A group that defends the rights of the homeless filed a petition Friday to remove the homeless from the curfew.
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According to the Traveling Legal Clinic, the curfew in its current form violates the Charter of Rights and Freedoms, as it undermines the security, liberty, equality and even the “right to life” of people without. home.
“For some of these people, respecting the curfew cannot be done without suffering serious harm, while others are simply unable to comply due to circumstances beyond their control.” , we can read in the request signed by the law firm of the legal clinic, Trudel Johnston & Lespérance.
Prosecutors are calling for the curfew to be immediately suspended for homeless people, until the courts look into the matter further.
Whether or not homeless people are exempt has been debated since the Legault government introduced the curfew. This is in effect from 8 p.m. to 5 a.m., at least until February 8.
The subject returned to the forefront this week, following the death of an Indigenous homeless man, Raphaël André, who was killed in a chemical toilet a stone’s throw from a closed shelter.
The 51-year-old is said to have gone into hiding there because he feared he would be fined $ 1,550 for breaking the curfew.
In the process, the mayor of Montreal, Valérie Plante, asked the Legault government to exempt the homeless from the application of this measure.
The Prime Minister however rejected this proposal.
“You have to understand that if we put in the regulations the fact that a homeless person cannot receive a ticket, anyone could say ‘me, I am a homeless person, so you do not have the right to give me a ticket. contravention ”, declared François Legault at a press conference on Tuesday.
These comments have since sparked strong criticism. Federal Indigenous Services Minister Marc Miller, among others, said he was disappointed with the Prime Minister’s decision.