Quebec will be able to legally impose compulsory vaccination in the health network if it wishes, the Superior Court ruled on Monday in a judgment that comes however two weeks after the Legault government has already backed down in this matter.
“At this stage, the decree should be allowed to come into effect. […] The applicants have been unable to demonstrate that the decree, whether or not one agrees with the value of the solution it advocates, was not taken in its very face to protect the health of the population in a context of health emergency ”, explains judge Michel Yergeau in a decision made public Monday at the beginning of the day, thus rejecting the request for suspension which was requested.
Recall that the initial hearing took place on October 27, a few days before the Minister of Health, Christian Dubé, announced his decision to abandon the compulsory vaccination of health workers, saying he could not do without unvaccinated caregivers.
In this case, the government was being sued by more than a hundred health workers, including doctors, who oppose the imposition of compulsory vaccination. At the time the procedures began, as of October 26, 18,462 healthcare workers were still not adequately vaccinated, including 13,331 who had not received any doses, according to official figures.
The group’s lawyer, Me Natalia Manole, had pleaded that removing “20,000” people from the health system would lead to a “catastrophic situation” due to service disruptions. “It’s going to cause death, suffering, canceled or postponed surgeries, canceled or postponed appointments with specialists. This will lead to the closure of beds in CHSLDs, ”she had listed.
The executive branch and administration may have made the wrong choice of means to protect public health in this time of health emergency. But it is not for the Tribunal to substitute its opinion for that of the government on these questions of opportunity, it will be up to the voters to judge.
Michel Yergeau, judge of the Superior Court, in his judgment
What impacts?
If the decision is theoretical given the government’s flip-flop, it could however prove to be crucial if Quebec decides to impose vaccination in the future in the health network. Judge Yergeau’s decision could then serve as a case law.
For the time being, Quebec will instead rely on screening three times a week for unvaccinated employees, both in the public and in the private sector. This is a measure that is already in force since the first postponement of the deadline on compulsory vaccination, on October 15.
The government will pay all the costs required for the screening, but the employee will still have to do so on their own time.
In addition, those who refuse to undergo the exercise will be placed on unpaid leave. Health facilities are encouraged to reassign unvaccinated staff to places where customers are less vulnerable, “when possible”.
With Fanny Lévesque