know where to go,” said Jacco Stuben, a resident of the encampment for over 10 years. He is one of the many left without access to affordable housing. “It’s not fair what they’re doing – why do you give us to the last moment to leave…give us some time.”

“In a city that says that ‘no one is left behind’, after June 16^th there will be further alienation,” added Na’kuset, in a press release June 9.

“If we learn from the recent Vancouver’s East Hastings forced displacement, housing advocates state that the homeless resources are overwhelmed and some have even called this a violation of human rights. Any Montrealer can see that those that can’t find housing, find safe spaces in the Metro, alleyways, abandoned buildings, etc. This will only increase after the June 16^th eviction.”

An injunction had been granted in April, allowing the occupants to temporarily stay put, giving them a chance to find a place to live as the weather improved.

According to the judge, there is nothing to indicate they would have left the premises themselves before mid-July if he had granted them an extension.

Adding that while they’ll be more vulnerable once evicted, there are resources available and they are occupying a space that is not available to the public, and living where they are not allowed to be.

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MORE ON VILLE-MARIE EXPRESSWAY ENCAMPMENT:

• Homeless camp under Ville-Marie Expressway: Eviction delayed until June 15, injunction extended
• Petition urges Quebec government to find funds to house those living under Ville-Marie Expressway
• Interim injunction to suspend eviction of homeless people under Ville-Marie Expressway for 10 days
• Lawsuit to stop evictions of homeless under Ville-Marie Expressway
• Lawyers, province negotiating to find housing for those living under Ville-Marie Expressway

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Clinique Juridique Itinerante helped the group of 15 to 20 homeless people obtain two court injunctions earlier this year to postpone the dismantling of the encampment. The goal was to give them more time to find another place to live.

A first eviction notice was sent last November, but the Ministry of Transport chose to postpone its repairs to the highway to allow time for those living there to leave.

The Ministry turned to the courts in March to obtain an eviction notice.

In his decision, Nollet says the land belonging to the province is not a public space like a park, which means individuals do not have the right to be there. He added that irrefutable evidence shows the work on the highway is absolutely necessary, recalling the Montreal region has already witnessed the “disastrous consequences” of the lack of maintenance of road infrastructures.

Advocates blame the provincial government for not doing enough to help the campers find housing. They say that of the people living under the structure, 75 per cent are being processed for housing, but they needed a few extra weeks to finalize arrangements – which they now don’t have.

“We are concerned for the safety of this group of people who will be forced into even more precarious situations if they are forcefully removed from this area. We need a firm commitment of the safety of the people living under the bridge,” said David Chapman, Executive Director of Resilience Montreal. “Where they’ll be headed is isolated areas…forested area…the reality is they will be in less safe circumstances and will most likely be alone. And that’s precisely why we’re making this case – it’s a case about the life and health of the people living under this bridge.”

 

“It takes time, that’s why we’re asking for additional time so that adequate and safe housing can be provided.”

“There is a concern about harm, they need to remove people, but what about the harm to people,” added Na’kuset, “We are asking for your help to aid those most vulnerable. I don’t think it’s too much to ask, especially in a city, that they don’t leave anyone behind. I’m afraid that by the end of the week, there will be a group of people that are left behind.”

Clinique Juridique Itinerante has been working with Resilience Montreal to advance the legal concerns of the people living under the bridge. “We acknowledge the help of the Old Brewery Mission, Equipe Connexion, le Chainon, and La Maison Marguerite for offering housing for the people living under the Ville-Marie expressway. Progress is being made, however, there are at least a dozen other individuals that do not have secure housing.”

With files from La Presse Canadienne, translated by CityNews