On September 9, 2026, the Quebec Court of Appeal rejected the City of Montreal’s request to lift a ban that would have allowed the dismantling of a homeless encampment situated beneath the Van Horne viaduct in the Mile End neighbourhood. The ruling leaves the encampment in place for the time being and halts the city’s immediate plan to clear the site.
The city had formally asked the appellate court to remove the existing prohibition, arguing that it sought permission to clear the area. The request was aimed at ending the presence of itinerant residents who have been living under the viaduct. The court’s decision, however, upheld the ban, meaning that municipal authorities must continue to respect the status quo until further legal avenues are pursued or a new order is issued.
The encampment under the Van Horne viaduct has become a focal point in the Mile End community, drawing attention from both municipal officials and local residents. While the city’s intent was to address concerns linked to the encampment, the appellate court’s intervention underscores the legal complexities surrounding the removal of makeshift shelters in public spaces.
Legal experts note that the appeal process reflects broader tensions between municipal efforts to manage public land and the rights of homeless individuals occupying that land. The decision does not provide a final resolution to the issue but rather maintains the existing restrictions on any demolition activity at the site.
For now, the residents of the encampment remain under the viaduct, and the City of Montreal will need to consider alternative approaches or seek further judicial review if it wishes to proceed with removal plans in the future.