Robert Libman: Quebec’s proposed ‘vax tax’ may be a necessary evil

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Legault’s government has been under pressure with our health care system on edge, overwhelmed by COVID cases and staffing shortages. So this week, many saw the resignation of public health director Horatio Arruda and the announcement of a plan to tax the unvaccinated as diversionary tactics. Finding a scapegoat like Arruda or looking for scapegoats, in this case, the unvaccinated, is a common practice, particularly in politics, when they find themselves caught in difficult situations. The modalities for the tax are vague, but unsurprisingly it has sparked frantic debate and discussion, which Prime Minister François Legault indicated on Thursday will continue on the floor of the National Assembly.

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However, regardless of the reason, the “vax tax” can be a necessary evil. the government has to find ways to move the 10 percent of eligible Quebeckers who are unvaccinated to receive their vaccinations . A tax is effectively the same as a compulsory vaccination law because if someone defies such a law, their punishment is usually a fine. But labeling it like a tax appears to be intended to sidestep concerns already being raised about if such measure or law violates the right to “security of person” in our bills of rights.

Interestingly, this government does not seem to mind arrogantly invoking a notwithstanding clause to nullify minority rights when it comes to language rights in House Bill 96 or religious expression in House Bill 21. Banning the wearing of religious symbols does not endangers no one. The unvaccinated, however, are indirectly endangering many in our society. If ever there was a case for invoking the notwithstanding clause, it would be here. But it may not be necessary.

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The issue of rights here hinges on Section 1 of the Canadian Bill of Rights, which allows a government to suspend rights if it is deemed to be a “reasonable limit prescribed by law that can be demonstrably justified in a free society.” and democratic”. Shouting baselessly “Fire!” in a packed theater is the classic example of freedom of expression that can justifiably be subject to limits.

In the current circumstances, a mandatory vaccination law or imposing a financial penalty on the unvaccinated could very well pass the litmus test of “reasonable limits”. The unvaccinated who claim their rights would be compromised are not considering the thousands of patients who are denied treatment or barred from potentially life-saving surgeries and procedures. The 10 percent of the population that is not vaccinated constitutes a disproportionate number of hospital admissions, especially those requiring intensive care. The unvaccinated are clearly having an impact on the health system and putting lives at risk.

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The government has no choice but to do everything possible.

This measure, however, will not achieve the goal on its own. Many will simply pay the tax and not get vaccinated. Hardliners can take the law to the extreme and refuse to pay any fine, challenging the government to make them martyrs to the cause. The government must also include more practical initiatives, but go beyond what it did in its Thursday announcement. In addition to forcing vaccinations to buy in person at large stores, it is time to include shopping centers and essential services such as supermarkets and pharmacies, to push the unvaccinated to give in.

The government must also consider that a percentage of the unvaccinated simply have not had the means to be vaccinated, some for socioeconomic or mental health reasons, and bring an offer of vaccination to people in those situations.

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We are short of options. Everything should be on the table at this point. The unvaccinated have the right to put their own health at risk, but not if it jeopardizes health care and the return to normalcy of others.

Robert Libman is an architect and building planning consultant who has served as leader of the Equality Party and MNA, as mayor of Côte-St-Luc, and as a member of the Montreal executive committee. He was a conservative candidate in the 2015 federal elections. twitter.com/robertlibman

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