Qualified “good news” by the deputy prime minister Geneviève Guilbault, the decree “authorizing” the gatherings of less than 10 people is in fact only a further restriction, according to legal experts. This “confusion” might even open the way to the protest of hundreds of tickets.
The decree, in force may 22, shows that by keeping the requirement of a distance of two metres ” where possible “, the gatherings in a place outside the private, as a back yard, are now limited to 10 people.
However, such gatherings were already allowed without restriction as to the number, say the lawyers consulted by The Newspaper. “This is the case for the past two months ! It is sickening. In addition, they surf on it politically, ” says Me Frédéric Bérard.
“On 20 march, the decree was clear and net : outdoor gatherings are prohibited, unless there is a distance of two metres. […] It has added new restrictions. It is more severe ! “insisted the doctor of law.
“If you think that gives you freedom, you have already. You removed “, second the defense lawyer Me Didier Samson, who also regrets the tone of “partisanship” is given to this announcement.
The professor of public law at the Université Laval, Patrick Taillon, denotes a “blurring” in the communication guidelines, remembering that it must first rely on the text of the law ; the remarks given at the press conference, the eyes of the law, ” not worth much “.
“It sends a signal on the way in which the norm is perceived and interpreted by the machine. If the machine goes too far because its interpretation is not in line with the real rule, it gives ammunition to attack [the validity of the tickets] “, note-t-il.
On 7 may, more than 650 statements of offence, for the majority of 1546 $, had been given to illegal gatherings or the non-observance of the rules of estrangement, according to an accounting of Justice Québec. More than$ 1 Million in fines has been collected.
This is due to the proportionality of the penalty or a possible lack of clarity of the applicable standard for the distance, a distance of two meters, “the chances of a challenge are excellent,” sums up Me Frédéric Bérard. “The problem with that is that several will have already paid for their ticket, goes-t-he. There are certainly people who have violated the decree of 20 march. But the question is : is what they respected, but they are made of paste of fines, because the police were involved ? “