The Quebec Court of Appeal ruled on September 9, 2026 that the City of Montreal must keep the ban on clearing the homeless encampment located beneath the Van Horne viaduct in the Mile End neighbourhood. The appellate decision upheld the lower court’s prohibition, denying the municipal request for an order that would have allowed authorities to dismantle the tent city.
Montreal had filed a petition seeking a court order to remove the makeshift settlement, arguing that the encampment presented safety and sanitation concerns for residents and commuters passing under the viaduct. The city’s request targeted the legal barrier that prevented any removal actions without a specific judicial sanction. The appeal brought the matter before the province’s highest civil court, where the municipality hoped to overturn the standing injunction.
The appellate judges concluded that the existing ban remained justified, and they declined to grant the city the relief it sought. By maintaining the prohibition, the court left the encampment in place for the time being, signaling that any future attempts to clear the site would require a new legal basis that satisfies the standards set by the courts.
The decision leaves the city without the authority to proceed with a forced removal and underscores the legal complexities surrounding the management of homeless encampments in public spaces. Officials will need to explore alternative measures that comply with the current judicial ruling while addressing the underlying concerns that prompted the original request. The outcome also reflects the broader tension between municipal efforts to manage public safety and the legal protections afforded to occupants of informal settlements.
No further hearings have been scheduled, and the status of the encampment will remain unchanged until another legal avenue is pursued or a new order is issued by the courts.