Judge temporarily halts dismantling of Notre-Dame St. encampment
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A Quebec Superior Court judge has temporarily blocked the dismantling of the homeless encampment Notre-Dame St., ruling that it could pose 'enormous risks' to the people living there.
The encampment, which is on land owned by Quebec's Transport Department, was slated to be dismantled on June 11. A legal clinic that works with unhoused people had brought the issue to court.
'In the present circumstances, the inconveniences on the lives and dignity of the people affected by the eviction outweigh all the interests that the MTQ have raised before me,' Judge Babak Barin ruled on Wednesday.
Barin granted the Clinique juridique itinérante's request for a 10-day injunction, ordering the Transport Department to stop any attempts at dismantling the camp or clearing out the area.
The clinic's larger argument that encampments should be permitted when homeless shelters and resources in the city are at capacity will be debated at a later date.
It's believed about 30 people are living in the encampment.
The clinic had argued that clearing out the area violates their Charter rights, and that dismantling the camp would leave them even more isolated in dangerous situations.
Especially so, it argued, given that all of Montreal's homeless shelters are already operating at capacity, turning away dozens people each night.
Representing the Transport Department, the Quebec government had argued the camp presents safety risks for those who live there.
It also presented evidence from Mercier—Hochelaga-Maisonneuve borough officials that more than 20 calls had been made to the Montreal police department regarding the camp since January.
The city's fire department also had to intervene on 27 occasions during that time period, it noted.
The grassy area along Notre-Dame St. was the site of another large encampment in 2020 that was ordered dismantled after a fire broke out and nearly spread to a propane tank.
Tents have come and gone in the area ever since. Another eviction was carried out there in December, after the legal clinic had managed to have it postponed.
The city of Montreal has said it can't tolerate encampments because they pose a safety risk and it would rather persuade people to stay in shelters, where there is oversight and access to services.
A city-commissioned report published this year stressed the negative consequences of dismantling encampments and called on the city to establish a clear protocol on the issue.
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Montreal Gazette
21 hours ago
- Montreal Gazette
Judge temporarily halts dismantling of Notre-Dame St. encampment
By A Quebec Superior Court judge has temporarily blocked the dismantling of the homeless encampment Notre-Dame St., ruling that it could pose 'enormous risks' to the people living there. The encampment, which is on land owned by Quebec's Transport Department, was slated to be dismantled on June 11. A legal clinic that works with unhoused people had brought the issue to court. 'In the present circumstances, the inconveniences on the lives and dignity of the people affected by the eviction outweigh all the interests that the MTQ have raised before me,' Judge Babak Barin ruled on Wednesday. Barin granted the Clinique juridique itinérante's request for a 10-day injunction, ordering the Transport Department to stop any attempts at dismantling the camp or clearing out the area. The clinic's larger argument that encampments should be permitted when homeless shelters and resources in the city are at capacity will be debated at a later date. It's believed about 30 people are living in the encampment. The clinic had argued that clearing out the area violates their Charter rights, and that dismantling the camp would leave them even more isolated in dangerous situations. Especially so, it argued, given that all of Montreal's homeless shelters are already operating at capacity, turning away dozens people each night. Representing the Transport Department, the Quebec government had argued the camp presents safety risks for those who live there. It also presented evidence from Mercier—Hochelaga-Maisonneuve borough officials that more than 20 calls had been made to the Montreal police department regarding the camp since January. The city's fire department also had to intervene on 27 occasions during that time period, it noted. The grassy area along Notre-Dame St. was the site of another large encampment in 2020 that was ordered dismantled after a fire broke out and nearly spread to a propane tank. Tents have come and gone in the area ever since. Another eviction was carried out there in December, after the legal clinic had managed to have it postponed. The city of Montreal has said it can't tolerate encampments because they pose a safety risk and it would rather persuade people to stay in shelters, where there is oversight and access to services. A city-commissioned report published this year stressed the negative consequences of dismantling encampments and called on the city to establish a clear protocol on the issue.
