One of the harshest Covid lockdown policies in the world implemented in Quebec
On January 9, 2021, the Government of Quebec began enforcing one of the harshest Covid lockdown policies in the world, which prohibited people from leaving their homes between the hours of 8:00 p.m. and 5:00 a.m. Quebec was the only jurisdiction in Canada to impose a curfew. Police officers empowered by the Public Health Act levied fines against violators ranging from $1,000 to $6,000. The curfew came into force twice – first from January 9 to May 28, 2021, and a second time from December 31, 2021, to January 17, 2022. In Quebec between September 2020 and October 2021, 46,000 tickets were issued to those violating the government’s pandemic health regulations. Just under half of those tickets (about 22,500) were for curfew violations. The total amount of curfew fines has been estimated at around $30 million.
Stéphanie Pépin ticketed for violating the Covid Curfew
One brave Canadian, Stéphanie Pépin, chose to challenge the curfew and the violation of her rights and freedoms. On the evening of January 9, 2021, Ms. Pépin was on her way to join a 9:00 p.m. protest against the curfew policy when she was stopped by police and ticketed for violating the curfew.
Ms. Pépin launches a constitutional challenge against the Public Health Act
With help from the Justice Centre, Ms. Pépin launched a constitutional challenge against certain sections of the Public Health Act as violations of her freedoms of expression and peaceful assembly – protected by the Canadian Charter of Rights and Freedoms.
Her hearing took place from September 18 to 21, 2023. The week-long trial featured testimony from Dr. Horacio Arruda, Quebec’s National Director of Public Health during the pandemic, and Dr. Richard Massé, Arruda’s strategic medical advisor and the architect of the Public Health Act under which the curfew was enacted.
Constitutional challenge dismissed and decision appealed
Unfortunately, Justice Mme Marie-France Beaulieu dismissed Ms. Pépin’s constitutional challenge on January 30, 2024, in the Courthouse of Amos in western Quebec. The decision is being appealed.
Lawyer Olivier Séguin, representing Ms. Pépin, stated, “There have been dozens of challenges to the curfew law, but this one was different. This is the first time in Canadian history that the crafters of the laws under scrutiny were questioned under oath, and it became evident they had no constitutional basis on which to act.”
Challenge to Québec Covid curfew in Court on Wednesday, April 16
Lawyers funded by the Justice Centre challenged Québec’s Covid curfew before the Superior Court of Québec in Amos on Wednesday, April 16, 2025.
Constitutional lawyer Olivier Séguin argued that the government’s curfew, imposed under Québec’s Public Health Act, amounted to collective punishment and violated Quebecers’ constitutional rights to liberty, freedom of expression, and freedom of peaceful assembly.
The case stems from a ticket issued to Stéphanie Pépin on January 9, 2021, when she was stopped by police while driving to a peaceful protest against the newly announced curfew. The government had ordered residents to remain in their homes between 8:00 p.m. and 5:00 a.m.—a policy unique in Canada—first from January 9 to May 28, 2021, and again from December 31, 2021, to January 17, 2022. Under the Public Health Act, police were authorized to fine “curfew dodgers” up to $6,000, resulting in approximately 46,000 tickets and an estimated $30 million in fines.
Ms. Pépin chose to challenge the curfew in court, arguing that it unjustly infringed her constitutional freedoms. Ms. Pepin’s constitutional challenge was first heard in September 2023. During the proceedings, Mr. Séguin cross-examined Dr. Horacio Arruda, Québec’s National Director of Public Health during the pandemic, and Dr. Richard Massé, his strategic medical advisor and one of the architects of the Public Health Act. They acknowledged that the curfew was intended not only to reduce transmission of Covid but also to “reinforce compliance” and “send a clear message” to Quebecers to follow public health orders.
At trial, Justice Marie-France Beaulieu ruled that the curfew did indeed violate Quebecers’ constitutional rights but found those violations “justified.” The decision is now under appeal. “Québec’s Public Health Act does not authorize the government to impose collective punishment on its citizens in order to coerce them to follow other measures,” stated Olivier Séguin.
“The curfew was improperly imposed as a collective punishment on Quebecers. It is a violation of Quebecers’ constitutional rights that cannot be lawfully justified,” he added.
Decision to be announced soon
A decision is expected shortly on this matter.
