Even if the government of Quebec has suspended the compulsory vaccination of health workers, it can impose it if ever it wishes, the court ruled.
“It is necessary, at this stage, to let the decree come into force,” said Judge Michel Yergeau, rejecting the opponents of compulsory vaccination on Monday.
The latter, who work in the health network, had asked that the government decree be suspended, on the pretext that it would cause major service disruptions.
However, after having listened to the parties, the judge concluded that these opponents “did not succeed in undermining the presumption that the decree was made in the public interest” or in proving that the application of the decree would trample on the right of the public to receive adequate health care.
“That said, it may be that the executive power has made the wrong choice of means to protect public health in this period of health emergency, however, noted the magistrate. But it is not for the court to substitute its opinion for that of the government. ”
Refused for no reason
In his 47-page decision, the magistrate also threw a spade at 142 healthcare workers who had provided an affidavit stating their refusal to be vaccinated.
“Apart from five of them who provide some details, none of the declarants explains this refusal other than by [the belief] which associates the refusal to be vaccinated and the right to the inviolability of the person”, writes the judge.
Because the common thread of the thought of these people is limited to “I refuse and I do not have to explain myself”.
“They do not justify their refusal on fears of the effects of vaccines, on anxiety, on family pressures or on convictions or beliefs, can we read in the court document. However, the thing is not that simple from a legal point of view ”.
The magistrate noted that, during the hearing, the lawyer against compulsory vaccination “confined herself to conveying this refusal” without supporting it legally.
Pending decree
Note that after decreeing that compulsory vaccination of health personnel would come into force on October 15, the government pushed back the deadline by one month, before moving back further.
This had prompted state prosecutors to ask the judge not to render a ruling. The latter, however, decided to decide “out of respect for the work done by the parties”, but also because the decree is still presumed valid, even if there is no date of entry into force for the moment. A hearing on the merits of the case is scheduled for the coming months.
This decree was made possible by the Law on Public Health, which makes it possible to impose the vaccination of groups of people in times of health emergency.