January 28, 2021
… in response to a request filed Friday by a legal clinic representing the homeless, Quebec Superior Court Justice Chantal Masse ruled that although the curfew was in the public interest, its application imperilled the lives, safety and health of people experiencing homelessness.
The judge noted that the Crown did not challenge evidence presented in court showing tickets — which carry fines up to $6,000 — had already been given to homeless people for allegedly breaking the curfew.
The lawyers requesting the suspension had argued that applying the health order to people experiencing homelessness is “useless, arbitrary, disproportionate and cruel.”
“It causes serious and irreparable prejudices that are not justified in the context of a free and democratic society,” read the request signed by law firm Trudel Johnston and Lesperance.