TORONTO: The Canadian Constitution Foundation (”CCF”) has been granted intervener status in an upcoming Supreme Court of Canada hearing about the constitutionality of Newfoundland and Labrador’s pandemic travel restrictions and whether Canadian citizens have a constitutionally-protected right to interprovincial travel.

The case Taylor v. Canada arises from a matter in which a woman residing in Nova Scotia, Kimberley Taylor, was initially denied permission to travel to Newfoundland in April 2020 to attend her mother’s funeral. Taylor challenged the constitutionality of the provincial law which the Chief Medical Officer relied upon to deny her request. Taylor’s challenge was dismissed by the Newfoundland Supreme Court, and the Newfoundland Court of Appeal declined to hear the case due to its supposed mootness.

At the Supreme Court of Canada, the CCF will submit that Canadians have a right to interprovincial travel under s. 6(1) or 6(2)(a) of the Charter. The CCF will draw the Court’s attention to other provisions of the Constitution which support this conclusion. For example, section 5 of the Charter requires an annual sitting of Parliament and requires MPs to travel to Ottawa, and section 38 of the Constitution Act, 1867 gives the Governor General the power to summon and call together the House of Commons.

CCF Executive Director Joanna Baron said: “a proper interpretation of s. 6(1) and s. 6(2)(a) of the Charter requires considering the context provided by other specific guaranteed rights.”      

“Reading the Constitution as a whole, it is clear that the framers of the Constitution intended to create a confederation that allowed citizens and permanent residents to travel, work, and participate in the electoral process throughout Canada, and that requires a constitutional right to travel simpliciter,” Baron added.

CCF Litigation Director Christine Van Geyn said: ”the hearing is an important opportunity for the Supreme Court to consider the legality of some of the most draconian measures taken during the pandemic, including Newfoundland and Labrador’s travel bans.”           

The CCF is represented by lawyers Jessica L. Kuredjian and Hardeep Dhaliwal of Cassels, Brock & Blackwell LLP.

The purpose of section 6 of the Charter is to provide Canadians with a fundamental right to interprovincial travel simpliciter, ensuring that they can move freely across the country without legal, psychological or discriminatory barriers,” said Kuredjian. “Pandemic or not, it is essential that the courts recognize and protect this right”.