Challenge to Curfew

MONTREAL, May 7, 2021 /CNW Telbec/ - The AQPSUD (Association québécoise pour la promotion de la santé des personnes utilisatrices de drogues) [Quebec association for drug user health promotion] filed a court challenge to the curfew today and will seek its suspension pending a decision on its merits. The application for the curfew suspension will be heard on Tuesday, May 11.

The AQPSUD would like to emphasize that it supports health and social measures that fight the spread of the virus while maintaining a social safety net. However, the curfew, which has not been scientifically proven to limit the spread of Covid-19, violates rights protected by the Canadian Charter by preventing drug users from accessing the health care they are entitled to.

Concurrently to the pandemic, there has been a devastating overdose crisis in the past years, with the number of overdoses increasing throughout the pandemic. The situation has become more critical since the introduction of the curfew in January. Overdoses tend to increase with the arrival of summer, and we are expecting a humanitarian disaster if the curfew is not lifted promptly.

Possessing drugs remains illegal and those who use them are more stigmatized than ever. Experience shows that we cannot rely on the police discretion-based public health exemption and attestation system to maintain access to health care between 9:30 p.m. and 5:00 a.m. for marginalized people. We believe without a doubt that the harm the curfew does to drug users far outweighs any benefits it may bring to the general population.

AQPSUD will be represented by Sibel Ataogul and Daniel Bélanger of Melançon Marceau Grenier Cohen, the same firm that successfully challenged the City of Montreal's P-6 by-law.

SOURCE Association Québécoise pour la promotion de la santé des personnes utilisatrices de drogues (AQPSUD)