A man who disputed his numerous contraventions of health rules cannot invoke his “rights and freedoms” to avoid paying them, ruled the Court of Quebec.
“It is not enough for the dissatisfied citizen to chant ‘Freedom’ and to take refuge behind the provisions of the charters to question the constitutional validity of the laws which displease him”, indicated the magistrate justice of the peace Dominique Benoit.
Judge Benoit then responded to a request from the Attorney General of Quebec (PGQ) to dismiss the constitutional demands of a man who challenged statements of offense received during the pandemic.
Valmon Boissy was dismissed by judge Dominique Benoit after trying to challenge the statements of offense he had received during the pandemic. FACEBOOK PHOTO taken from the Valmon Liberté page
In 2021, Valmon Boissy received ten reports, eight for non-compliance with the curfew and two for not wearing a mask.
Very active in social networks during the pandemic, the 29-year-old man notably appeared on several occasions in the company of anti-vaccine activist François Amalega Bitondo.
Before the court, Mr. Boissy did not contest the offenses and offered no evidence in defence.
However, “he considers that the health measures imposed by the government infringe his rights and freedoms […]. He alleges that the measures and the fines to be imposed are illegal, excessive, unconstitutional and abusive,” reads the judgment rendered on January 6.
Multiple disputes
On five occasions in 2021, the resident of Brossard, on the South Shore of Montreal, sent the PGQ a letter advising him that he wished in particular to question the constitutional validity of the Public Health Act and all the health measures adopted by the Quebec government.
He also wanted to obtain redress for the violation of his rights and freedoms.
Valmon Boissy was dismissed by judge Dominique Benoît when he tried to challenge his statements of offense received during the pandemic. PHOTO Linkedin / Valmon Boissy
In response to the PGQ, which informed it of the non-compliance of its steps, Boissy sent the Prosecutor in April 2022 a new procedure, alleging in addition that “the prohibition [sic] wearing a mask in a demonstration violates the freedoms of expression and peaceful assembly and is unconstitutional”.
The document was accompanied, among other things, by an online petition instigated by Mr. Boissy, comments by signatories on their rights and freedoms, as well as newspaper clippings.
“The Tribunal does not find in Mr. Boissy’s proceedings any substantiated argument that would allow a relevant and serious constitutional debate. What noise and wind, one would say”, noted Judge Benoit, describing these steps as “laborious fishing trip”.
Waste of time
According to the judge, “the requests remain devoid of any factual and legal basis which would allow a useful debate. In the circumstances, these requests have no reasonable chance of success”.
The latter therefore accepted the AGQ’s request and rejected Mr. Boissy’s opinions of unconstitutionality.
“The desired debate is not circumscribed, would be unnecessarily cumbersome, costly […] It is best that limited judicial resources and hearing times are spent on the cases to be heard,” she explained.