Quebec judge rejects request to immediately suspend province’s mask mandate

In a decision rendered Friday, Quebec Superior Court Justice Frederic Perodeau refused to overrule the provincial decree on wearing masks in public indoor settings. While he declined the request for an emergency stay, the case will be heard on its merits at a later date, reported the Montreal Gazette.

"This is not one of those extremely clear and obvious cases that allow a court to intervene before trial," wrote Perodeau. "Only a full debate on the merits will shed light on the issues raised and separate the wheat from the chaff."

Perodeau wrote that it wasn't for the courts to decide whether a legislative measure is warranted but to debate its legality. He added that there is a presumption that laws and legislative acts are passed in the public interest, and seeking to suspend them must demonstrate otherwise. He stressed that an emergency suspension must show urgency and that waiting for the outcome of a trial isn't possible.

The three plaintiffs, Francesco Platania, William Thomas and Marie Tranquille, said COVID-19 doesn't pose a serious threat to Quebecers, nor is there any need for the health emergency or mask mandate.

The plaintiffs argued the measure is unconstitutional, as mandating masks violates their fundamental rights, including the right to life, liberty, security, and freedom of expression. They also said studies on masks did not demonstrate their effectiveness, noting other provinces have lifted or eased their mask rules.

The plaintiffs also asked the court to rule there is no health emergency.

"The situation they are complaining about today has been around for over a year," wrote Perodeau. He added that the plaintiffs failed to demonstrate they would suffer "serious and irreparable harm" if the mask mandate was not immediately lifted. They filed a challenge to the province's mask rules on public transit and indoor spaces that have been around since July 2020, 11 months later.