On September 9, 2026, the Quebec Court of Appeal rejected the City of Montreal’s request to lift a ban and clear a homeless encampment situated beneath the Van Horne viaduct in the Mile End neighbourhood. The ruling leaves the encampment in place and upholds a prior injunction that had already stopped demolition efforts.
The city had previously asked a lower court for an order that would permit it to dismantle the makeshift settlement. That request was denied after a judge issued an injunction preventing any removal of structures or tents. The municipal government appealed that decision, arguing that the encampment posed safety and sanitation concerns and that the city needed the authority to enforce the ban.
The appellate judges examined the legal basis of the injunction and the city’s request. In their decision, they affirmed the lower court’s ruling, stating that the injunction remained valid and that the city had not demonstrated sufficient grounds to overturn it. By refusing to lift the ban, the court effectively blocked the municipal plan to clear the site.
The outcome maintains the status quo for the residents of the encampment, who continue to occupy the space under the viaduct. City officials indicated they would explore alternative measures to address the situation, but no further legal action was disclosed in the September 9 decision. The case highlights the ongoing tension between municipal efforts to manage public spaces and the legal protections afforded to homeless encampments in Quebec.
Legal analysts note that the appeal underscores the importance of adhering to procedural safeguards before any forced removal can proceed. The decision also signals that future attempts by the city to dismantle the camp will likely require new evidence or a different legal strategy.
The Van Horne viaduct area remains a focal point for both municipal policy and community advocacy as the city navigates its approach to homelessness in the Mile End district.