Photo: Valérian Mazataud Archives The Duty
The FIQ considers that “the extension date” of the order “violates the rights and freedoms of its members” in a manner not justifiable in the light of the canadian and quebec charters of rights.
Exceeded, the nurses bring out the heavy artillery and call on the court to declare unconstitutional and “unfair” the ministerial order that allows, from the 21st of march, for managers to cancel their holidays, their holidays and go to their collective bargaining agreements.
A petition has been filed on Monday before the superior Court of Quebec by the Federation interprofessionnelle de la santé du Québec (FIQ) representing 76 000 members, and showcasing the 1700 nurses in the private sector (FIQP-FIQ).
“We did all the requests, we did demonstrations, we denounced it on all the forums. Here, it is made to go before the courts for managers to stop using the decree 007 of abuse and continue to violate our rights, ” said Monday, Nancy Bédard, the president of the FIQ.
In its petition, the FEDERATION alleged that the decree giving the government Legault and its managers with exceptional powers, which was renewed for a 16th time since the beginning of the pandemic in march, no longer has its reason to be, given the favourable evolution of the health situation in Quebec. Since June, “it is clear […] that the curve of confirmed cases is now flattened and controlled,” writes the FIQ.
This is why she judges that the “extension date” of the order “violates the rights and freedoms of its members” in a manner not justifiable in the light of the canadian and quebec charters of rights, and asks the court to declare it unconstitutional or inoperative.
“The nurses have given a lot and have accepted that many people would not have accepted. Managers now use decrees to overcome the problems that existed before the pandemic. It was a very hard, a measure of exception, which must end, ” slice the head of association.
An extension indu
According to Nancy Bédard, the examples of the establishment, who arrogate to themselves excessive powers to the detriment of the health and private life of nurses persist without reason. The full-time mandatory continues to be the standard in a number of regions, as well as the overtime is compulsory, without regard to the family responsibilities of its members, of which 90 % are women.
“This is not the health of the population we are protecting with these measures [the order], it is simply used for convenience by the managers. The nurses can’t take it anymore, they just want to resign ! , “said Ms. Bédard, who has just made a tour of the network.
The CIUSSS of the East-of-the-Island-of-Montreal, for example, nurses who were experienced in charge of the follow-up of patients in a family medicine Group (GMF) are mutated to overcome the lack of staff in other institutions. “It’s just not the right people to the right place ! “, believes Ms. Bédard. In this CIUSSS, not least of 259 nurses have resigned since the 1st of march, says the FIQ.
At the Institut universitaire en santé mentale de Montréal (IUSMM), where no patient COVID-19 is processed and where no surgery is performed, the ministerial order decreed for the cause of a pandemic, however, is applied to the letter. “People tend to even find yourself in excess of the staff they had prior to the pandemic. When the schedules are made by computer, it is chaos. It will be the proof in court “, still decries the FIQ.
According to Ms. Bédard, of the arrangements targeted may, however, be negotiated locally with the trade unions, as is done frequently in the event of staff shortage or risk of shortage of service. The FIQ intends to also meet soon on this matter with the new minister of Health and social Services, Christian Dubé, as well as the president of the treasury Board, Sonia LeBel.
A nurse by profession, Denis Dubé, and its local unit, the trade Union of professionals in Health and social Services Centre-Sud-de-l’île-de-Montréal (SPSS-CSIM-FIQ), will be part of this cause.
The FIQ and the FIQP had already brandished the weapons last Friday, challenging the superior Court, the directive of the national Directorate of public health June 9, limiting the wearing of the mask N95 for medical situations that are highly specialised or those that generate aerosols.
The nursing union relies on the fact that the restrictive nature of the directive has put in danger the life of the nursing staff, increasing the risk of contracting the COVID-19. According to him, no more shortage is no reason to restrict, since this date, access to the N95 to the nursing staff and limit the materials of protection only surgical masks.