The future law aimed at protecting elected officials should not lead to an avalanche of fines against citizens, according to Minister of Municipal Affairs Andrée Laforest.
“Honestly, I don’t think there are going to be many fines,” Ms. Laforest said in an interview with Duty.
Bill 57, which is about to be adopted in Parliament, exposes citizens to fines of $500 to $1,500 if they “obstruct the exercise of the functions of an elected official” by “threatening him, intimidating or harassing him in such a way as to cause him to reasonably fear for his integrity or safety.”
It also gives elected officials the power to ask the Superior Court to intervene urgently by issuing an injunction to put an end to this type of situation.
Since the 2018 election, the minister says she has received between 50 and 75 emails from elected officials facing such obstacles, “people who experienced a lot of intimidation, a lot of harassment”. She expects to count as many fines in the coming months, not many more.
It may not seem like much, but that doesn’t mean it’s not important, she says. “For me, 75 possibilities of criminal offenses is enormous. I want to have less and less. »
The right to participate in public debates protected
Bill 57 has been the subject of strong criticism in recent weeks because it has been accused of undermining freedom of expression.
The League of Rights and Freedoms, various media, unions and several experts had sounded the alarm about possible abuses.
In response to these criticisms, Minister Laforest added in the bill that it aimed to protect elected officials “without restricting the right of any person to participate in public debates.”
Another addition: the Superior Court must “take into account the public interest” before evaluating a request for an injunction.
It was also clarified that it was not an “obstruction” to the work of elected officials to “express, by any means, one’s opinion while respecting the democratic values of Quebec.”
The minister also points out that the adjective “abusive” has been added almost everywhere in the bill as a criterion for cracking down. “You always have to keep that in mind,” she says.
Finally, in cases where the people intimidated are deputies of the National Assembly, the Director General of Elections (DGE) would no longer be seized of appeals as provided for in the original version of the bill. The files will instead be sent to the Director of Criminal and Penal Prosecutions (DPCP)
Despite these amendments, opinions remain divided on the bill. On Tuesday, Parti Québécois (PQ) leader Paul St-Pierre Plamondon said it was “still too broad,” despite the improvements made.
“If the courts’ interpretation does not correspond to the protection of democracy and freedom of expression, a Parti Québécois government will intervene again.”
Another resignation
To her critics, Andrée Laforest retorted that she “had to act”. “We still have nearly 800 resignations,” she said. Tuesday morning, the mayor of Bonaventure, in Gaspésie, was added to the list of resigning elected officials, she reported. The latter did not say he was a victim of intimidation, according to what Radio-Canada reported. However, he said he was resigning to preserve his “physical and mental health”.
Minister Laforest also mentions that citizens targeted by fines or injunctions always have “recourse” in “exaggerated situations”.
In addition to measures related to intimidation, Bill 57 notably gives mayors on parental leave the possibility of voting remotely. It will also allow municipalities with 2,000 residents or fewer to have only four councilors instead of six.
Barring something unforeseen, the new version of Bill 57 should be adopted by the end of the week.