October 1, 2021 - No. 90
Quebec
Government Adopts Anti-Worker Occupational Health and Safety Regime Protest outside National Assembly during passage of Bill 59, September 30, 2021
• New Law Bans Demonstrations in Front of Health Care Facilities and Schools
- Pierre Chénier
• About Quebec's Bill 105
Quebec
On September 30, close to 500 workers demonstrated in front of the National Assembly in Quebec
City to reject Bill 59, An Act to modernize the occupational health and safety regime, as it was being passed with 72 votes in favour, 44 against and no abstentions.
Workers
from all Quebec union centrals were represented. Participating amongst
them were steelworkers, construction workers, Montreal longshoremen,
Davie shipyard workers from Lévis, Montreal blue collar workers,
health care workers, as well as workers from other sectors. The Union
des travailleuses et travailleurs accidentés ou malades
(UTTAM) was also there with a strong delegation.
The spokesperson for UTTAM represented the stand of all the
participants, when during his brief remarks, he said: "We must all
remember what happened here today in the National Assembly, where a
party that obtained 37 per cent of the vote in the last election gave
itself the right to overwhelm our health and safety regimes, take away
workers' rights while all workers' organizations representing them
oppose the legislation and the opposition parties have voted against
it. There's no consensus, it's unacceptable that all this has all been
dismissed. We continue to fight for our rights."
The general sentiment was that workers reject the control by private
interests of decision-making power over workers' health and
safety. In a discussion with an activist from the Party's Workers'
Centre, a prevention representative from the Port of Montreal
Longshoremen's Union explained that placing safety in the hands of
employers is a huge and unacceptable setback that puts workers' very
lives at risk.
Meanwhile,
on the eve of the bill's passage, Labour Minister Jean Boulet again
asserted that private interests must make the law. He said: "One of the
ways to ensure the effectiveness of prevention and participation
mechanisms is the possibility of implementing multi-establishment
programs. Indeed, the multi-establishment approach allows
employers to deploy the same prevention program in several locations
under their responsibility. This enables employers with more than one
establishment to be more efficient. The decision to use the
multi-establishment approach is left to the employer, as it is they who
are responsible and accountable for health and safety management in
their
establishments."
Workers reject such an irresponsible assertion and dictate and they
made it clear at the demonstration that they reject this law and that
the only response is to step up the defence of their right to safe and
healthy working conditions.
The Defence of Rights Is the Defence of Lives!
- Pierre Chénier -
Quebec
health care workers demonstrate outside their workplace July 9, 2020 to
defend their rights and those of their patients under conditions of
COVID-19.
On September 23, with the unanimous support of all
Members of the National Assembly minus one abstention, the Legault
government rammed through Bill 105, An Act to establish a perimeter around certain places in order to regulate demonstrations in relation to the COVID-19 pandemic. In
order to have the legislation adopted in a matter of hours with the
agreement of all parties, the Legault government drastically reduced
the duration of all the steps required for its adoption, going so far
as to limit debate in the National Assembly to a 45-minute period for
its adoption in principle and another 45 minutes for its adoption as
law.
The Quebec government and the parties in the National Assembly
sought to justify the law as an emergency for the protection of
children, the sick and health and education workers from so-called
anti-vax protests.
Premier François Legault tried to justify the law by saying:
"There's no way that we're going to accept this. At a time when there's
a serious shortage of nurses in our health care system, we cannot let a
handful of radicals make their lives even more difficult."
This law is not an emergency law and has nothing to do with
protecting the vulnerable and workers. It has everything to do with the
continuation of what has become the government norm of rule by decree.
That rule has been strengthened since the pandemic and is causing huge
problems by preventing workers from exercising their right to a
decisive say in addressing the problems facing the health care system.
It also closes the door to all avenues of rational and informed
discussion on those problems and their solution. All these governments
are doing is resorting to police powers and creating every kind of
division and antagonism possible to split the unity of the people.
The
Premier's statement that he is on the side of nurses is incredible when
looking into the history of governments over the past thirty years,
including his own. It is they who are directly responsible for the mass
resignation of nurses, not to mention all the other health problems,
including mental health, affecting the nurses and all health care
personnel. Their actions are carried out in the service of narrow
private interests. The government refuses to acknowledge that it has
responsibilities towards the population, which include adequately
funding the health care system and its staff and introducing a set of
measures that includes vaccination and other protective measures, in
cooperation
with those who care for patients.
Its attack on health and education personnel, as well as concerned
parents and others, is seen in the fact that its legislation prohibits,
within a certain perimeter, any demonstrations related to health
emergency measures, as well as any incitement on social media and
elsewhere, of such demonstrations in front of health and educational
institutions.
This is one more decree that prevents a solution to the problems that
comes from those who are actually providing the services, under the
hoax of fighting the extremists, the conspiracy seekers, etc.
Workers are fighting to calm the situation by speaking out against
these provocative decrees and uniting the people in putting forward
demands that uphold solutions to the problems that benefit the people
and society.
Workers' Forum calls on everyone to oppose the perpetuation
of rule by decree. It calls on everyone to defend the right of workers
who provide the care and educate youth in having a decisive say in
determining what needs to be done so that the well-being and the rights
of all are upheld.
The text of the legislation is less than 500 words.
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.
(To access articles individually click on the black headline.)
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