A person is seen in the window of a room at a government-authorized COVID-19 quarantine hotel in Richmond, B.C. on Sunday, February 28, 2021. THE CANADIAN PRESS/Darryl Dyck

Legal challenge launched against Canada’s federally mandated quarantine hotel policy

Group received approximately 5,000 letters of support or from people directly effected by the policy

A constitutional rights advocacy group is mounting a legal challenge to the federal government’s quarantine hotel policy, arguing it infringes on Canadians’ fundamental rights.

The Canadian Constitution Foundation has filed an application with Ontario’s Superior Court of Justice along with five individuals, seeking an end to the policy. The application names the Attorney General of Canada as the defendant.

A government order that went into effect on Feb. 14 mandates that anyone entering Canada from abroad must stay in a federally approved hotel for the first three nights of a 14-day quarantine.

“The biggest issue is that we have a fundamental right to enter Canada and this is a limit on that right and it’s not a justified limit,” said Christine Van Geyn, litigation director for the CCF. “There are so many alternatives that would be less infringing on rights.”

Travellers are expected to pay for their government-approved accommodations, which can cost hundreds of dollars per night. They may leave the hotels once a COVID-19 test taken at their point of entry comes back negative.

The Canadian Constitution Foundation argues in its legal application that hotel quarantine requirements are “overbroad, arbitrary and grossly disproportionate.”

The applicants are seeking an injunction to suspend the order, but are also asking to have the law struck down for infringing upon the constitutional rights of liberty, freedom from unreasonable detention, and the right to be free of cruel and unusual punishment.

The CCF is also seeking damages of $10,000. Van Geyn said the request for nominal damages is to cover off the costs of the five individual applicants for their hotel stays at approximately $2,000 per person.

“The focus is not on the money, the focus is on the ability for them to exercise their fundamental rights,” she said.

The CCF argues that the hotel policy detains people without COVID-19 symptoms who would be able to safely quarantine outside of government-approved accommodation at minimal or no expense.

A spokesperson for Health Canada and the Public Health Agency of Canada said that they were aware of the legal action and that the federal government intended to respond to the application.

When the order came into effect Van Geyn and the CCF asked for people impacted by the quarantine hotel policy to reach out to them. She said that the group received approximately 5,000 letters of support or from people directly effected by the policy.

Van Geyn said that the five individuals participating in the legal challenge were selected because they all had to travel out of Canada for compassionate reasons, in three cases attending to their parents in the final days of their lives.

She noted that Canada has an exemption to its quarantine policy for people entering the country for compassionate purposes, but not for residents who had to leave Canada for similar reasons.

“If you live in Florida and your mother breaks her hip and you need to come to Canada to help her … you can apply for an exemption and be granted one,” said Van Geyn. “But if the situation is reversed, if you live in Canada and your mother lives in Florida, you would still want to go and help her prepare for surgery and recover, but you are not eligible for an exemption when you return.

“It’s strange to me that the government is concerned about these compassionate travellers but only when you’re travelling in one direction.”

READ MORE: Long wait times, lack of options frustrate travellers booking hotel quarantines

John Chidley-Hill, The Canadian Press


Like us on Facebook and follow us on Twitter.

Want to support local journalism during the pandemic? Make a donation here.

Coronavirus

Get local stories you won't find anywhere else right to your inbox.
Sign up here

Just Posted

The Quesnel RCMP Detachment is one of seven northern police buildings which can now connect directly to Prince George for daily bail hearings. (Observer File Photo)
Bail hearings going virtual in B.C.’s north

A court pilot project will see virtual courtroom cameras set up in seven RCMP detatchments

FILE – Wet’suwet’en hereditary chiefs have agreed to sign a memorandum on rights and title with B.C. and Ottawa, but elected chiefs are demanding it be called off over lack of consultation. (Thom Barker photo)
Wet’suwet’en hereditary chiefs, Lake Babine Nation get provincial funding for land, title rights

Government says it’s a new, flexible model for future agreements between Canada, B.C. and First Nations.

