Containment: the process of court to an appeal against Quebec

Mesures de confinement: démarche judiciaire vers un recours contre Québec

In the Face of the pandemic, the government Legault had “a lot of other means of close regions, industries, shops, the national Assembly and the Court,” said lawyer Guy Bertrand, who now demand answers in front of the Justice.

Monday morning, a statement of claim written by the cabinet Guy Bertrand has been filed against the Quebec government and the department of public Health by the Foundation for The defense of the rights and freedoms of the people (FDLP), an organization that says it wants to “protect the fundamental rights guaranteed by the Charter of rights and freedoms of Canada for every human being canadian”.

In the document of a little over 70 pages, signed by the president and founder of the FDLP, Stéphane Blais and co-authored by Dr. Mario Beauregard, Caroline Mailloux and Jean Casault, it is alleged “that the containment of Québec as a whole was an unreasonable and unjustifiable for the state of health emergency”.

Excessive power

The purpose of the procedure is to declare null and void, unconstitutional and inoperative a number of articles of the Law on public health, decrees and ministerial orders, and the bill 61.

“According to our claims, the bill gives excessive powers to the government and to the director of public health in times of health emergency and they violate the Constitution of the province of Québec and its underlying principles of democracy and the rule of law”, has informed Me of Bertrand in the framework of a press conference held in front of the palace of justice of Quebec.

“The government of Quebec clings hard as iron to the emergencies Act by attempting to pass a law to the national Assembly (Act 61) that we would plunge more or less in a dictatorship, that is to say, rule by decree indefinitely without the people who participate in making the decisions are accountable,” said in a tone engulfed the president and founder of the movement, which consists of about 8 000 members on Facebook.

Rights violated

“Today, we are pursuing the government of Québec for non-compliance of our constitutional rights, abuse of power and abuse of trust,” he added.

In their motion, the plaintiffs allege that the decisions taken by the government are “excessive” and that they “will irremediably generate a social crisis that is worse than the health emergency if this should continue”.

Moreover, the applicants intend to demonstrate to the Court that the State would have been able to “take measures that intrude less on their rights and freedoms to protect the public health response to the pandemic of the COVID-19”.

List of rights which, according to the lawsuit, have been violated by the government:

  • The right to life, to security, to integrity and to freedom
  • The right to freedom of conscience, religion, opinion, freedom of expression
  • The right to freedom of peaceful assembly, freedom of association
  • The right to respect for private life, inviolability of his home
  • Right of movement and motion


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