Bill to force new Quebec doctors to stay in province raises legal questions: expert

By The Canadian Press on December 4, 2024.

MONTREAL – A constitutional expert says proposed Quebec legislation to force new doctors to practise in the province’s public system for five years after they graduate could potentially violate Charter-guaranteed rights to freedom of movement.

The bill tabled by Health Minister Christian Dubé on Tuesday would require medical graduates to sign a contract agreeing to practise in Quebec’s public system for the five-year period or else face financial penalties.

Constitutional lawyer Frédéric Bérard says the Canadian Charter of Rights and Freedoms guarantees the right of citizens to move to any province to live and work.

He says a judge would have to decide whether the threat of hefty fines would amount to violating that right and, if so, whether the violation can be justified.

Quebec Premier François Legault has said his government might invoke the notwithstanding clause to shield the bill from constitutional challenges, but Dubé said Tuesday that he didn’t believe it was necessary at this stage.

A spokesperson for Dubé’s office says government lawyers were consulted on the bill and have deemed it legal.

This report by The Canadian Press was first published Dec. 4, 2024.

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