The government has the right to renew the state of health emergency itself every 10 days, rules the Quebec Court of Appeal.
There is no need to have this renewal approved by a vote in the National Assembly, when these successive periods total more than 30 days, ruled the bench of three judges in its decision rendered on Friday.
In doing so, the Court of Appeal agrees with the government of François Legault, which has renewed by decree the state of emergency since March 13, 2020 due to the COVID-19 pandemic.
He’s a lawyer, Mr.and Stanislas Bricka, who asked the Court in August 2020 to invalidate the government decrees which repeatedly extend the state of health emergency. According to him, it is impossible that by adopting the Public Health Act – which allows the declaration of a health emergency – the legislator wanted to give so much power to the government, without control by parliamentarians.
The Superior Court refused to invalidate the decrees in April 2021, which is why Mand Bricka then went to the Court of Appeal.
The latter also rejected his arguments.
“It is clear from the provisions dealing with the health emergency that the legislator grants the government a wide discretionary power to declare a state of health emergency and to issue renewal decrees. However, it goes without saying that the measures taken under these emergency powers must be related to the serious threat to the health of the population, real or imminent…”
If the legislator had wanted the government to seek the consent of the National Assembly, he would have written it black and white in the Public Health Act – which he did not do, underline the three magistrates.
The Public Health Act “creates an imbalance between the legislative and executive powers”, of course, but it is in order to allow the government to act quickly to fight effectively against the crisis, is it specified in the judgment.