Montreal community asks Superior Court docket to exempt homeless from curfew

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Montreal community asks Superior Court docket to exempt homeless from curfew

Montreal community asks Superior Court docket to exempt homeless from curfew

“Striking forward the curfew on these other folks is pointless, arbitrary, disproportionate and merciless,” Clinique Juridique Itinérante says in its lawful assert.

Creator of the article:

Frédéric Tomesco

Publishing date:

Jan 24, 2021  •  10 hours within the past  •  2 minute read

Montreal Police officers talk with homeless people outside the shelter in the Hotel Place Dupuis shortly before the province's curfew comes into effect in Montreal Monday January 11, 2021.
Montreal Law enforcement officers focus on with homeless other folks delivery air the refuge within the Hotel Intention Dupuis almost right this moment prior to the province’s curfew comes into design in Montreal Monday January 11, 2021. Photograph by John Mahoney /Montreal Gazette

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A Montreal-primarily based entirely mostly community that defends the rights of marginalized other folks is looking for to receive homeless other folks exempted from the provincewide curfew.

Clinique Juridique Itinérante filed a lawful assert in Quebec Superior Court docket Friday, asking for the curfew to be straight away suspended for homeless other folks except the courts survey into the topic further. It’s also asking for the curfew to be declared constitutionally invalid when applied to the homeless in Quebec.

“Striking forward the curfew on these other folks is pointless, arbitrary, disproportionate and merciless,” CJI says in its lawful assert. “It causes excessive and irreparable injure that will not be any longer justifiable in a free and democratic society.”

The demand is anticipated to be heard Monday.

CJI is a mobile lawful sanatorium whose mission is to promote receive entry to to justice for the homeless, the impoverished and marginalized participants of society.

Per CJI’s demand, the curfew violates rights steady by the Canadian Constitution of Rights and Freedoms, including the merely to lifestyles, safety and security, as successfully as equality. It also violates the protection against any merciless and odd treatment or punishment.

Premier François Legault imposed the 8 p.m. curfew two weeks within the past in a disclose to rein in COVID-19 infections. The measure applies no longer decrease than except Feb. 8, with some exemptions. To illustrate, dogs owners are allowed to dangle their pets out after 8 p.m. as lengthy as they handle inner a kilometre of their homes.

Fines for violating the curfew delivery at $1,000, plus $550 in additional prices, and would perchance per chance upward thrust to as essential as $6,000.

Legault on Tuesday shot down the premise that homeless other folks will also very successfully be spared from the curfew. This form of resolution would perchance per chance lead other folks to pose as homeless to dangle profit of the loophole, he acknowledged.

Montreal Mayor Valérie Plante had earlier known as for an exemption after a homeless man used to be learned lifeless inner a conveyable lavatory — steps away from a warming space the place he can web spent the night had it no longer been closed thanks to COVID-19 concerns.

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Legault’s stance sparked criticism from Marc Miller, the federal indigenous services minister. Miller, who represents Montreal’s Ville-Marie—Le Sud-Ouest—Île-des-Soeurs using, acknowledged Wednesday the homeless man’s death can had been kept away from.

Despite the creation of a file favor of beds for Montreal’s homeless since the initiating of the pandemic, overnight capacity is strained. Mayor Plante acknowledged 95 per cent of refuge beds are occupied on some nights, and there web no longer been sufficient beds on others. She pleaded for the Quebec govt to produce more resources.

Matthew Lapierre of the Montreal Gazette contributed to this story.

ftomesco@postmedia.com

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