Anne Bucher  |  June 10, 2020

Category: Civil rights

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Man wearing mask sitting alone regarding the COVID-19 lawsuit filed against Quebec

The Quebec government and its public health department are facing a legal challenge regarding the measures they took to protect residents from the spread of COVID-19.

According to a Global News report, four people and the fondation pour la défense des droits et libertés du peuple (FDLP) filed the application on Monday, claiming that the measures the Quebec government took during the COVID-19 pandemic were “unreasonable and unjustifiable.”

COVID-19 is the disease caused by a novel coronavirus. The first COVID-19 outbreak began in Wuhan, China in December 2019. On March 11, the World Health Organization declared COVID-19 a global pandemic. In response, governments around the world began implementing measures to prevent the spread of the disease. These measures typically included stay-at-home orders and the closure of all businesses that were deemed non-essential.

The COVID-19 lawsuit claims that the measures taken during the health crisis infringed on citizens’ rights and freedoms. The plaintiffs argue that the government could have taken less draconian measures to protect residents.

The COVID-19 lawsuit challenges many articles of the public health act, government decrees and other orders issued during the COVID-19 pandemic. The government used the global health crisis to exercise excessive powers, the plaintiffs allege. They seek an order declaring many of these measures void and unconstitutional.

“We believe that the government of Quebec took extreme measures to fight against COVID-19 as if it were treating an Ebola crisis,” the plaintiffs’ lawyers wrote. “These measures risk creating a social crisis in Quebec, one far worse than the health crisis caused by the current pandemic.”

Ebola is a viral disease that poses a high risk of death. According to the World Health Organization, the average death rate for Ebola patients is about 50 per cent.

Despite the “extreme measures” taken by the government, the plaintiffs’ lawyers allege that the measures failed to protect all residents, including those who live in Quebec’s assisted living facilities.

The plaintiffs claim in the COVID-19 lawsuit that Quebec’s rules that prohibited residents to leave long term care facilities and prevent guests from visiting were discriminatory and failed to account for an individual resident’s health.

Quebec’s measures that forced certain people to be isolated from others and prohibited people from traveling between regions infringed upon their freedom of movement, according to the COVID-19 lawsuit.Person in protective suit getting a sample from driver regarding the COVID-19 lawsuit filed against Quebec over it's pandemic measures

The plaintiffs say that Quebec should have known that these strict measures would cause a multitude of problems by taking a toll on individuals’ physical and mental health and their financial security due to bankruptcies, job losses and debt.

According to the COVID-19 lawsuit, the government is unable to shut down the National Assembly or courts by simple ministerial decree or orders, even during a crisis.

Lawyer Guy Bertrand responded to concerns that the lawsuit was launched after many of the COVID-19 measures were already lifted by saying: “You have to do it anyway because there’s a risk of a second wave. And if we’re successful, the legislator will have to redo its homework for the second wave, so as not to destroy Quebec as we’re doing right now.”

The COVID-19 lawsuit asks the Attorney General of Quebec to ensure that anyone who was fined for violating the confinement measures is reimbursed.

“We’re pleading abuse, that it’s exaggerated, without equal,” Bertrand said. “It’s what I call the destruction of Quebec in a short time, in three months.”

Lawyer Jean-Félix Racicot has already challenged Quebec’s confinement measures, but the Quebec Court of Appeal determined that he failed to use the correct procedure and therefore his attempt was unsuccessful.

As of Tuesday, Quebec had 53,185 confirmed cases of COVID-19 and 5,029 deaths. Restaurants will be allowed to reopen on June 15 for most of the province. In Montreal, Joliette and l’Épiphanie, restaurants will be allowed to reopen on June 22.

Customers must stay two metres apart from anyone who is not part of their household. Restaurant staff are expected to wear face coverings while preparing food and disinfect surfaces regularly.

Because court operations are still limited due to COVID-19, it is not clear when the lawsuit will proceed to a hearing.

What do you think about this COVID-19 lawsuit? Do you think the measures that the Quebec government took to protect residents from the virus were too extreme? Tell us your opinion in the comment section below! 

The plaintiffs are represented by Guy Bertrand.

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7 thoughts onLawsuit Against Quebec Claims Unreasonable Confinement Amid COVID-19

  1. Barbara Camus says:

    Yes, where do we sign up. I don’t see any answers. Everyone has been affected by these draconian measures. Everyone should get something for them.

  2. Milot Pierre says:

    Where can I signed for unlawfully confinement and mentally repercussions and isolation due to the mesure taking by the government thanks you

  3. Tyler Lee says:

    I agree the Government has gone to far. Closing down businesses with no solid plan how they want to proceed. Why don’t they open everything up and take the money they are giving for people to stay home and put that towards providing enough nurses and doctors and equipment to help fight the virus and protect the most vulnerable instead of locking down everyone. Those over the age of 65 and with pre-existing conditions take the extra precautions they need to take and let people live their lives as this lock down is causing more damage then it is stopping with the virus.

  4. Sally says:

    Where do we sign up for these class action suits? Or is it already too late?

  5. Diane Shears says:

    I agree with Jaqualine. Prison for life, with no chance of parole. Personal assets stripped. This must never happen again.

    1. Mike says:

      Hi,

      I agree that this is just an abuse of power form the CAQ and there holding on to it.
      The physical and mental damage these lockdown / curfew has done will be seen for years to come. And no cares the gouv. Is only focusing on what will give them votes in their next election

  6. Jaqualine says:

    Sue them for everything they got.
    But it cannot end there, there must be arrests made.

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