Court rejects request to block Quebec’s vaccine passport

Not being able to participate in social activities “is not a serious or irreparable prejudice but at most a disappointment, an inconvenience or an unpleasantness.”

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La Presse Canadienne

A test scan of a vaccine passport is shown at an Econofitness gym in Laval on Aug. 17, 2021.
A test scan of a vaccine passport is shown at an Econofitness gym in Laval on Aug. 17, 2021. Photo by Christinne Muschi /REUTERS

QUEBEC — A Quebec Superior Court judge has rejected a request to stay the application of Quebec’s vaccine passport.

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In her decision published Wednesday, judge Nancy Bonsaint said the court “sympathizes” with the disappointment and frustration that a person could feel having been refused access to a social activity, “as was the case of (notary Gaston Vachon) who could not accompany his employees to the restaurant to participate in karate classes.”

But not being able to access these places “is not a serious or irreparable prejudice but at most a disappointment, an inconvenience or an unpleasantness.”

Vachon and fellow complainant Hans Mercier argued the vaccine passport system “unduly impeded their rights and liberties protected by (Quebec’s) Charter of Human Rights and Freedoms and the Canadian Charter of Rights and Freedoms,” notably the right to equality, privacy and freedom of movement.

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The court said the argument that it creates two classes of citizens brought up a “serious question,” but the evidence did not support a conclusion that it would be in the public interest to suspend the use of vaccine passports at this stage.

Instead, Bonsaint wrote, the court said the balance of inconveniences leans in favour of the Quebec government.

More On This Topic

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  2. The VaxiCode app became available for Apple Wednesday and should soon be available for Android.

    How? Where? Why? Here’s a breakdown of Quebec’s vaccine passport system

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