Me Carl-Éric Therrien, lawyer for the plaintiff, indicated that he had received an unfavorable injunction on Monday since it only met three of the four criteria for an injunction. He asked the Court of Appeal for a stay of closure of the case.
The plaintiff succeeded in demonstrating that the situation was urgent to intervene. She also argued that there is a serious appearance of right, claiming that there are rights which are devolved according to the Act respecting health services and social services.
Mr. Therrien also demonstrated that the case meets the criterion of irreparable harm, that is to say that if an order is granted, irreparable harm could be suffered.
However, the trial judge declared that the CISSS des Laurentides is supposed to act in the public interest, ensuring that the plaintiff did not respect the criterion on the balance of the disadvantages of the order. The parties will return to court on February 19 to consider this criterion.
Me Therrien declared that the decision gave hope to the citizens of Rivière-Rouge, who would have had to travel at least sixty kilometers to get to the nearest emergency room.
He notably spoke on the phone with a client suffering from breast cancer who needs to frequently go to the emergency room. She was happy with the news, even if the fighter's path is far from over, mentioned Mr. Therrien on the phone.
In an interview with Midi infoon ICI Premiere, Thursday, Me Therrien specified that several municipalities are affected by this closure including: Nominingue, La Minerve, L'Ascension, La Macaza, Lac-Saguay and other municipalities in the region. The lawyer argues that the emergency serves some 15,000 people, a number that doubles or even triples, depending on the seasons and tourist influx.
On Wednesday, the three opposition parties asked the Minister of Health, Christian Dubé, to reverse the decision of the CISSS des Laurentides to close the emergency room between 8 p.m. and 8 a.m.
A petition to keep the emergency open launched by the 24h Emergency Committee, having collected more than 8,500 signatures, was filed by the spokesperson for Québec solidaire in health matters, Vincent Marissal.
Mr. Marissal said he shared the concern of the people of the Rouge Valley, who are on the verge of losing access to an essential service. He denounced, in a press release, the fact of traveling 80 km at night to get to Sainte-Agathe or 60 km to get to Mont-Laurier, saying that it doesn't make sense.
Mr. Marissal also emphasized that these two emergencies are among the busiest in Quebec.