The Quebec government’s requirement that everyone wear a mask in closed public spaces respects the Quebec Charter of Human Rights and Freedoms, reported Quebec’s human rights and youth rights commission (CDPDJ) on Wednesday.
After reviewing the government’s decree, the commission found the government decision that entered into force on July 18 — while a violation of fundamental rights — “justified” in the context of the current pandemic.
The CDPJQ stated that article 9.1 of the charter allows the government to regulate fundamental rights and freedoms if it demonstrates that its restriction is neither irrational nor arbitrary and that the means chosen are proportionate to the objective.
“The Commission is of the opinion that the measure chosen meets the requirements of rationality and proportionality,” the CDPJQ report said.
The CDPJQ also emphasized that the government has taken measures to mitigate possible infringements on equality rights, for example not forcing the use of masks for people with certain disabilities or health conditions.
The commission did state that the decree enforced by the government should be removed or modified as soon as it is no longer justified by the circumstances.
–with files from The Canadian Press
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