Judge refuses to suspend mask mandate

The Superior Court on Friday rejected the request of three Quebecers to immediately suspend mandatory mask-wearing in the province.

In his decision, Judge Frédéric Pérodeau refused to suspend the application of decrees and ministerial orders related to COVID -19 that require everyone to wear a face covering in indoor public places.

The refusal, however, has not put an end to legal proceedings. The group wants the health measure declared “illegal and unconstitutional” and abolished for good.

There will eventually be a trial on the issue, but until then Quebecers will have to continue to wear masks until the government decides otherwise.

The three people who brought the request to the courts — Francesco Platania, William Thomas and Marie Tranquille — are of the opinion that COVID-19 is not a serious threat to the health of the population and that there is no reason to maintain the state of emergency in the province, or to continue to impose the mask mandate. They argue the requirement to wear masks violates their fundamental rights, including the right to life, liberty, security and freedom of expression.

They also claim studies do not prove the effectiveness of masks in preventing the transmission of the virus and that wearing them causes “harmful and undesirable health effects,” particularly for children. They argue it causes “physical and psychological problems.”

They want the rule to be scrapped immediately, and they asked the judge to formally declare that there is no health emergency in Quebec.

The judge reminded the group the courts do not determine whether a legislative measure is well founded — they can only speak to its legality. There is a presumption that laws and legislative acts are passed in the public interest, and those who want to suspend them have the burden of proving otherwise.

Pérodeau said a request to suspend the government's rules must meet very specific criteria, including that the situation is urgent and that waiting for a trial to settle the dispute is not possible. But in this case, the applicants have not proved there is an emergency, the judge said, because the rules surrounding masks have been in place since July 2020.

“The situation they are complaining about today has been around for more than a year,” Pérodeau wrote.

The group also did not demonstrate they would suffer “serious and irreparable harm” if the mandate was not immediately lifted.