Supreme Court refuses to hear challenge to state of health emergency | Coronavirus

Supreme Court refuses to hear challenge to state of health emergency | Coronavirus

The state of health emergency was declared on March 13, 2020.

The Supreme Court on Thursday refused to hear the appeal of a Saint-Bruno-de-Montarville lawyer, Stanislas Bricka, who was asking the courts to declare the renewal of the state of health invalid. #x27;health emergency with decrees by the Legault government.

As is its habit, the highest court in the country did not explain what justifies its decision.

Mr. Bricka suffered a first setback in the Superior Court and then another in the Quebec Court of Appeal.

He challenged the interpretation to be given to the; Article 119 of the Public Health Act which authorizes the government to renew the state of emergency for periods of up to 10 days without obtaining the agreement of the National Assembly.

The plaintiff argued that the intention of the legislator must be sought and that the latter did not want the state of emergency to be renewed successively without consulting everyone. MPs. According to him, each renewal should be subject to the same conditions as for the initial decree, i.e. urgency.

In its judgment, the Court appeal decided that section 119 is not ambiguous. She recognizes that the Public Health Act creates an imbalance between legislative and executive powers, but that this allows the government to act quickly to effectively combat the crisis.

The state of health emergency was declared on March 13, 2020, which has enabled the government to increase its efficiency in combating the COVID-19 pandemic.

The measure was officially lifted on June 1 with the passage of Bill 28, but the legislative document allows the government to extend the exceptional powers granted to it by the x27;state of health emergency for more than two years.

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