Non-essential travel ban would violate Constitution but courts might allow it: expert

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Fear that Quebecers will catch a new variant of COVID-19 on vacation is what's driving demands by the Quebec premier for Ottawa to ban non-essential flights to the country. Legal experts, however, say a ban on non-essential travel would violate the mobility rights guaranteed in the Charter of Rights and Freedoms

Trudeau said earlier in the week he wouldn't close the border to Canadians because the Constitution protects their right to enter the country. The prime minister, however, has restricted access to the country to foreigners since the start of the pandemic.

A September ruling in Newfoundland and Labrador offers an idea of how the courts would interpret the legality of travel bans, Poirier said. A judge in that province affirmed the government's ban on interprovincial travel to limit the spread of COVID-19, despite arguments the order violated charter rights.

Bryant said he doesn't believe fears of new COVID-19 variants justify added restrictions on mobility rights, especially if more proportionate responses -- such as increased testing of people arriving in the country -- are available.

 

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LindaWoods2020 Canadian courts have never upheld our freedoms. Canadians have no rights.

Only an issue if someone is going to take it to court. If that person can afford a lawyer & court fees then they should have no problem paying the extra fees for a quarantine hotel. Taxes & fees should quadruple on international travel to support economic recovery.

Rights come with responsibilities. No rights are unlimited.

Sure, why not. Who cares about constitution anyways. Masses are well prepped to give the last shed of their rights and freedoms

Invoke the not-withstanding law.

Fine to leave but don't take these fools back into the country ... they made their choice ... cut up their passports and just say goodbye

There is no violation when you have a pandemic. Come on people. Let’s get this virus under control.

Constitution, Constitution, Constitution... people have fought in wars, so we can live. We are living in a “Pandemic” people. We are fighting war with something we can’t see. Stop crying about the constitution and your rights being violate it.

Got to love all the experts in the comments.

It’s also violates the constitution to bar me from visiting my family, yet here we are.

then don't try to ban it - just make it VERY difficult and expensive to return from vacation

It might, but get this, you could just not be a entitled jerk and not travel

🤬the Constitution during pandemic times

If the government can ignore the contract by which we gouvern our country then so can I. It's a 2 way street and ends with who ever has the bigger gun.

We also have the right to life in our constitution. Pick one!🙄💔

Well we already through away the charter of rights and freedoms...

What’s happening to Canada? Ignoring constitutional rights. Whats next?

You clowns are literally begging for a biometric/digital vaccination passport and don't even know it yet

Stay home, pay more tax, obey, obey

This is really fucked up, people screaming for absolute control over themselves by government.

Some co-citizens bypass the current inbound test rule as if it were a loophole for their entitlement. They've the wherewithal to get passports,visas,tickets,taxis,etc. but can't bother to get a test before returning! Proof of test or a 2-week quarantine hotel billed to you.

McGill expert tries to gloss over a clear and present violation? When it comes to the two solitudes, its not exactly a Quebec de souche institution, nor is it exactly a Canadian institution. More like a Deep State brain trust supported by billionaire globalist foundations.

geoff_buxcey RickMcConnell15 DrJacobsRad We have Been telling JustinTrudeau & BillBlair for 9 Months now. After 18800+👴🏻👩🏻👵🏻👦🏻 Canadian Deaths, he is Thinking.They Still get 2/10 Marks for the Poor💩 CovidCanada Response Since March Cdnpoli Bcpoli Onpoli Abpoli CP24👩🏻‍⚕️

Close the airports !!!! It’s got the good of all Canadians 🤷🏽‍♀️

Huh, almost like provinces asking for better measures at airports for months should of been done by now. Testing and ensure 14 quaratine is actual done vs finding out many ignore the 14 days upon return.

The constitution is supposed to be a check on government power, if the government can just ignore it then there’s no point to the constitution.

We might need to if people don't get three message when we ask nice for everybody to just stay home. The disease doesn't spread itself, you know.

A knee-jerk response by gov't to appease the masses and divert us from the vaccination failures. Gov't focus should be: test, trace & vaccinate. And prepare for the Royal Commission to study gov'ts' failures to protect LTCH residents in the pandemic.

This is a no brainer (hence why Justin hasn’t done it). The virus spreads one way, on people travelling. They banned peaceful assemblies and religious gatherings both of which are constitutionally protected. Any right can be suspended if reasonable and justifiable.

Was there a pandemic going on when the constitution was written. I'm so tired of hearing about it. We all need to give up a bit of freedom to get this virus under control.

Oh come on! Extraordinary times call for extraordinary measures!!! What is so hard to understand about this?

Non essential travel ban is unconstitutional for sure. It doesn't fit the SarsCoV2 pandemic contaiment either, only negible 0.2% of total cases are related to those travels, by report of Minister Blair. Not even 50 people. Quarantine should be enforceable though

New word order in place See American dollar for more information

So the people who are arguing it to be able to travel, they’re just expecting everyone else to behave in a way that eradicates them virus but they can do as they please ?

What’s a constitution anymore?

It is against the charter of rights and freedoms courts should not allow it. Why do people want their rights removed

Our 'Constitution' is basically a list of voidable suggestions, so I'm sure they will have cover to do whatever the bell they want with us.

What’s next? We are going to alter or ignore the constitution, what comes next? This set a dangerous precedent as this is a basic right and freedom. If they are successful at taking that away, just think what else they can take away. Really bad dangerous idea.

Who gets to decide what’s essential? I know of people who’ve missed weddings and funerals. And our manufacturing sector is feeling the pain of border closures. People can’t get across (even for work) but goods can. Our country will be destroyed. When has travel ever been banned

Why stop violating it now. It’s worthless at this pt.

Ban. All. Travel.

DO IT!!!!!!!!!

of course they will allow, the right to think 4 urself. control freaks

Here we go. Say goodbye to your rights and freedom. Until our overlords can guarantee this restriction won’t be misused and abused (and it will) I say fuck off.

Little by little we are losing a piece of who we are. This needs to be looked at carefully. At the moment, I am not even supposed to travel within my own province unless it is essential.

Our charter of rights has been trampled on for almost a year, you called anyone that said anything crazy antimaskers.

More proof we are not a free country and that should have everyone up in arms The following are the enemy of the people: Gov Police Media Judiciary Healthcare

Constitution? I guess people travelling leisurely is more important than dying from Covid🙄🙄🙄

Put it in place already!!!

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