The Quebec Superior Court has dismissed an appeal challenging Quebec’s controversial COVID-19 curfew, ruling that while the unprecedented measure violated several Charter rights, those infringements were justified under the Constitution because of the pandemic.
In a decision released July 29, Justice Carl Thibault upheld a lower court ruling involving Stéphanie Pépin, who was ticketed on January 9, 2021, after police stopped her while she was driving to attend a peaceful protest against Quebec’s newly imposed nighttime curfew.
Quebec was the only province in Canada to impose a province-wide curfew during the pandemic. Residents were barred from leaving their homes between 8 p.m. and 5 a.m., with fines ranging from $1,000 to $6,000 for violations. The curfew remained in force until May 28, 2021, before being reintroduced from December 31, 2021, to January 17, 2022.
According to evidence presented in court, roughly 46,000 pandemic-related tickets were issued in Quebec between September 2020 and October 2021, including approximately 22,500 curfew tickets, representing an estimated $30 million in fines.
Justice Thibault agreed with the trial judge that the curfew infringed Ms. Pépin’s rights to liberty, freedom of expression, and freedom of peaceful assembly under the Canadian Charter of Rights and Freedoms. The court also acknowledged that peaceful political demonstrations held during curfew hours were effectively prohibited because they were not exempted under the regulations.
However, the court concluded those infringements were justified under Section 1 of the Charter, finding the curfew was rationally connected to the government’s objective of slowing Covid-19 transmission and protecting the healthcare system. Justice Thibault emphasized that courts should exercise restraint when reviewing emergency public health decisions made during an unprecedented crisis.
During the original 2023 trial, constitutional lawyer Olivier Séguin cross-examined Quebec’s former National Director of Public Health, Dr. Horacio Arruda, and his strategic medical adviser, Dr. Richard Massé. Both acknowledged the curfew was intended not only to reduce virus transmission but also to reinforce compliance with other public health measures and send a strong message to the public.
“The Court again recognized that Quebec’s Covid curfew infringed fundamental Charter freedoms,” Séguin said following the ruling. “The central question was whether those infringements were justified during a public health emergency.”
The Justice Centre for Constitutional Freedoms, which funded the litigation, said its lawyers are reviewing the judgment to determine whether to seek further appellate review.
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