The Quebec Court of Appeal on September 9, 2026 rejected a request from the City of Montreal to dismantle a homeless encampment located beneath the Van Horne viaduct in the Mile End neighbourhood. The city's application sought a court order that would lift an existing ban on the removal of itinerant residents who have been living under the structure.
The appeal court's decision means the encampment will remain in place for the time being, as the legal barrier preventing its clearance remains intact. The ruling follows Montreal's effort to obtain judicial permission to clear the site, a move the municipal authorities argued was necessary for public safety and urban management.
Legal proceedings concerning the encampment began when the city filed its request, arguing that the ban on removal hindered its ability to address concerns associated with the settlement. The Quebec Court of Appeal examined the arguments presented by municipal officials and concluded that the request did not meet the criteria required to overturn the existing prohibition.
City officials have not disclosed further legal steps they may pursue after the appellate court's refusal. The decision leaves the status quo unchanged, allowing the encampment to continue under the viaduct until another legal avenue is explored or circumstances shift.
The case highlights the ongoing tension between municipal authorities and the rights of itinerant residents in Montreal, particularly in areas where informal settlements have emerged under public infrastructure. The court's ruling underscores the judiciary's role in balancing municipal interests with existing legal protections governing the removal of homeless encampments.
No additional comments were provided by either the City of Montreal or the Quebec Court of Appeal at the time of the ruling.