(Quebec) A judge of the Superior Court of Quebec rejects a request for a stay of the application of the sanitary passport filed by the Beauceron lawyer Hans Mercier and the notary Gaston Vachon.
In the decision, Judge Nancy Bonsaint says the court “sympathizes” with the disappointment and frustration that can be felt by a person who is denied access to a social activity, “as was the case with Mr.e Vachon who cannot accompany his employees to the restaurant or participate in his karate lessons ”.
However, she adds “that the fact of not being able to access the places covered by the contested decrees, during the proceedings, is not serious or irreparable damage but at most a disappointment, an inconvenience or an inconvenience”.
The applicants argued that the vaccine passport requirements “unduly infringe their rights and freedoms protected by the Charter of Human Rights and Freedoms and the Canadian Charter of Rights and Freedoms”. They invoked in particular respect for their right to equality, to privacy and to freedom of movement.
As for the element raised relating to the “creation” of two classes of citizens, the court concludes that it raises a “serious question”. However, the evidence does not allow to conclude that it is in the public interest that the use of the vaccination passport be suspended in order to remedy this problem, at the stage of the safeguard order, we can read in the decision rendered. Wednesday.
“In short, at this stage, the evidence does not allow the presumption of validity of the contested measures to be rebutted and the presumption that a suspension of these measures would cause irreparable damage to the public interest,” said the court.
The court also concludes that the public interest tilts the balance of inconvenience in favor of the Attorney General of Quebec (AGQ).