The Supreme Court of Canada has agreed to hear an appeal related to Newfoundland and Labrador’s decision to close its borders early in the COVID-19 pandemic.
The case, which was launched by Kim Taylor of Nova Scotia and backed by the Canadian Civil Liberties Association, claimed the province’s travel ban was unconstitutional.
Taylor was barred from travelling home to Newfoundland and Labrador on May 5, 2020, to attend her mother’s funeral.
It was dismissed in September 2020, and the province’s appeals court declined to hear Taylor’s appeal in 2022. The Supreme Court of Canada, however, announced on Thursday that it has granted the final appeal to proceed.
The province closed its borders to outside travellers on April 29, 2020.
Residents of Newfoundland and Labrador were allowed to come home, but anyone else wanting to come into the province would require approval from the office of Chief Medical Officer of Health Janice Fitzgerald.
Taylor’s lawyers argued these rules violated Section 6 of the Charter of Rights and Freedoms, which gives Canadians the right to travel freely across the country.
The province’s lawyers argued in response that the travel ban was covered by Section 1, which states the Charter is subject to “reasonable limits,” suggesting the pandemic was enough to overrule Canadian’s rights to travel freely.
Newfoundland and Labrador Supreme Court Justice Donald Burrage ruled the travel ban did violate Section 6 but agreed the province was within its reasonable limits.
The Newfoundland and Labrador Court of Appeal declined to hear the first appeal in 2023, stating it was moot due to the fact that the travel ban was no longer in place.
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