Quebec Government's March 21 Ministerial Order Challenged in Court
May 27, 2020 health care workers day of action.
It its press release dated July 13, the
Interprofessional Health Care Federation of
Quebec (FIQ) informs that, together with the
FIQ-Private Sector (FIQP), it has filed a motion
before the Superior Court to put an end to what
they call a violation of democracy. The FIQ and
FIPQ object, specifically, to the renewal of
ministerial order 2020-007 of March 21 which
violates their members' rights and continues to
suspend several provisions in their collective
agreement.
The press release states in part:
"Since the beginning of the pandemic, this
order has given Quebec health institution
managers exceptional powers, in particular over
health care employees' schedules, work
locations, vacations and leaves. The use of
these powers should change based on how the
situation evolves, but there has been an abuse
of power. While restrictions are being eased
throughout Quebec, health care professionals'
working conditions are still under siege, even
when the number of cases has been dropping
significantly in Quebec health care
institutions, and some don't have any at all.
"While we must all remain careful, it is clear
to the FIQ and FIQP that the pandemic has
usurped too much leverage when it comes to their
members' working conditions. 'It's clear that
these orders are no longer needed to deal with
the public health emergency but instead to
manage problems in the network that existed long
before COVID-19. The government isn't protecting
the public's health anymore, instead it's
keeping measures in place that make the managers
comfortable. It's an abuse and violation of
democracy. We sent letters, we demonstrated, we
used every platform to get our message out...
Now we are going to court,' writes Nancy Bédard,
FIQ President.
"Four months to the day after the public health
emergency was declared, the FIQ and FIQP went
before the Superior Court with this motion,
requesting that the order not be renewed.
'Nurses, licensed practical nurses, respiratory
therapists and clinical perfusionists showed up,
collaborated and coped with the crisis in an
exceptional way. To extend this order is to
extend their distress. There's no logical reason
that can justify maintaining these measures: our
members have a work contract that contains
countless ways to find solutions as needed.
Let's use it!' writes Nancy Bédard.
In their motion, the FIQ and FIQP maintain that
the government is overstepping its powers, as
conferred on it by the Public Health Act,
and is abusing its power for enforcing
exceptional measures. They also assert that
ministerial order 2020-007 is violating their
members' fundamental rights, and the rights of
all health care workers." It is unfairly
stepping on fundamental rights that are
protected by the charters, in particular the
right of association," states the press release.
This article was published in
Number 49 - July 16, 2020
Article Link:
Quebec Government's March 21 Ministerial Order Challenged in Court
Website: www.cpcml.ca
Email: editor@cpcml.ca
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