Appeal against the Attorney general of Quebec and the public health: the cabinet Guy Bertrand retires
The cabinet Guy Bertrand has decided to withdraw from the appeal in the judicial review brought by the Foundation for the defense of the rights and freedoms of the people (FDLP) against the Attorney general of Quebec and the national Directorate of public health.
In a letter dated July 6, and addressed in particular to the FDLP and its president, Stéphane Blais, the firm explained that “this decision is based on the fact that, by your conduct and your public statements, while the courts were seized of this case, you have broken the bond of trust, lawyer-client, which should exist in all circumstances until the end of the hearings before the superior Court”.
“In effect, by your actions, you have seriously undermined the credibility of the judicial process that we have asked us to build on the Foundation’s behalf. By your behavior, your language and your attitude, in respect to civil disobedience, non-observance of the Law and your political activism, while your case was pending before the courts, you have destroyed your own credibility in the face of the Court”, wrote the firm.
The box of the lawyers alluded in particular to the statement that “pop” made by Stéphane Blais on July 2, at the restaurant, Le Conti, where “you have proven that your role as an activist and politician, was incompatible with that of president and spokesperson for a Foundation that has chosen to rely on the courts to defend the rights and fundamental freedoms of the individual violated by the State of quebec, during the pandemic”.
“It is thus that, in front of dozens of people who you cheered on to break everything, you have grossly and deliberately distorted the role of the superior Court, entry of your folder, saying to him, somehow, that you gave him the “chance” of making you win your case,” added the cabinet Guy Bertrand.
For him, it is “public knowledge” that Stéphane Blais and his foundation to encourage “directly and indirectly, to the civil disobedience and non-compliance of the Law”.
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About the night at the Conti, whose The Sunthe was state, on Saturday, Me Bertrand writes that “fortunately we have not fallen into this trap that you had stretched this evening, inviting us kindly, my wife and me to a dinner in head-to-head with you and your partner, and another couple”. “We have smelled the bad deal at the last minute,” says he.
This is Stéphane Blais himself, who, for the sake of transparency, has made public the letter on his FB page, Tuesday, mid-day, to two days of the first hearing before the superior Court.
“I am in PROFOUND DISAGREEMENT with his remarks. Yes, I am a big fan of the approach Myself Galati [Rocco, specializing in constitutional law], and of Martin Luther King who make civil disobedience a duty when the tyranny points to his nose. Yes, we will go through the courts. No, the people will not accept the DICTATORSHIP. EVER. I have never hid my allegiance to the people, a people that is not a “fanatic” but who wakes up and sees more and more sees what is happening. Just”, writing the accountant of training, adding that “the continuation belongs to the Foundation and we will continue until victory”.
“Yes, there is a plan B and one of the lawyers who worked on [sic] for the foundation to intervene in the short term on the masks, injunction, etc”, mentioned there in the post-scriptum.
In its lawsuit filed in the superior Court, the foundation created last may alleged that the containment of Québec as a whole was an “unreasonable and unjustifiable” for the state of public health emergency, that this decision has bullied and threatened the rights and freedoms of citizens and that the State would have to take measures that are less drastic.
The action seeks to declare unconstitutional, and ineffective, several sections of the public health Act, which grants powers to the government to act in times of crisis.