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 tomorrow, Wednesday, April 16
AMOS, QC: The Justice Centre for Constitutional Freedoms announces that the Superior Court of Québec will hear the challenge to Québec’s notorious Covid curfew.
That hearing will occur tomorrow, April 16, 2025, in Courtroom 301 of the Palais de justice d’Amos (891, 3e Rue Ouest Amos, Québec, J9T 2T4) from 9:00 a.m. to 12:00 p.m. Eastern Time. Constitutional lawyer Olivier Séguin will argue that the curfew was improperly imposed as a form of collective punishment on Quebecers, in violation of their constitutional rights to liberty, freedom of expression and freedom of peaceful assembly.
At the lower court, Justice Mme Marie-France Beaulieu dismissed Stéphanie Pépin’s constitutional challenge to one of Canada’s most stringent Covid lockdown policies. Justice Beaulieu found that the curfew violated Quebecers rights to liberty, freedom of expression and freedom of peaceful assembly, but then ruled that those violations were justified.
On January 8, 2021, the Government of Québec imposed one of the most stringent Covid lockdown policies in the world: a curfew that prohibited people from leaving their homes between 8:00 p.m. and 5:00 a.m. Québec was the only jurisdiction in Canada to impose a curfew.
That curfew lasted from January 9 to May 28, 2021, and then again from December 31, 2021, to January 17, 2022.
The Public Health Act empowered police to fine “curfew dodgers” up to $6,000. In fact, police issued 46,000 tickets totalling an estimated $30 million between September 2020 and October 2021 for violations of public health orders.
On the evening of January 9, 2021, Ms. Pépin was driving to a 9:00 p.m. protest against the Covid curfew when she was stopped by police and ticketed for violating the curfew.
She chose to challenge the curfew and the violation of her rights and freedoms.
With help from lawyers provided by the Justice Centre, Ms. Pépin launched a constitutional challenge against the use of the province’s Public Health Act in violation of her constitutional rights to liberty, freedom of expression and freedom of peaceful assembly.
Her hearing took place from September 18 to 21, 2023.
During that week-long trial, constitutional lawyer Olivier Séguin cross-examined Dr. Horacio Arruda, Quebec’s National Director of Public Health during the pandemic, and Dr. Richard Massé, Dr. Arruda’s strategic medical advisor and the architect of the Public Health Act under which the curfew was enacted.
They admitted that the curfew was imposed not just to reduce transmission of Covid (a proposition that was challenged), but also to reinforce compliance with public health measures already imposed and to send a clear message to Quebecers that they should follow public health orders.
“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 Seguin, Ms. Pépin’s lawyer. “The curfew was improperly imposed as a collective punishment on Quebecers. It is a violation of Quebecers’ constitutional rights that cannot be lawfully justified.”
