About Quebec's Bill 105
Part of section 1 reads: "No one may be less than 50 metres from the grounds of the following places in order to demonstrate, in any manner, in connection with health measures ordered under section 123 of the Public Health Act (chapter S-2.2), COVID-19 vaccination or any other recommendation issued by public health authorities in relation to the COVID-19 pandemic." The law applies at places where COVID-19 testing or vaccination services are provided; health and social services institutions; childcare centres or day care centres covered by the Educational Childcare Act and educational institutions providing preschool, elementary, secondary, vocational, adult or college-level education. This means that any demonstration related to government health emergency measures is prohibited within a 50-metre perimeter around these locations. This includes, for example, any demonstration that workers want to organize against the government's ministerial decrees that declare whole sections of collective agreements and working conditions negotiated by health personnel null and void. This includes protests against the lack of safe conditions in health or education. In addition, the law states that "no one may organize or incite anyone to organize a demonstration that would contravene section 1." Minister of Public Security Geneviève Guilbault has said that this includes, for example, anyone criticizing the government on social media for its health emergency measures and calling for demonstrations in front of those locations. The law provides for fines ranging from $1,000 to $6,000 for anyone who violates it. It also includes the provision that "anyone who, in connection with public health measures ordered under section 123 of the Public Health Act, COVID-19 vaccination or any other recommendation issued by public health authorities in relation to the COVID-19 pandemic, threatens or intimidates a person who is going to, trying to access or leaving a place referred to in section 1, commits an offence and is liable to a fine of $2,000 to $12,000." Intimidation, which is undefined, can be attributed to someone who is in one of these establishments and is agitating against health emergency measures, such as a worker, for example. The Act also includes a fig leaf, according to which the legislation must not be interpreted as prohibiting demonstrations in relation to the working conditions of staff at the locations covered by the prohibitions on demonstrations in front of those premises. Actually, working conditions are closely related to so-called health emergency measures, so it will be left to the arbitrary powers of the state to determine whether there is a connection or not.The law also allows a Superior Court judge to grant an injunction to prevent any act prohibited by the legislation. The law officially ceases to have effect on October 23 of this year, but can be extended in 30-day increments at the government's discretion, as has been done with the ministerial health emergency order since March 30, 2020. It will finally cease to be in effect at the same time as the government ends its health emergency ministerial order.
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