What measures against the recalcitrant?

What measures against the recalcitrant?

Preventive or compulsory segregation seems more difficult to enforce than wearing a mask, while the authorities are unable to agree on the procedures to be followed or to comment on the real consequences to which the recalcitrant are exposed. who do not comply.

On the one hand, Deputy Prime Minister Geneviève Guilbault announced on Friday the OSCAR operation, which aims to ensure respect for the wearing of masks and social distancing in bars and restaurants.

In general, the offenders are liable to fines ranging from $ 400 to $ 6,000.

However, nothing seems to be specifically planned for the recalcitrant who, in any context, refuse to comply with respect for their isolation, as provided for in the Law.

Moreover, it is Public Health which is responsible for mandating the police authorities to enforce this law by means of a legal order.

Turn around

“At the ministry, we issue directives, but it is Public Security that is responsible for enforcing them. But they will send you back to us and we go around in circles, ”replied Robert Maranda, spokesperson for the Ministry of Health and Social Services, when Le Journal wanted to know what the consequences were of not respecting the isolation. .

“There are a lot of gray areas. It's quite complex, this subject of legal orders, ”admits Mr. Maranda.

Regarding the consequences for the recalcitrant, the Sûreté du Québec explains that “a peace officer could write a general offense report, which will be sent to the Director of Criminal and Penal Prosecutions and who, subsequently, will decide whether bring charges or not ”, indicates Hugo Fournier, spokesperson.

However, it was impossible for him to come up with the possible sanctions for the offender.

Who to intervene?

On the side of the Ministry of Public Security (MSP), it is indicated that a citizen who wishes to denounce a person who does not respect his isolation order can directly contact the police force concerned.

However, on the side of the SQ, the SPVQ and the Ministry of Health, it is specified that it is Public Health which must mandate the police authorities.

The MSP also specifies that an order can be made by the regional director of public health requiring that a person remain at his home, but it never specified, despite the questions of the Journal , if the recalcitrant exposed themselves to a fine.

Share Button