Judge to decide if Montreal class-action lawsuits over homelessness concerns can move forward

A Superior Court of Quebec judge will decide if two class-action lawsuits related to Montreal’s homeless situation near two shelters in the city can move forward.

The hearing on the authorization of the lawsuits filed by residents and business owners in the Milton-Parc neighbourhood and those living near Devonshire Park is taking place Tuesday and Wednesday.

The lawsuits against the City of Montreal, provincial health authorities and other organizations are seeking damages of some $25,000 per affected person for what claimants are describing as “cohabitation issues” in the area.

“The residents are saying, ‘look, it’s enough,’” said Andrée Deveault, the Milton-Parc resident who is the representative on one of the two class actions. “We live here, and we find syringes in our backyard and so on and so forth. The sidewalks are blocked, screaming constantly, crimes, criminality, drug dealers everywhere. A friend of mine was attacked by a drug dealer, phone stolen. It’s just gotten completely out of hand.

“It’s been seven years now. And we say, ‘look, it’s enough. The situation has to stop. And you have to be accountable.’ They’re not accountable. And they say the magic word: cohabitation. Well, I have news for you. Cohabitation does not work.”

Named in the Milton-Parc class action is the Open Door shelter, located on Parc Avenue not far from Milton Street.

“The facilities are inadequate,” Deveault said of the shelter. “They themselves recognize that it’s inadequate. And allegedly, they’re looking for a new place. Well, I say allegedly because it’s taken them a long time. Well, it’s not functioning. And also, the history is that they always care about what’s happening within their walls. But it has effects in the neighbourhood, obviously. So I suppose you need more manpower to navigate in the neighbourhood and take care of all the problems. It’s nearly impossible. But at the source, really, the homeless, there they are on the sidewalk, not being taken care of.”

The second group represents residents near Devonshire Park, where there was a shelter at the Hôtel Dieu de Montréal that now serves as a warming centre.

“For the residents, like for myself, they already stole around $2,000, the value,” said Éric Faille, the citizen representative for the second class action. “And so they have vandalism, and they have drug dealing inside our stairs, they pee everywhere, that’s the major problem we got. And also I stopped to count the people, they tried to assault me.”

“Whether it’s here in Milton Parc or in Devonshire or in Chinatown or in Hochelaga, the situation is the same: damages to property, physical assault, harassment, intimidation, they can’t sleep at night, the fear of going out late at night, they have all kinds of inconvenience they have to deal with because of this bad planning,” said Fo Niemi, the executive director of the Center for Research-Action on Race Relations (CRARR).

The lawyer representing the two citizen groups says their cases are based on a lack of means to prevent residents’ safety concerns.

“We maintain that these people were not supervised, that there were no consequences to the establishment of these shelters, not only because there was no coordination or consultation with the people who live in these neighbourhoods, but also because the consequences could have been anticipated,” said Gérard Samet.

A City of Montreal spokesperson told CityNews it would not comment due to the legal proceedings involved.

The hearings could conclude Wednesday, but a third date is scheduled if necessary for Jan. 28. The judge is then expected to make a decision on whether the case will go ahead.