The shield of the Court to protect themselves from the vaccine syringe: while the deadline of November 15 still hangs over their heads, health network workers are before a judge this morning to ask him to suspend the obligation to get vaccinated against COVID-19.
It is the government of François Legault which imposed this obligation by decree: if the caregivers do not comply with it, they will be suspended from their employment without pay.
This morning, their lawyer pleaded before Judge Michel Yergeau of the Superior Court that “this decree does more harm to the population than good”.
According to Me Natalia Manole, the suspension of caregivers will lead to a real “disaster” for the population: there will be service disruptions in the health network, suffering, surgeries will be postponed or canceled, medical clinics and CHSLDs will have to to close. “It’s going to cause deaths,” she warned.
The lawyer also argued that if these inadequately vaccinated workers are deprived of their livelihood, some will have to sell their homes and others will leave the country. Many of them already suffer from anxiety. The consequences for them are undeniable, she pleaded.
As of October 26, Quebec reported that 18,462 health network workers were not adequately vaccinated.
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Ultimately, this group of caregivers – including nurses, doctors and pharmacists – wants the court to cancel this vaccination obligation. But by the time the decree trial takes place, they are asking not to have to roll up their sleeves to get vaccinated.
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Initially, Quebec had put the ultimatum on October 15, then postponed it to November 15, expressing fears that the suspension of employees would lead to bed and operating room closures across the province. Then, earlier this week, Prime Minister François Legault hinted that another postponement was not impossible, again citing the staff shortage.
When the lawsuit was filed in October, it was on behalf of 43 caregivers. Almost 100 more have since been added, and Mr.e Manole has enhanced his request with 18 pages of new allegations and about sixty affidavits. Judge Yergeau of the Superior Court thus ruled that he could not force the government lawyers to proceed to the trial stage without having had time to prepare adequately, considering all this new evidence.
Two days of hearing are scheduled at the Montreal courthouse for this suspension request. The trial which will resolve the matter will take place later.