Pressure continues to mount on the Coalition Avenir Québec government after the premier’s refusal to grant a curfew exemption to people experiencing homelessness.
The curfew has been effect since Jan. 9 in a bid to limit the spread of COVID-19 in the community. Under the rules, people — with a few exceptions — must remain inside their homes between 8 p.m. and 5 a.m.
Opposition parties at the National Assembly in Quebec City have joined forces with several community organizations to demand an end to curfew rules for the homeless.
In a joint statement, they argued that the health measure is not only discriminatory towards those experiencing homelessness but it also constitutes a direct threat to their health and safety.
Calls for a curfew amnesty have been growing louder ever since the Jan. 17 death of Raphael Napa André, a homeless Innu man whose body was found inside a portable toilet in Montreal.
Premier François Legualt has been steadfast in his refusal to make exceptions for the homeless.
He first cited concerns that people would pretend to be homeless to avoid paying fines.
Montreal Mayor Valérie Plante said she was disappointed by Legault’s refusal and vowed to keep fighting while the federal government called on Legault to be more flexible and show humanity.
Legault shot back at critics, accusing them of trying to sow division.
He also pointed to a recent drop in cases and hospitalizations as proof the curfew is working.
A petition launched by the Parti Québécois (PQ) asking that the homeless be exempted from the curfew rules has so far collected more than 20,000 signatures.
The premier has continuously maintained that police aren’t needlessly ticketing the homeless. Rather, he says their job is to direct them to a shelter during curfew.
Advocates, however, argue that many of those experiencing homelessness are afraid of police and might try to hide. That, according to RAPISM, a Montreal organization that helps the homeless and people at risk of being homeless, puts them at greater risk of experiencing violence or having an overdose.
“Do we have to wait for another tragedy?” asked Liberal MNA Paule Robitaille, referencing the death of André.
Some opposition MNAs argued that while the goal of the curfew is to limit the spread of the virus by cutting down on illegal gatherings, it’s having the opposite effect on the homeless population.
“It’s counterproductive. (…) We have seen that nearly 200 people have contracted the virus because they had to go to these shelters. So is that really what we want,” said PQ MNA Joël Arseneau.
Legal challenge
The Legault government isn’t only getting political pushback about its refusal, but faces a legal challenge as well.
The Clinique Juridique Itinérante, a legal organization for the homeless, filed a request for an injunction on Friday.
The case was being heard Monday in Montreal by Quebec Superior Court Judge Chantal Masse. If successful, the government would be forced to grant the exemption.
Lawyer Bruce Johnston told the judge the order to stay home cannot apply to someone who does not have a residence.
The lawyers representing the homeless argued the population is already marginalized and vulnerable. Many have substance abuse problems or suffer from mental health issues that often land them in situations requiring police interventions resulting in subsequent legal action and criminalization of the population.
The lawyers pointed to the case of a 38-year-old Montreal man living with schizophrenia who has already racked up more than $40,000 in tickets but has no money to pay.
Kicked out or banned from various shelters, he fled to Sainte-Thérèse, north of the city, to avoid Montreal police. He was apprehended by officers there and thrown in jail overnight.
“The reality for those people is really complex,” said Boromir Vallée Doré, coordinator for the Réseau Solidarité itinérance du Québec, a network representing 385 organizations that work with people experiencing homelessness.
‘We just need to give them more space … we need to (ensure their) safety, we need to (ensure their) health, we don’t need to make it more complex for them.”
Government lawyer Eric Cantin said homeless people must go to shelters during curfew and that if they cannot go, the curfew will not apply to them.
Judge Masse, however, questioned how police can determine who is or is not able to stay in a shelter.
A spokesperson for the premier said Legault is waiting for a ruling from the court.
A decision is expected later this week.
— With files from Global News’ Dan Spector and The Canadian Press’ Caroline Plante