Legal challenge to municipal bylaws could change cities' strategies
The legal challenge to a by-law by the municipality of Saint-Jérôme to prohibit the erection of homeless encampments on public property could change the strategies of cities to deal with this phenomenon.
The Mobile Legal Clinic, a homeless rights organization, has filed a lawsuit against the small Laurentian town, saying the ban violates the basic rights of homeless people.
The organization notes the disparity between the local homeless population and the number of beds available in emergency shelters, noting that some homeless people "have no choice" but to sleep outside.
Marie-Ève Sylvestre, a law professor at the University of Ottawa, says a victory for plaintiffs in court could mean an end to the forced dismantling of homeless encampments in cities where there are not enough alternatives.
According to her, there is a lack of clarity in the right of municipalities to dismantle encampments.
Professor Sylvestre believes that the lawsuit against Saint-Jérôme has the potential to set a precedent in the field of shelter.
In the documents submitted to the Quebec Superior Court, the Legal Clinic argues that the regulation should be declared unconstitutional because it violates the rights to life, liberty and security of the person enshrined in the Canadian Charter of Rights and Freedoms.
"Because of the very limited number of emergency shelter spaces (only six), many people experiencing homelessness have no choice but to sleep outside in camps or makeshift shelters located in different places in Saint-Jérôme," she says.
The site also offers 50 spaces for temporary housing. A "warming centre" has also been opened
for about fifty people. No one can sleep there, however.
The clinic also reports on authorities' efforts to prevent homeless people from setting up tents, citing an incident that took place on Oct. 22, 2022, when officers issued tickets totaling more than $12,000 to 16 people who were camping in a public park.
"The forced eviction of these individuals without protective measures and during the winter months represents a major disruption that constitutes significant trauma that may have aggravating effects for already highly vulnerable individuals," the lawsuit reads.
Alain Laliberté, a 58-year-old homeless man, was one of those fined for violating the bylaw. He says the lack of beds and the accumulation of fines are obstacles to improving his life.
"I get tickets all the time. I'm not able to pay. I try to get up, but on the other side, those who should be helping me give me a leg and then I fall," he complains.
Chantal Dumont, head of homeless assistance at Le Book Humanitaire, said the regulation has forced homeless people to constantly move around the city, making it harder for those trying to help.
"The bond of trust is built precisely with small actions like this and the consistency of these actions. But then, it could be that you arrive the next day and the person has been dislodged. We have to look for it, we have to find it... Does she think we were looking for her, that we didn't find her? Does she think we've just forgotten about her? »
She argues that services for vulnerable people have not been able to keep up with the increase in the homeless population, which doubled from 2018 to 2022, according to provincial data.
In a press release issued Wednesday, the City of Saint-Jérôme defended its bylaw prohibiting tents and temporary shelters in public spaces. "This regulation aims in particular to ensure the safety of people in order to prevent the risk of fire and carbon monoxide poisoning in shelters and tents," the authorities said.
The by-law also prohibits the use of cooking or heating appliances fuelled by fuels other than solid fuels on its streets, parks and public squares.
Mayor Marc Bourcier says the city hopes to collaborate with community organizations and the CISSS des Laurentides' Espoir team. "But it cannot take the place of the Ministry of Health and Social Services to assume the population
responsibilities that fall to it in the first place," he stressed.
A spokesperson for the minister responsible for social services, Lionel Carman, says the government is already committed to providing services and assistance to the homeless, mentioning in particular the recent investments in La Hutte and the implementation of a 12-bed housing project in 24/7 mode as well as a day centre in Sainte-Thérèse, about 25 km from Saint-Jérôme.
"As Minister Carmant always mentions, the goal is to reverse the trend in homelessness and, for that, we will need the collaboration of all the actors involved in the fight against homelessness," said Lambert Drainville.
The Mobile Legal Clinic had sought an interim interlocutory injunction to prevent authorities from continuing to dismantle the encampments, but the judge denied the motion on Jan. 5.
