Monday, October 3, 2022

Quebec judge refuses to suspend the obligation to wear masks

MONTREAL – A Quebec judge rejected the request of three Quebecers who wanted to suspend the province’s regulations on face masks due to the COVID-19 pandemic.

In a decision made on Friday, Quebec High Court Justice Frédéric Pérodeau refused to approve an application for the immediate suspension of provincial and ministerial orders requiring Quebecers to wear masks in various indoor public places.

Although the request for emergency stay was rejected, it will be heard on the merits of the case later during the trial.

Pérodeau wrote: “This is not one of those extremely clear and obvious cases that allow the court to intervene before trial.” “Only a full debate on the merits of the case can clarify the issues raised and separate the wheat from the chaff.”

Until then, unless the province changes its rules, the blocking measures will continue to be effective.

The three plaintiffs mentioned in the lawsuit, Francesco Platania, William Thomas and Marie Tranquille, believe that COVID-19 does not pose a serious threat to Quebecers and therefore do not need to take sanitary emergencies or face covering measures.

They believe that public health measures should be abolished and declared the measures illegal and unconstitutional. Their arguments include that the requirement to wear a face mask violates their basic rights, including the rights to life, freedom, security, and freedom of speech.

They also argued that the research did not prove the effectiveness of the mask. They pointed out that other provinces have cancelled or relaxed their mask regulations. They also asked the court to rule that there is no health emergency.

Pérodeau wrote that it is not the court that decides whether a legislative measure is necessary, but whether it is legal. There is a presumption that laws and legislative acts were passed in the public interest, and seeking to suspend them must prove otherwise.

He also emphasized that the emergency suspension must show urgency and it is impossible to wait for the outcome of the trial. It must also be shown that if the measure is not cancelled, it will cause serious and irreparable harm.

But the judge wrote that the applicant did not prove that their request was urgent. The province’s regulations on masks for public transportation and indoor spaces have existed since July 2020, but the challenge was raised 11 months later.

“The situation they complained about today has existed for more than a year,” he wrote.

Siddhartha Banerjee


This News Originally From – The Epoch Times

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