Lawyers make case to delay Quebec's eviction of Ville-Marie Expressway encampment

The Quebec Transport Ministry's eviction deadline for a group of people living under the Ville-Marie Expressway has passed, and lawyers representing the small tent community are in court arguing that the eviction should be postponed by at least a few months.

The Mobile Legal Clinic (MLC) has requested an emergency injunction and asked to delay the eviction of about 20 people living in the encampment until at least July 15.

The ministry, which owns the land, has said that it needs to go ahead with a major construction project in the area. It had given the people there until the end of March to leave. The encampment is located on a stretch between Guy Street and Atwater Avenue.

In the past, the ministry has also said it would work with different organizations and the city to help the people living under the expressway find a place to stay.

Éric Préfontaine, a lawyer for the MLC, said the ministry has failed to do that.

Préfontaine asked Quebec Superior Court Judge Chantale Masse to allow time for the weather to improve and for the group to resettle elsewhere in better conditions.

"It's spring right now in theory, but look outside," Préfontaine told the judge on Monday, noting that temperatures are still dipping below zero and major snowfall is still possible.

Lawyers for the Transport Ministry said the work was already delayed in November in order to not to force the group to move during winter and to give them more time to find accommodation.

On Monday, Nancy Brûlé, a lawyer for the ministry, told the court delaying the work any further would have serious consequences.

"It's not simple to modify this timeline. It took a long time to come up with this work schedule," she said.

Brûlé said work was planned to have minimal impact on highway traffic, but delaying the work further will worsen traffic disruptions. 

She also noted that the Transport Quebec engineers who have inspected the structure of the highway in that area have noted damage and said repairs are necessary.

"Any delays will augment intensity and length of work," said Brûlé, who also said more delays could also lead to the contractor cancelling the contract.

The eviction of the campers will likely happen between April 12 and 15 unless the court rules otherwise, she told the judge.

'Extremely vulnerable and marginalized'

Anabel Semerdzhieva, another lawyer for MLC, asked the court to consider the "extremely vulnerable and marginalized" position of the people living in the tent community, which stems from issues like mental and physical illnesses and drug addiction.

According to Semerdzhieva, one man — who's lived under the expressway for the past year — has Stage 3 lung cancer and is undergoing radiation treatments three times a week.

A woman — who's lived there for seven years — is two months pregnant, has hepatitis and struggles with both alcohol and crack addiction, while another man battling heroin addiction suffers from a terminal blood infection and bipolar disorder, said Semerdzhieva, 

Semerdzhieva argued it is highly improbable the group — among whom there are couples and pets — will be able to find space in shelters, which are separated by gender and mostly prohibit animals along with drugs and alcohol.

The hearing is expected to continue on Tuesday.

"The ministry owns the land where the camps are established. Their stories are sad. We don't contest that," said Brûlé, the lawyer for the ministry. "But the fact remains that they have no right to occupy that land."