Global News
2 days ago
- Global News
Woman who spent 16 days in ‘dry cell' confinement settles civil lawsuit
A woman who says she endured cruel and unusual punishment in a Nova Scotia prison has settled a civil lawsuit she filed against the federal attorney general almost five years ago. Lisa Adams filed the lawsuit after she was placed in solitary confinement in what is commonly referred to as a dry cell for 16 days. Dry cells have no toilet or running water. They are used to monitor inmates to determine if they have ingested contraband or hidden it inside a body cavity. Adams' lawyer issued a brief statement confirming the settlement, but Mike Dull said he could not disclose terms of the settlement or details about financial compensation. '(Adams') advocacy around the use of dry cells in Canadian correctional facilities — an invasive, degrading and ultimately unlawful practice — has resulted in a national shift,' Dull said Monday in a statement. 'Thanks to her bravery, this harmful practice has now been banned across Canada.' Story continues below advertisement In a statement of claim filed in November 2020 with Nova Scotia Supreme Court, Adams says she was locked in a dry cell after correctional officers at the Nova Institution for Women in Truro, N.S., wrongly accused her of hiding drugs in 'balloon-like packages' in her vagina. The statement says conditions in the cell were 'harsh, humiliating and harmful.' In a separate court case, a Nova Scotia Supreme Court justice ruled in November 2021 that Adams' constitutional rights had been violated, and he ordered Ottawa to reform provisions of corrections law that discriminate against women. Justice John Keith's decision determined the law did not take into account that a substance suspected to be hidden in a woman's vagina wouldn't necessarily be expelled during detention. He said that created a risk that women would be unjustly detained. Get breaking National news For news impacting Canada and around the world, sign up for breaking news alerts delivered directly to you when they happen. Sign up for breaking National newsletter Sign Up By providing your email address, you have read and agree to Global News' Terms and Conditions and Privacy Policy Though Adams won that case, it was a Charter challenge that answered a question of law. As a result, she was not awarded compensation. In the 2020 statement of claim for her civil lawsuit seeking damages, Adams says that she was sent to the prison in Truro after she was accused of using crystal meth at a community residential facility in Cape Breton on May 2, 2020. The statement says her well-documented history of mental health issues were exacerbated by her lengthy stay in the dry cell. Story continues below advertisement 'On the first day of her placement (on May 6, 2020), the acting chief of health services (at the prison) … expressed concern … that a prolonged stay in such an environment would likely result in a deterioration in mental stability,' the statement says, adding that Adams repeatedly denied possessing any contraband. Adams started having suicidal thoughts as her mental health declined, according to a health worker whose observations were ignored by prison staff, the statement of claim says. Six days into her stay in the dry cell, Adams was taken to a hospital for an X-ray, but a doctor turned down the request because it wasn't considered a medical procedure, the statement says. The next day, a doctor was summoned to the prison to conduct a pelvic exam on Adams, but the physician cancelled the exam because Adams was suffering from hallucinations and incoherent speech. On Day 14 of her incarceration, another doctor conducted a pelvic exam and found 'no foreign bodies' in her vaginal cavity or elsewhere on her body. Still, Adams was forced to stay another two days in the cell before she was released back into the prison's general population. The statement of claim says Adams was placed in the cell without lawful justification and was subjected to unacceptable conditions that included: constant exposure to bright lights; constant monitoring of all showers and toilet usage; denial of meaningful human contact; denial of outdoor privileges and constant observation from behind a glass wall. Story continues below advertisement The lawsuit says Correctional Service Canada owed Adams a duty of care, but instead it was negligent by failing to safeguard her physical and emotional needs, as well as 'permitting cruel, unusual and excessive punishments.' The lawsuit goes on to say prison officials also disregarded medical evidence of substantial harm. In a statement of defence, the attorney general of Canada said that a urine sample taken after Adams was placed in the dry cell indicated she had ingested methamphetamines after arriving at the prison. And the document says Adams had reasonable access to legal counsel and medical care. It also says Adams declined body cavity and X-ray searches on May 12-13, 2020. The statement, however, goes on to say the federal government 'acknowledges that the confinement of the plaintiff in a dry cell in the circumstance of this case was regrettable.' In April 2022, the federal government announced it would ban dry celling for inmates suspected of carrying contraband in their vaginas. And in October 2024, Ottawa introduced regulations to limit the duration of dry cell detentions, improve inmate monitoring and begin using body scanners to detect contraband. 'While the civil case has been resolved, the impact of (Adams') actions will be felt far beyond her own experience,' Dull said. 'She stood up not just for herself, but for the rights and dignity of women across the country.'
