The first curfew imposed in Quebec in 2021 will not benefit from a review by the Supreme Court of Canada. In its decision rendered Thursday, the highest court in the country indicated that it will not hear this case.
The 2021 curfew was in effect from January 9 to May 28. It prohibited anyone from being outside their residence between 8 p.m. and 5 a.m., with exceptions, due to the pandemic related to the virus causing COVID-19.
A Gatineau lawyer, Mr.and William Desrochers, filed an appeal to challenge the constitutionality of Decree 2-2021 of the Government of Quebec, by which he prescribed the curfew, in order to have it invalidated.
He alleged that this prohibition violates his rights and freedoms and those of all citizens of Quebec.
Not wanting to wait for the debate at a trial, which could have taken one or even two years, Mr.and Desrochers also requested the issuance of a safeguard order which would have immediately suspended the decree.
The Superior Court of Quebec refused on February 8, 2021 to suspend it and the curfew therefore continued.
As has been the case with other health measures challenged since the start of the pandemic, the Superior Court recalled that there is a presumption that the rules imposed to prevent the spread of COVID-19 were adopted for the good common interest, in the interest of the people of Quebec.
Then, the Court of Appeal refused to hear the case. Mand Desrochers then withdrew his lawsuit in July 2021, but insisted that the highest court in the land still consider his request for leave to appeal. The Supreme Court chose not to get involved.
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