A group of homeless people in Montreal is pictured on Jan. 19. A Quebec Superior Court Judge ruled Tuesday that homeless persons in Quebec are exempt from the province-wide 8 p.m. to 5 a.m. curfew because it poses a threat to their safety and health. (THE CANADIAN PRESS/Ryan Remiorz)

Quebec won’t fight ruling that exempts homeless from the provincial curfew

The Quebec government says it will not challenge a temporary court order granted Tuesday that exempts homeless persons from a province-wide curfew imposed earlier this month to try to limit the spread of COVID-19.

Junior Health Minister Lionel Carmant made the announcment today in a tweet, saying the government will modify its decree to ensure that people without shelter are not subject to the curfew.

The announcement followed Tuesday’s decision by Quebec Superior Court Judge Chantal Masse, who ruled that the 8 p.m. to 5 a.m. curfew imposed by Premier François Legault disproportionately discriminates against homeless persons and poses a threat to their safety and health.

Raphaël André’s death sparked debate in Quebec about whether homeless people should be exempt from the province’s 8 p.m. to 5 a.m, curfew. (Submitted by John Tessier/The Open Door)

“The measure infringes the right to life, liberty and security of the person protected by the Canadian and Quebec charters for people experiencing homelessness,” Masse said.

Prior the curfew, which is scheduled to run from Jan. 9 through Feb. 8, advocates for the homeless warned of problems.

On Jan. 17, a Sunday morning, their worst fears were realized.

A 51-year-old homeless Innu man named Raphaël André was found frozen to death near a shelter on the edge of Montreal’s Student Ghetto.

His body was discovered in a portable toilet after he had been forced to leave the shelter, the Open Door, which had been barred from staying open overnight since a COVID-19 outbreak at the facility in December. 

André had taken refuge in the toilet because–under curfew rules–he was facing  a fine of up to $6,000 for violating the curfew if he was caught outside by police.

First responders were called to the corner of Milton St. and Parc Ave. in Montreal just before 8 a.m on Sunday, Jan. 17. A man, later identifed as Raphaël André, was found in a portable toilet and was pronounced dead at the scene. André, a 51-year-old homeless Innu man, had taken shelter in the toilet to avoid being arrested for violating Quebec’s province-wide curfew. (Radio-Canada/Mathieu Wagner)

His death sent shock waves across the city.

Advocates for the homeless, as well as Mayor Valérie Plante, and–later–the federal Indigenous Services Minister, Marc Miller, called on Legault to exempt homeless persons from the curfew, saying it made them less safe. 

More than 15,000 people signed a petition backing an exemption for the homeless.

As pressure increased, Legault steadfastly refused to change the rule, saying that exempting homeless people from the curfew rules would encourage others to “pretend” to be homeless.

Premier François Legault, pictured at a news conference in Quebec City on Jan. 21, has maintained there are enough shelters and warming centres to help the homeless avoid breaking curfew, and that exempting homeless persons from curfew rules would encourage others to “pretend” to be homeless. (THE CANADIAN PRESS/Jacques Boissinot)

Plante applauded Tuesday’s ruling on the case–brought to court by the Mobile Legal Clinic, which provides legal services to the homeless–tweeting that it “will make life easier for people experiencing homelessness and for those working in the field who support them.”

The number of homeless persons in Canada is a matter of debate.

The Homelessness Partnering Secretariat (HPS) has regularly used the estimate that between 150,000 and 300,000 individuals experience homelessness in Canada each year, with others saying the number is higher.

With files from CBC News (Isaac Olson), The Canadian Press, RCI 

Categories: Health, Indigenous, Politics, Society
Tags: , , , , , , , , ,

Do you want to report an error or a typo? Click here!

For reasons beyond our control, and for an undetermined period of time, our comment section is now closed. However, our social networks remain open to your contributions.