Quebec opposition parties demand answers as curfew's effectiveness challenged

On New Year's Day, dozens of protesters gathered in downtown Montreal to demonstrate against the provincewide curfew that was enacted by the Legault government in an effort to curb the spread of COVID-19 and limit the strain on the health network.

City police handed out 57 tickets that night, with fines ranging between $1,000 to $6,000 for being in public between 10 p.m. and 5 a.m. 

As it turns out, that curfew was enacted contrary to Montreal Public Health's advice, which according to a document released Thursday, had evidence showing the measure is not only ineffective in the fight against COVID-19, but even detrimental to the city's more vulnerable populations.

The regional health agency went as far as to cite a "lack of robust data on the specific effectiveness of curfews" in the document.

Now opposition parties at the National Assembly are calling for answers.

"We've been told for two years that decisions are made based on science, and clearly in this case, it was not," said Québec Solidaire's Vincent Marissal, who represents the Montreal riding of Rosemont.

Îles-de-la-Madeleine MNA Joël Arseneau, health critic for the Parti Québécois, said the government refused to provide information supporting the curfew.

"We have always asked the government to rely on science. In this case, the lack of justification or scientific explanations makes us doubt the validity of the decision," he said in a statement.

"Certainly, this is a further illustration that the confusion between politics and public health and the lack of transparency undermine trust in the decision-making process."

Liberal Leader Dominique Anglade took to Twitter Friday to say the curfew was not "a public health recommendation" and accused Premier François Legault of refusing to answer questions.

When asked about this, Quebec Public Health said in a statement that the curfew, when it was applied, "certainly had a dissuasive effect on the population from going out after a certain hour."

"Observational studies reveal that this measure prevented gatherings," the statement says. "The curfew therefore proved useful at a time when the number of cases remained high among the general population."

Unredacted email exchange published

This debate comes after Quebec's Health Ministry published an unredacted email exchange Thursday which shows the former public health director recommended the reinstatement of the provincewide curfew despite Montreal Public Health advising against the measure. 

In an email timestamped 10:31 a.m. on Dec. 30, hours before the last curfew was announced, Dr. Horacio Arruda's assistant solicited help from the province's public health institute (INSPQ) to help justify a rule that would only be in place fo nearly three weeks — ending soon after Arruda resigned.

In the email, Renée Levaque copy and pasted a lengthy document compiled by Montreal Public Health that was dated Dec. 21. The document explains curfews are particularly harmful to those living with the risk of family violence, people of colour and immigrants.

The document says those with mental illness, the unhoused and people who use drugs are also put more at risk by curfews.

'Hold government's feet to fire': Civil liberties advocate

On Twitter Friday, Health Minister Christian Dubé said the curfew recommendation came from Quebec Public Health "as Omicron was flying everywhere in December." He said public health recommendations were followed.

In a statement, Public Health says it is of the opinion that "the curfew is a severe measure that should apply only when other transmission reduction measures have been put in place and do not demonstrate the desired effects, as was the case at the start of the month of January."

It says most decisions are first the subject of meetings and discussions between the provincial and regional directors of public health. In the end, however, provincial public health officials make the final recommendations, the statement says.

Regardless, Cara Zwibel, who heads the Canadian Civil Liberties Association, said it is important to recognize that curfews can be a real hardship on people. 

"And the real message is to just hold the government's feet to the fire, to really demand justifications and evidence for steps that are being taken," Zwibel said.