TORONTO: The Canadian Constitution Foundation (CCF) has launched a legal challenge of the federal quarantine hotel requirement. The challenge is brought by the CCF and by five individual applicants who have just returned from travelling or imminently need to travel.
The quarantine hotel policy requires travelers entering Canada to take a COVID test and quarantine at a government approved hotel until they receive the results. Travelers pay out of pocket for these hotels, which can cost over $2,000 per traveler.
“The quarantine hotel policy is an unjustified limit on the rights of Canadians’ Charter protected right to enter Canada. The $2,000 cost per traveler is exploitive and punitive, and some of the hotels have been operating with inhumane conditions,” said CCF Litigation Director, Christine Van Geyn.
The individual applicants in the challenge brought by the CCF are all travelling for compassionate reasons. For example, three applicants wish to travel to attend to the end of the life of parent in another country. One applicant left Canada to attend a funeral, and another needs to travel to assist a spouse resident in another country while she undergoes surgery. While there are exemptions from the quarantine hotels for travelers entering Canada for compassionate reasons, there are no specific exemptions for travelers who must leave Canada for compassionate reasons.
“The individual applicants in this challenge must leave Canada for incredibly compassionate and sympathetic reasons. Their need to travel is unimpeachable. It is frankly bizarre and cruel that the federal government provides specific exemptions for compassionate travel into Canada, but not for the reverse situation of individuals travelling out of Canada for compassionate reasons. That’s why we are bringing this constitutional challenge,” continued Van Geyn.
The CCF is challenging the quarantine hotel policy on the grounds that it is a violation of the Charter protected right to enter Canada (s. 6), the Charter protected right to liberty (s. 7), the Charter protected right to be free from arbitrary detention (s. 9), and the Charter protected right to be free from cruel and unusual punishment (s. 12). The CCF is seeking an urgent injunction, a declaration that the quarantine requirement is unconstitutional, and monetary damages in the amount of the estimated hotel costs.
The CCF is represented by Toronto lawyer Jonathan Roth.
The Canadian Constitution Foundation (CCF) is a registered charity, independent and non-partisan. We defend the constitutional rights and freedoms of Canadians in the courts of law and public opinion.