Winnipeg Free Press
2 days ago
- Winnipeg Free Press
Woman who spent 16 days in ‘dry cell' confinement settles civil lawsuit
HALIFAX – A woman who says she endured cruel and unusual punishment in a Nova Scotia prison has settled a civil lawsuit she filed against the federal attorney general almost five years ago. Lisa Adams filed the lawsuit after she was placed in solitary confinement in what is commonly referred to as a dry cell for 16 days. Dry cells have no toilet or running water. They are used to monitor inmates to determine if they have ingested contraband or hidden it inside a body cavity. Adams' lawyer issued a brief statement confirming the settlement, but Mike Dull said he could not disclose terms of the settlement or details about financial compensation. '(Adams') advocacy around the use of dry cells in Canadian correctional facilities — an invasive, degrading and ultimately unlawful practice — has resulted in a national shift,' Dull said Monday in a statement. 'Thanks to her bravery, this harmful practice has now been banned across Canada.' In a statement of claim filed in November 2020 with Nova Scotia Supreme Court, Adams says she was locked in a dry cell after correctional officers at the Nova Institution for Women in Truro, N.S., wrongly accused her of hiding drugs in 'balloon-like packages' in her vagina. The statement says conditions in the cell were 'harsh, humiliating and harmful.' In a separate court case, a Nova Scotia Supreme Court justice ruled in November 2021 that Adams' constitutional rights had been violated, and he ordered Ottawa to reform provisions of corrections law that discriminate against women. Justice John Keith's decision determined the law did not take into account that a substance suspected to be hidden in a woman's vagina wouldn't necessarily be expelled during detention. He said that created a risk that women would be unjustly detained. Though Adams won that case, it was a Charter challenge that answered a question of law. As a result, she was not awarded compensation. In the 2020 statement of claim for her civil lawsuit seeking damages, Adams says that she was sent to the prison in Truro after she was accused of using crystal meth at a community residential facility in Cape Breton on May 2, 2020. The statement says her well-documented history of mental health issues were exacerbated by her lengthy stay in the dry cell. 'On the first day of her placement (on May 6, 2020), the acting chief of health services (at the prison) … expressed concern … that a prolonged stay in such an environment would likely result in a deterioration in mental stability,' the statement says, adding that Adams repeatedly denied possessing any contraband. Adams started having suicidal thoughts as her mental health declined, according to a health worker whose observations were ignored by prison staff, the statement of claim says. Six days into her stay in the dry cell, Adams was taken to a hospital for an X-ray, but a doctor turned down the request because it wasn't considered a medical procedure, the statement says. The next day, a doctor was summoned to the prison to conduct a pelvic exam on Adams, but the physician cancelled the exam because Adams was suffering from hallucinations and incoherent speech. On Day 14 of her incarceration, another doctor conducted a pelvic exam and found 'no foreign bodies' in her vaginal cavity or elsewhere on her body. Still, Adams was forced to stay another two days in the cell before she was released back into the prison's general population. The statement of claim says Adams was placed in the cell without lawful justification and was subjected to unacceptable conditions that included: constant exposure to bright lights; constant monitoring of all showers and toilet usage; denial of meaningful human contact; denial of outdoor privileges and constant observation from behind a glass wall. The lawsuit says Correctional Service Canada owed Adams a duty of care, but instead it was negligent by failing to safeguard her physical and emotional needs, as well as 'permitting cruel, unusual and excessive punishments.' The lawsuit goes on to say prison officials also disregarded medical evidence of substantial harm. In a statement of defence, the attorney general of Canada said that a urine sample taken after Adams was placed in the dry cell indicated she had ingested methamphetamines after arriving at the prison. And the document says Adams had reasonable access to legal counsel and medical care. It also says Adams declined body cavity and X-ray searches on May 12-13, 2020. The statement, however, goes on to say the federal government 'acknowledges that the confinement of the plaintiff in a dry cell in the circumstance of this case was regrettable.' In April 2022, the federal government announced it would ban dry celling for inmates suspected of carrying contraband in their vaginas. And in October 2024, Ottawa introduced regulations to limit the duration of dry cell detentions, improve inmate monitoring and begin using body scanners to detect contraband. 'While the civil case has been resolved, the impact of (Adams') actions will be felt far beyond her own experience,' Dull said. 'She stood up not just for herself, but for the rights and dignity of women across the country.' This report by The Canadian Press was first published June 18, 2025.
