Law Enforcement in the Covid Era
These are strange and scary times we’re all living in. It seems that every other day, a new government order is being issued. And for every one of these public decrees there seems to be a corollary infringement of our civil liberties. Despite the difficulty that we all have with any violation of our fundamental constitutional rights, the obvious truth remains: in times of crisis, such drastic government measures become a necessity. It’s the lesser of two evils, if you will.
This makes total sense, of course. The liberties of one usually end where the liberties of others begin. So as much as you may feel you’re entitled to walk about freely and have gatherings with your kinfolk, bear in mind that others also have the right to not be infected with a wildly contagious and lethal virus.
On March 14th, the Quebec government declared a public health emergency (état d’urgence sanitaire), which is a temporary measure that grants exceptional powers to health authorities in order to quell and contain the Covid-19 virus. See article 123 of the Public Health Act to get a fuller sense of what the government can technically do in this situation. You’ll quickly notice that the health authorities’ range of action is extremely large, and includes ordering compulsory vaccinations and forcing people to grant the government full access to personal or confidential documents.
In the application of this exceptional measure, public health authorities may call upon police forces to carry out their orders and help ensure that everyone is in line with the government’s mandate. So brace yourselves, because things that may have seemed unthinkablea few weeks ago, things that we’d otherwise only associate with authoritarian regimes like North Korea and Russia, may now become a common occurrence in our news cycle.
Thankfully I don’t think we’re likely to see hazmat-clad officials forcefully yielding syringes anytime soon. However, the common trend for the moment seems to be the banning of group gatherings. And while it started with only gatherings of 250+ people, it quickly came down to essentially any group gatherings, with a few exceptions. If this seems draconian, that’s because it is. In a free democratic society such as ours, one governed by fairness and the rule of law, we are simply not accustomed to our freedom being so gravely restricted. But we are not living in normal times. Our world is in a state of crisis, and our governments need to act accordingly to maintain peace and order.
According to Montreal Police spokesperson Veronique Comptois:
“The way we will make the intervention is, we will ask people to get separated and respect the instructions given by the government. If people are refusing to cooperate, they could receive a fine of $1,000 and in extreme cases, if people absolutely refuse to cooperate, they could be arrested.”
But things could be worse. In France, over 4,000 people have already been fined for violating the strict country-wide lockdown, with fines now at 135 euros per violation. And in Italy, those who attempt to flee the lockdown in the country’s north, set up to try and stop the spread of the novel coronavirus, may face three months’ imprisonment. Let’s hope it never gets to that point.
So please, instead of fighting the state apparatus, try to cooperate. Be a part of the solution rather than the problem. Bear in mind that while your constitutional rights are still in full glorious effect, the government simply has even more justifiable reason to restrict them.
If you’ve been convicted of an offence, call Ginzburg Legal in Montreal to speak with a criminal defense lawyer.
Ginzburg Legal
405 Rue Marie-Morin
Montréal QC
H2Y 2Y1
(514) 710-6749