Quebec’s Court of Appeal on Thursday rejected the City of Montreal’s request to appeal a judgment preventing it from dismantling a homeless encampment in Montreal. Montreal sought to overturn a permanent injunction filed by a group of lawyers on June 8 that prevents the city from dismantling the Van Horne homeless encampment in the Plateau-Mont-Royal borough. The encampment, located near a skatepark and basketball court, is home to 10 people. Judge Christian Immer ruled that the case can only be resolved through a trial in which witnesses are heard. “The solution to the issues raised by the respondent lies in a swift pretrial conference so that the case can be heard on the merits,” the ruling states. “The proper administration of justice and the principle of proportionality dictate that this course of action be followed rather than appealing an interlocutory order.” The city planned to relocate residents in May over concerns about limited access to the recreational area. However, Clinique juridique itinérante, which advocates for people experiencing homelessness, challenged the planned eviction in court. The city proposed two alternative locations, but the court ruled that neither location was suitable. Quebec Superior Court Judge Alexander Pless prohibited the city “from taking any action aimed at evicting, dismantling and disposing of the property of community members...until a judgment on the merits is rendered.” In a statement to CTV News, Clinique juridique itinérante says that while no date has been set yet for the hearing, it hopes the case will proceed as soon as possible. “Following the Quebec Court of Appeal’s ruling upholding Judge Alexander Pless’s protective order, and in light of the unprecedented homelessness crisis Quebec is currently facing, the Mobile Legal Clinic hopes that the case will be heard on its merits as soon as possible so that the important issues regarding the rights of people experiencing homelessness raised by the case can be debated before the Superior Court,” the statement said.