The property on which a residential school (pictured) that was torn down years ago in Lower Post is to be the location of a cultural centre. (Indian Residential School History and Dialogue Centre photo)
Lower Post residential school building to be demolished, replaced with cultural centre

Project to be funded by federal and provincial governments, Daylu Dena Council

The Dease Lake Airport is receiving $11-million in upgrades funded by the province, Regional District of Kitimat-Stikine and mining companies. (British Columbia Aviation Council)
Major upgrades coming to Dease Lake Airport

Airport to receive $11-million from the province, regional district and mining companies

Dianna Plouffe, right, with Mayor Gladys Atrill in front of Town Hall following the announcement she will be the new CAO> (Facebook photo)
Director of corporate services named Smithers CAO

Dianna Plouffe replaces Alan Harris who is retiring at the end of April

Vancouver resident Beryl Pye was witness to a “concerning,” spontaneous dance party that spread throughout social groups at Kitsilano Beach on April 16. (Screen grab/Beryl Pye)
VIDEO: Dance party erupts at Vancouver’s Kitsilano Beach to the dismay of onlookers

‘It was a complete disregard for current COVID-19 public health orders,’ says Vancouver resident Beryl Pye

Each spring, the Okanagan Fest-of-Ale is held in Penticton. This year, as a result of the COVID-19 pandemic, the festival will not be held. However, beer is still available. How much do you know about this beverage? (pxfuel.com)
QUIZ: How much do you really know about beer?

Put your knowledge to the test with this short quiz

Lord Tweedsmuir’s Tremmel States-Jones jumps a player and the goal line to score a touchdown against the Kelowna Owls in 2019. The face of high school football, along with a majority of other high school sports, could significantly change if a new governance proposal is passed at the B.C. School Sports AGM May 1. (Malin Jordan)
Power struggle: New governance model proposed for B.C. high school sports

Most commissions are against the new model, but B.C. School Sports (BCSS) and its board is in favour

Cannabis bought in British Columbia (Ashley Wadhwani/Black Press Media)
Is it time to start thinking about greener ways to package cannabis?

Packaging suppliers are still figuring eco-friendly and affordable packaging options that fit the mandates of Cannabis Regulations

Pall Bearers carrying the coffin of the Duke of Edinburgh, followed by the Prince of Wales, left and Princess Anne, right, into St George’s Chapel for his funeral, at Windsor Castle, in Windsor, England, Saturday April 17, 2021. (Danny Lawson/Pool via AP)
Trudeau announces $200K donation to Duke of Edinburgh award as Prince Philip laid to rest

A tribute to the late prince’s ‘remarkable life and his selfless service,’ the Prime Minister said Saturday

B.C. homeowners are being urged to take steps to prepare for the possibility of a flood by moving equipment and other assets to higher ground. (J.R. Rardon)
‘Entire province faces risk’: B.C. citizens urged to prepare for above-average spring flooding

Larger-than-normal melting snowpack poses a threat to the province as warmer weather touches down

Vancouver-based Doubleview Gold Corp. is developing claims in an area north of Telegraph Creek that occupies an important place in Tahltan oral histories, said Chad Norman Day, president of the Tahltan Central Government. (THE CANADIAN PRESS/HO)
B.C. Indigenous nation opposes mineral exploration in culturally sensitive area

There’s “no way” the Tahltan would ever support a mine there, says Chad Norman Day, president of its central government

Stz’uminus Elder George Harris, Ladysmith Mayor Aaron Stone, and Stz’uminus Chief Roxanne Harris opened the ceremony. (Cole Schisler photo)
Symbolic red dresses rehung along B.C. highway after vandals tore them down

Leaders from Stz’uminus First Nation and the Town of Ladysmith hung new dresses on Sat. April 17

A Western toadlet crosses the centre line of Elk View Road in Chilliwack on Aug. 26, 2010. A tunnel underneath the road has since been installed to help them migrate cross the road. Saturday, April 24 is Save the Frogs Day. (Jenna Hauck/ Progress File)
Unofficial holidays: Here’s what people are celebrating for the week of April 18 to 24

Save the Frogs Day, Love Your Thighs Day and Scream Day are all coming up this week

Most Read