Court denies injunction to unvaccinated Quebec caregivers seeking access to residents

In his ruling, Brossard says he must abide by the presumption that the government is acting in the public interest with its COVID-19 health measures.

A Quebec court has rebuffed unvaccinated caregivers who were hoping to obtain an injunction allowing them to enter nursing homes without showing proof of vaccination.

In a ruling Tuesday, Superior Court Justice Christian J. Brossard says that without an in-depth examination of the case, he can’t conclude the restriction imposed on unvaccinated caregivers causes more public harm than good.

A Montreal lawyer was representing about 80 caregivers and residents who want Quebec to switch from requiring proof of vaccination from caregivers to accepting a negative test result within the previous 72 hours.

Natalia Manole had argued in court last week that vulnerable residents are suffering without access to caregivers, and if unvaccinated health-care workers are able to work in the same facilities provided they test negative, people looking after loved ones should be afforded the same right.

In his ruling, Brossard says he must abide by the presumption that the government is acting in the public interest with its COVID-19 health measures, despite serious concerns raised by the plaintiffs.

Brossard says he hopes the epidemiological situation improves, allowing authorities to once again give all caregivers access to health-care establishments.

He also suggests, “with goodwill,” that caregivers who are unvaccinated strictly due to personal choice should “calmly, but diligently” re-evaluate their decision and its impact on the people they’re looking after.

While rejecting the request for an immediate injunction, Brossard urges that the case challenging the vaccination requirement be heard on its merits quickly, noting that a full hearing of evidence and arguments could lead to a different conclusion.