Both the clinic and the city declined to comment further because the proceedings are ongoing.
The Mobile Legal Clinic, a homeless rights organization, has filed a lawsuit against the small Laurentian town, saying the ban violates the basic rights of homeless people.
The organization notes the disparity between the local homeless population and the number of beds available in emergency shelters, noting that some homeless people "have no choice" but to sleep outside.
Marie-Ève Sylvestre, a law professor at the University of Ottawa, says a victory for plaintiffs in court could mean an end to the forced dismantling of homeless encampments in cities where there are not enough alternatives.
According to her, there is a lack of clarity in the right of municipalities to dismantle encampments.
Professor Sylvestre believes that the lawsuit against Saint-Jérôme has the potential to set a precedent in the field of shelter.
In the documents submitted to the Quebec Superior Court, the Legal Clinic argues that the regulation should be declared unconstitutional because it violates the rights to life, liberty and security of the person enshrined in the Canadian Charter of Rights and Freedoms.
"Because of the very limited number of emergency shelter spaces (only six), many people experiencing homelessness have no choice but to sleep outside in camps or makeshift shelters located in different places in Saint-Jérôme," she says.
The site also offers 50 spaces for temporary housing. A "warming centre" has also been opened
for about fifty people. No one can sleep there, however.
The clinic also reports on authorities' efforts to prevent homeless people from setting up tents, citing an incident that took place on Oct. 22, 2022, when officers issued tickets totaling more than $12,000 to 16 people who were camping in a public park.
"The forced eviction of these individuals without protective measures and during the winter months represents a major disruption that constitutes significant trauma that may have aggravating effects for already highly vulnerable individuals," the lawsuit reads.
Alain Laliberté, a 58-year-old homeless man, was one of those fined for violating the bylaw. He says the lack of beds and the accumulation of fines are obstacles to improving his life.
"I get tickets all the time. I'm not able to pay. I try to get up, but on the other side, those who should be helping me give me a leg and then I fall," he complains.
Chantal Dumont, head of homeless assistance at Le Book Humanitaire, said the regulation has forced homeless people to constantly move around the city, making it harder for those trying to help.
"The bond of trust is built precisely with small actions like this and the consistency of these actions. But then, it could be that you arrive the next day and the person has been dislodged. We have to look for it, we have to find it... Does she think we were looking for her, that we didn't find her? Does she think we've just forgotten about her? »
She argues that services for vulnerable people have not been able to keep up with the increase in the homeless population, which doubled from 2018 to 2022, according to provincial data.
In a press release issued Wednesday, the City of Saint-Jérôme defended its bylaw prohibiting tents and temporary shelters in public spaces. "This regulation aims in particular to ensure the safety of people in order to prevent the risk of fire and carbon monoxide poisoning in shelters and tents," the authorities said.
The by-law also prohibits the use of cooking or heating appliances fuelled by fuels other than solid fuels on its streets, parks and public squares.
Mayor Marc Bourcier says the city hopes to collaborate with community organizations and the CISSS des Laurentides' Espoir team. "But it cannot take the place of the Ministry of Health and Social Services to assume the population
responsibilities that fall to it in the first place," he stressed.
A spokesperson for the minister responsible for social services, Lionel Carman, says the government is already committed to providing services and assistance to the homeless, mentioning in particular the recent investments in La Hutte and the implementation of a 12-bed housing project in 24/7 mode as well as a day centre in Sainte-Thérèse, about 25 km from Saint-Jérôme.
"As Minister Carmant always mentions, the goal is to reverse the trend in homelessness and, for that, we will need the collaboration of all the actors involved in the fight against homelessness," said Lambert Drainville.
The Mobile Legal Clinic had sought an interim interlocutory injunction to prevent authorities from continuing to dismantle the encampments, but the judge denied the motion on Jan. 5.
Both the clinic and the city declined to comment further because the proceedings are ongoing.