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Montreal Homeless Encampment Cannot Be Dismantled, Judge Says
The ruling blocks eviction of about 10 tents and protects residents’ identities as the city’s new homelessness protocol faces its first major court test.
On Tuesday, Judge Alexandre Pless issued an indefinite injunction preventing the City from dismantling an encampment under the Van Horne overpass, granting Residents a temporary reprieve until the case is heard on its merits.
The Clinique filed for the injunction last month, arguing the City failed to provide safe alternatives like Parc sans nom or Entrepot 77 for the about 10 Residents living under the overpass.
Pless noted the City's proposed relocation options violated its own protocol, which mandates that moving Residents should serve as a "last resort" handled with support and respect.
Although the Decision provides immediate protection, Pless explained it does not grant Residents a permanent right to occupy public property; the City could seek authorization to relocate if compliant alternatives emerge.
This case marks the first major courtroom test for Montreal's new encampment protocol amid heightened scrutiny over homelessness handling, an issue Montreal Mayor Soraya Martinez Ferrada pledged to address during her election campaign.
The administration of Soraya Martinez Ferrada will not finally be able to dismantle the tenting camp under the Van Horne viaduct, as it wished, in the Mile End neighbourhood of Montreal.