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For Your Information New Order-in-Council and Use of Police Forces in QuebecAs COVID-19 cases surge in Quebec and the death toll climbs again, the Quebec government has responded with a new Order-in-Council, announced on September 30 and that went into force on October 1.[1] It is based on the previous orders which give full power to the government or the Minister of Health and Social Services to order any measure deemed necessary in the name of protecting the health of the population. The orders also provide full impunity to the government and the Minister in exercising these powers. Measures prescribed depend on the COVID-19 infection rate. Quebec is divided into 18 areas[2] for this purpose with each assigned a corresponding "alert" level, ranging from one to a maximum of four. As of October 1, Montreal, Laval, Montérégie, Chaudière-Appalaches, the Quebec City region and Lanaudière are partially or fully at level four. Some of the major measures in force in level four areas include: - No visitors in private homes and cottages, except in the case of people living alone who can have one visitor (e.g., caregivers or tradespeople performing work can enter private homes, one at a time). - Activities organized in a public place are prohibited, except for places of worship and funerals, where a limit of 25 people is in force and a register of attendees must be kept. - Demonstrations are permitted but wearing a mask or face covering is mandatory at all times. - Travel outside Quebec is not recommended. Travel within Quebec between zones with different alert levels is also discouraged, except for essential travel: students, workers, children of divorced parents with shared custody and freight transportation. The rules applying to residents of an area with a given alert level remain in force when in other areas. - Public meeting rooms, as well as auditoriums, cinemas, theatres and museums are closed. Libraries other than those in educational institutions are closed, except lending desks. - Restaurants are closed except for delivery, takeout and drive-through orders while bars, pubs, taverns and casinos are closed. For microbreweries and distilleries, consumption of food or beverages on the premises is barred. Containment measures are less restrictive in level three, two and one alert areas. Use of Police Forces to Implement the DecreeIn announcing the Order-in-Council at a September 30 press conference, Premier François Legault together with Public Security Minister and Deputy Premier Genevieve Guilbault explained that the new restrictions contained in the Order-in-Council are in force for 28 days, starting at midnight October 1. However, no end date was specified for the Order-in-Council and the exceptional powers it grants to the government and Minister of Health and Social Services. Regarding private homes, Legault said "police will be able to obtain a telewarrant quickly, from a judge, right away" to allow them to enter a home. If a violation is observed, people will be asked to comply, in which case the objective of the regulation will be achieved. Tickets of up to $1,000 can be issued "on the spot" for non-compliance. Regarding outside gatherings, Legault said that "From midnight [October 1] all gatherings will be banned. So what we have asked the police to do is first to disperse the people, invite them to leave. Then, if there are people who refuse to cooperate, well, they will also be likely to receive a ticket." Regarding demonstrations, he said: "For protests [...] wearing a mask will now be mandatory. Those who refuse to follow this rule can also get a ticket of $1,000. Officers will be able to act quickly by giving tickets on the spot." Notes1. To read
the Government of Quebec's Order-in-Council 1020-2020, September 30,
2020, click
here. 2. For the map of
COVID-19 alert levels by region, click
here.
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