Homeless should be exempt from curfew

The measure is insulting, unrealistic and counterproductive, write Anna Gignac-eddy and Jeremy Wiener.

Last week, eight homeless people were fined and one died hiding in a portable toilet while out past curfew. More than the “tolerance” promised, homeless people deserve understanding, respect and compassion as they struggle to survive the COVID -19 pandemic.

Accordingly, following an open letter published by our Mobile Legal Clinic, a petition calling for homeless people to be exempt from the curfew was tabled at the National Assembly and has already been signed by more than 10,000 Quebecers. Premier François Legault should heed its call to action. On Tuesday, Mayor Valérie Plante backed the call for an exemption.

The government's claim that there “are enough spaces available” in homeless shelters for those who need them is simply inaccurate. Shelters have been overcrowded because of insufficient affordable housing for years, and the pandemic has generally made matters worse. Forcing those struggling with homelessness to “go home” at 8 p.m. is not only insulting and unrealistic — it is counterproductive.

Indeed, while the curfew was enacted to “protect” Quebecers from COVID-19, forcing homeless people to spend their nights in shelters risks doing the opposite. Three shelters have already reported COVID-19 outbreaks, and more may follow. As well, some fear violence, theft or face severe addiction issues, further discouraging them from sleeping in shelters.

The minister of public security's prescribed solution is that the police exhibit “tolerance” in their dealings with homeless people out past curfew by avoiding to fine them. But sometimes officers don't realize they are stopping a homeless individual and fine them as a result — a situation a young person we work with faced on a recent night.

The curfew is problematic even if no fines are handed out. Just this past weekend in Montreal, an Inuit homeless person was found dead inside a portable toilet. Without the threat of fines, Raphael André might not have felt the need to hide. He might not have died in fear. He might still be with us today.

Keep in mind that the curfew provides the police with reasonable grounds — which they might not otherwise have — to stop and search people who are outside after 8 p.m. Montreal police said 122 homeless people were stopped during the curfew's first weekend. Once lawfully stopped, a homeless person's identity can be cross-referenced to access any pending arrest warrants, including for breaches of court-ordered conditions such as “keeping the peace.”

This is precisely why André hid in a toilet: His regular shelter was closed for the night because of a COVID outbreak there, and there was a warrant against him for missing a court appearance. Without a curfew, homeless people and those who work with them have a better chance of making sure they don't end up dying alone, in fear and in hiding.

Moreover, homeless people disproportionately suffer from the types of addiction issues that involve carrying illegal drugs or open alcohol containers, which officers would be likely to find during a search. This puts the homeless at an increased risk of arrest and jailing. Ultimately, the curfew contributes to the criminalization of poverty and homelessness — a fact recognized even by government agencies such as the Commission des droits de la personne et droits de la jeunesse.

Good government is supposed to be about narrowing the risk of inequality, not widening it. If the government were to exempt homeless people from the curfew — as has been done for essential workers — that risk would be mitigated and justice would be promoted.

Legault recognizes that many essential individuals must travel at night to maintain a functional society. We are now asking him to extend this exemption to the homeless, because we live in a society that is meant not only to be functional, but also humane.

■ CHRISTOPHER LABOS'S COLUMN WILL APPEAR TOMORROW.