Quebec’s ‘anti-vaccine tax’ is difficult to enforce, experts say

Article content

Most unvaccinated Quebecois will have to pay a “health contribution” because they are crowding intensive care units as the highly contagious Omicron variant spreads across the province, Prime Minister François Legault announced Tuesday.

Article content

But is the controversial proposal legal and enforceable, or is it an emotional reaction to a health care crisis that is spiraling out of control?

The Montreal Gazette spoke to several experts about whether the move would withstand legal scrutiny and persuade some of the roughly 800,000 unvaccinated Quebeckers to get their first COVID-19 vaccine in the coming weeks.

Since the announcement, more than 7,000 people have reserved their first dose of the vaccine.

Unvaccinated Quebecers with medical exemptions would not be subject to the financial penalty.

Pearl Eliadis, human rights lawyer who teaches at the McGill University law school

Eliadis said he thinks it’s premature to comment on the legality of the proposal because there are too many unanswered questions about its legislative framework, how it would be implemented or how the government would protect a person’s health information from being shared between government departments.

Article content

However, from a public policy point of view, Eliadis criticized the idea for several reasons. One is that a fine would disproportionately affect low-income and homeless people.

He said he understands the government wants to step in to reduce hospitalizations, but wonders how the policy would be enforced.

“Are we really going to go and find 800,000 people, (some of whom) are low-income or have disabilities?” she asked. “What are we going to do, take over their couch (if they can’t pay)?”

He also questioned whether Quebec has done enough to educate unvaccinated Quebecers, adding that creative incentives, such as making the vaccine passport mandatory to access SAQ and SQDC outlets, are more effective than measures coercive.

Article content

Julius Grey, one of Quebec’s foremost constitutional and civil rights lawyers

By threatening to implement a tax on vaccines, Quebec is apparently trying to make vaccination against COVID-19 mandatory. Although such a move would likely violate Canada’s Charter of Rights and Freedoms, the government could argue that it is justified because it is necessary to combat the latest wave of the pandemic.

Allowing an exemption for those with medical conditions would strengthen the government’s position.

“It would be a difficult decision,” Gray said when asked if the courts would uphold Quebec’s position if a future law were called into question.

“I think the government would have an argument for mandatory vaccination,” he said. “If a variant came along that had a 50 percent mortality rate, there would be no question that you could enforce it.”

Article content

Under normal circumstances, the government cannot make medical procedures mandatory.

However, if people die of COVID-19, or even a larger number die of cancer that has not been treated or heart operations that have not been performed, then life has to take precedence, he argued.

“We are in a bind, and the obligation to preserve life and health is an extremely compelling argument against people who assert scientifically unproven theories that these vaccines don’t work.”

Kim Lavoie, professor of behavioral medicine at the University of Quebec in Montreal

Lavoie called the plan to tax the unvaccinated “a masterstroke of distraction from the real problems of poor public health leadership.”

The public is angry and fed up, and Legault doesn’t want that anger directed at him, Lavoie suggested. So blame the unvaccinated for the increase in hospitalizations and the resulting delays in surgeries.

Article content

Instead of punishing them, the government should try to reach the unvaccinated subset of Quebecers who are loathe to receive the vaccine because they are marginalized, scared, or not yet convinced that it is necessary.

Simon Bacon, professor of behavioral medicine at Concordia University

If Quebec wants more people to get vaccinated, it must address fears many of them have about the safety and efficacy of COVID-19 vaccines, Bacon said.

Since initial concerns about the AstraZeneca vaccine and rare blood clots, Quebec hasn’t talked enough about new data showing how safe the vaccines are, he said.

Many anti-vaccines are young, marginalized Quebecers with low economic status and distrust of the government.

Article content

Imposing punitive measures like vaccine passports or fines only reinforces their position that the vaccine is not safe.

“They’ll say, ‘If it’s so good, why does the government have to force me to get it?’” Bacon said.

The Canadian Civil Liberties Association

The association is urging the Legault government to drop the “divisive and constitutionally vulnerable” proposal.

“We know that some of those who remain unvaccinated are people who face serious barriers to accessing health care, and many have a low level of trust in the system due to negative experiences in the past,” said Cara Zwibel, interim general manager. of the association. he said in a statement.

Allowing the government to impose fines on those who disagree with government-recommended medical treatment is a deeply troubling proposition, he added.

Article content

To justify restrictions on constitutionally protected rights, the government must provide clear and convincing evidence that there were no other reasonable alternatives, Zwibel said.

[email protected]

All our news related to the coronavirus can be found at montrealgazette.com/tag/coronavirus .

For information on vaccinations in Quebec, Click here .

Sign up for our e-newsletter dedicated to local coverage of COVID-19 at montrealgazette.com/coronavirusnews .

Help support our local journalism subscribe to the Montreal Gazette .