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Ishita Roy

Canada Top Court Says COVID Travel Restrictions Broke Mobility Rights Within The 'Reasonable Limits'

travel restrictions to canada: canada top court says covid travel restrictions broke mobility rights within the 'reasonable limits'

<strong><span rel="noindex">Travel Restrictions To Canada</span>: </strong>The top court of the land, that is the Supreme Court of Canada ruled that travel restrictions were violative of citizen's right, however, are reasonable during "grave emergency" like pandemic. 

<h2>Travel Restrictions To Canada: What Happened That Led To Supreme Court Ruling?</h2>

During May 2020, in early days of the COVID-19 pandemic, Kimberley Taylor, who was living in Halifax, got the news of her mother Eileen's passing away at the age of 75 of natural causes at St John's, as reported by <em>The Global Mail</em>. Kimberley wanted to attend a small memorial service however was unable to go there due to the Newfoundland government's rejection of her initial request. 

The memorial service and the burial was attended by her father, sister and niece. "I was denied the ability to join my family to grieve my mother," she said, as reported. 

This is when she along with the Canadian Civil Liberties Association launched a legal challenge. They noted that strict travel restrictions were in violation of the mobility rights within Canada as guaranteed by Section 6 of the Charter of Rights and Freedoms.

Last week, on Friday, a nine judge bench in the Supreme Court of Canada provided an expansive view of the Canadians' Charter mobility rights. 

<h2>Travel Restrictions To Canada: What Did The Canadian Supreme Court Say?</h2>

The top court said that while Kimberley's rights were in fact violated by Newfoundland's pandemic rules, these were within the reasonable limits. The court deemed the pandemic travels rules to be in bounds within the reasonable limits on rights and freedoms in Section 1 of the Charter. 

Jessica Kuredjian, a lawyer at Cassels in Toronto, as reported by <em>The Global Mail</em>, said, "This is a great ruling, and an important one. It is very human case. It is a great example of where Charter rights impact the real rights of everyday citizens."

The ruling will serve as a precedent for the ambit of government actions and restrictions during potential health emergencies in the future.

In a majority ruling authored by Justices Andromache Karakatsanis and Sheilah Martin, the court noted that early pandemic deaths and scientific uncertainty created an “extraordinarily difficult situation,” requiring swift decisions to protect public health and prevent further loss of life.

The judgment marks the latest major court effort to define the balance between individual freedoms and government authority stemming from pandemic-era actions. Just last month, the Federal Court of Appeal found the federal government’s 2022 use of the Emergencies Act to curb large protests was not legally justified.

Friday’s ruling also adds to the legal interpretation of the 1982 Charter of Rights. While many Charter provisions have been heavily litigated over the years, Section 6 — mobility rights — has rarely been tested in court.

“There really was a dearth of jurisprudence on the topic,” said Anaïs Bussières McNicoll, director of the Civil Liberties Association’s fundamental-freedoms program.

The pandemic travel-restriction case effectively marks the Supreme Court’s first detailed examination of Section 6 as it applies to Canadians’ general freedom of movement within the country.

In their majority opinion, five judges stressed that Charter rights must receive “generous protection.” On mobility rights, they traced the concept back nearly a millennium, linking it to common-law traditions from the 1200s and even earlier “ancient customs.”

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Travel Restrictions To Canada: The top court of the land, that is the Supreme Court of Canada ruled that travel restrictions were violative of citizen's right, however, are reasonable during "grave emergency" like pandemic. Travel Restrictions To Canada: What Happened That Led To Supreme Court Ruling?During May 2020, in early days of the COVID-19 pandemic, Kimberley Taylor, who was living in Halifax, got the news of her mother Eileen's passing away at the age of 75 of natural causes at St John's, as reported by The Global Mail. Kimberley wanted to attend a small memorial service however was unable to go there due to the Newfoundland government's rejection of her initial request. The memorial service and the burial was attended by her father, sister and niece. "I was denied the ability to join my family to grieve my mother," she said, as reported. This is when she along with the Canadian Civil Liberties Association launched a legal challenge. They noted that strict travel restrictions were in violation of the mobility rights within Canada as guaranteed by Section 6 of the Charter of Rights and Freedoms.Last week, on Friday, a nine judge bench in the Supreme Court of Canada provided an expansive view of the Canadians' Charter mobility rights. Travel Restrictions To Canada: What Did The Canadian Supreme Court Say?The top court said that while Kimberley's rights were in fact violated by Newfoundland's pandemic rules, these were within the reasonable limits. The court deemed the pandemic travels rules to be in bounds within the reasonable limits on rights and freedoms in Section 1 of the Charter. Jessica Kuredjian, a lawyer at Cassels in Toronto, as reported by The Global Mail, said, "This is a great ruling, and an important one. It is very human case. It is a great example of where Charter rights impact the real rights of everyday citizens."The ruling will serve as a precedent for the ambit of government actions and restrictions during potential health emergencies in the future.In a majority ruling authored by Justices Andromache Karakatsanis and Sheilah Martin, the court noted that early pandemic deaths and scientific uncertainty created an “extraordinarily difficult situation,” requiring swift decisions to protect public health and prevent further loss of life.The judgment marks the latest major court effort to define the balance between individual freedoms and government authority stemming from pandemic-era actions. Just last month, the Federal Court of Appeal found the federal government’s 2022 use of the Emergencies Act to curb large protests was not legally justified.Friday’s ruling also adds to the legal interpretation of the 1982 Charter of Rights. While many Charter provisions have been heavily litigated over the years, Section 6 — mobility rights — has rarely been tested in court.“There really was a dearth of jurisprudence on the topic,” said Anaïs Bussières McNicoll, director of the Civil Liberties Association’s fundamental-freedoms program.The pandemic travel-restriction case effectively marks the Supreme Court’s first detailed examination of Section 6 as it applies to Canadians’ general freedom of movement within the country.In their majority opinion, five judges stressed that Charter rights must receive “generous protection.” On mobility rights, they traced the concept back nearly a millennium, linking it to common-law traditions from the 1200s and even earlier “ancient customs.”

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