Adoption of Special Bill 2: A Dark Day for Fundamental Freedoms in Quebec

The Canadian Civil Liberties Association (CCLA) condemns the adoption of Bill 2 – An Act mainly to establish collective responsibility with respect to improvement of access to medical services and to ensure continuity of provision of those services.

This rights-infringing bill marks another step in the Quebec government’s authoritarian drift.

By ending ongoing negotiations, prohibiting all forms of pressure tactics and unilaterally imposing new working conditions and remuneration, the government is undermining Quebec physicians’ right to freedom of association.

This law also violates other fundamental freedoms, as well as mobility rights, by prohibiting any “concerted action” leading to the cessation of a physician’s professional activities – including resignation, relocation to another province, or retirement. Under the law, an action is presumed to be concerted if it is “accomplished contemporaneously by two or more physicians”, regardless of whether there are actual links or geographical proximity between them. The penalties in case of violations are severe, ranging up to $20,000 per day.

Anyone who encourages or advises another person to contravene this law is also considered to be in violation and is subject to the same penalties.

It is regrettable that the Quebec government has chosen to impose a regime of coercion and fear, in violation of the rights and freedoms of the people it is supposed to serve. The CCLA deplores this confrontational approach and the lack of democratic dialogue surrounding the adoption of this law.