quebecliberte

QuébecLiberté

  FR

Code of Professional Conduct of Lawyers

WHEREAS a lawyer is a servant of justice
WHEREAS the practice of the profession of lawyer is based on the following values and principles which a lawyer must take into consideration in all circumstances:

THE DRIFT HAS GONE ON LONG ENOUGH

Lawyers Calling for a Return to the Rule of Law

We, Quebec lawyers, have vowed to serve the community with “integrity, independence and for the preservation of the rule of law”. It is through these same principles that we call today for a social awakening. Bolstered by our code of ethics, by the oath we have taken and, above all, by our soul and conscience; we are launching this appeal.

THE DRIFT HAS GONE ON LONG ENOUGH

Lawyer Calling for a Return to the Rule of Law

We, Quebec lawyers, have vowed to serve the community with “integrity, independence and for the preservation of the rule of law”. It is through these same principles that we call today for a social awakening. Bolstered by our code of ethics, by the oath we have taken and, above all, by our soul and conscience; we are launching this appeal.

“ Code of Professional Conduct of Lawyers ”

WHEREAS a lawyer is a servant of justice
WHEREAS the practice of the profession of lawyer is based on the following values and principles which a lawyer must take into consideration in all circumstances:

Return to the Rule of Law

We need your support as well

Never in the history of Quebec have we experienced such a widespread destruction of our democracy, of our rights and freedoms and of the principles that we have sworn to defend. In light of the overwhelming silence of the Barreau du Québec, the faculty and the other legal authorities who have stood by and let this happen for almost two years now, we are compelled to appeal for a collective awakening in order to appreciate the scope of the current situation.

On March 13, 2020, the government proclaimed a state of emergency for health under the Public Health Act. In our view, as jurists, the intent of this law has since been completely violated, so much so that the state of health emergency has been extended without a break since the beginning of the crisis, without regard for the evolution of the epidemic situation in Quebec. This situation enables the government to conduct despotic governance by decree without regard for democratic principles. 

This executive and legislative loophole should have been addressed by the courts in a well-meaning democracy that has as its foundation a justice system that contributes to the balance of power. But we are appalled to find that this has not been the case. For the past two years, except for upholding the right of the homeless to be outside during a curfew (…), their decisions have been unilateral and in line with the government’s narrative.

We were forced to convince them of the merits of our case, thus reversing the burden of proof which holds that it is up to those who claim violations of fundamental rights to prove their case with tangible evidence. Sadly, the government has never been questioned, even though it claims to have no scientific basis to justify arbitrarily locking up its people.

At the very least, we would have expected the courts to show the same level of stringency for liberticidal measures as they do for emancipatory remedies. Rather, the courts have been unflinching in their undertaking to validate the most hostile governmental abuses of the basic values of law that once governed us. Recently, a father was stripped of his access rights to his child because he was not vaccinated against COVID-19 and was opposed to health measures. His child was vaccinated but the Court stated that it did not offer him sufficient protection from his father. The judgment states that the situation could be reassessed if the father got vaccinated.

“Integrity, independence and for the preservation of the rule of law”
“Integrity, independence and for the preservation of the rule of law”

Never in the history of Quebec have we experienced such a widespread destruction of our democracy, of our rights and freedoms and of the principles that we have sworn to defend. In light of the overwhelming silence of the Barreau du Québec, the faculty and the other legal authorities who have stood by and let this happen for almost two years now, we are compelled to appeal for a collective awakening in order to appreciate the scope of the current situation.

On March 13, 2020, the government proclaimed a state of emergency for health under the Public Health Act. In our view, as jurists, the intent of this law has since been completely violated, so much so that the state of health emergency has been extended without a break since the beginning of the crisis, without regard for the evolution of the epidemic situation in Quebec. This situation enables the government to conduct despotic governance by decree without regard for democratic principles. 

This executive and legislative loophole should have been addressed by the courts in a well-meaning democracy that has as its foundation a justice system that contributes to the balance of power. But we are appalled to find that this has not been the case. For the past two years, except for upholding the right of the homeless to be outside during a curfew (…), their decisions have been unilateral and in line with the government’s narrative. 

We were forced to convince them of the merits of our case, thus reversing the burden of proof which holds that it is up to those who claim violations of fundamental rights to prove their case with tangible evidence. Sadly, the government has never been questioned, even though it claims to have no scientific basis to justify arbitrarily locking up its people.

At the very least, we would have expected the courts to show the same level of stringency for liberticidal measures as they do for emancipatory remedies. Rather, the courts have been unflinching in their undertaking to validate the most hostile governmental abuses of the basic values of law that once governed us. Recently, a father was stripped of his access rights to his child because he was not vaccinated against COVID-19 and was opposed to health measures. His child was vaccinated but the Court stated that it did not offer him sufficient protection from his father. The judgment states that the situation could be reassessed if the father got vaccinated.

“In this context, mistrust of lawyers is rising like never before and this forum is intended as a space for reconciliation”

Hence, free and informed consent to care, the best interests of the child, freedom of speech, non-discrimination in public services and freedom of movement are all principles that any good jurist would take for granted, but today we are witnessing with distress the systematic undermining by our institutions. Many admit in our offices to having been compelled to get vaccinated on pain of social exclusion and abusive dismissals. Others see themselves treated as an underclass of citizens and threatened daily in their integrity by ever more repressive measures. Empirical data proves that the spread and contamination are as much the result of vaccinated people as of non-vaccinated people against COVID.

Every venue subject to the vaccine passport that was supposed to be a sanitary purity zone has been closed again, demonstrating the failure of this discriminatory provision. Those who are vaccinated and unaware of their positive status can access them, but not those who are unvaccinated and have a negative status. Therefore, the vaccine passport is no longer a public health measure but an iniquitous repressive norm whose sole purpose is the sanction and social repression of an identified group in society. Its maintenance is unjustifiable in a free and democratic society.

Such measures give way to a new legal regime in which our rights and freedoms are given as currency in exchange for our submission to various governmental injunctions, sometimes driven by the epidemic sliders, sometimes by the sovereign’s greed. The trend is such that the government is talking about a tax on health services to be introduced only to the non-vaccinated. This form of social organization is called social credit. We refuse to stand by and watch our society slide further into such a civilizational tipping point. Nothing justifies what we are experiencing. According to the INSPQ, during the last wave, the average mortality rate for COVID was less than 10 per 100 000 inhabitants. Under the age of 70, the rate is infinitesimal.

The social psychosis has gone on long enough. An increasing number of Quebecers are realizing that what we are experiencing is no longer justified by a public health imperative and is totally against the rule of law. In this context, mistrust of lawyers is rising like never before and this forum is intended as a space for reconciliation open to all those who wish to rally their names to our cause.

OUR CORE PRINCIPLES

Call to an End to the State of Health Emergency
the Revival of the rule of law
and the primacy of the constitution

The justice winner

Call to an End to the State of Health Emergency
the Revival of the rule of law
and the primacy of the constitution

81

Lawyer Signatures

26663

Citizen Signatures

Sign as Lawyer

Lawyers Submissions


Partagez avec votre réseau: / Share with your network:

   

Sign as Citizen

Citizens Submissions


Partagez avec votre réseau: / Share with your network:

   

We would like to thank our colleagues from other provinces who inspired this initiative with the

QuebecLiberte