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

An early morning fire forced the evacuation of a Maple Ridge apartment building on Saturday, April 3 (Deborah Hampton/Special to The News)
City of Maple Ridge thanks volunteers for response to Easter weekend blaze

Emergency Support Services volunteers stepped up to help displaced residents

A partial image from the painting Kanaka Creek by Eric Hotz, which in the exhibit at the Pitt Meadows Art Gallery.
A Study of Nature exhibition opens at Pitt Meadows Art Gallery

Eric Hotz paintings feature familiar scenes from across the Lower Mainland

Shannon Belsito took this photo on Thursday morning, indicating the true arrival of spring. “Feeling the inspiring beauty and freshness of spring with these gorgeous magnolia blossoms near Kanaka Creek that just popped after the rain.” (Special to The News)
SHARE: Spring has arrived in all its splendor

Send us your photo showing how you view Maple Ridge or Pitt Meadows, and it could be featured soon.

A small memorial to Rich Goulet was started at Pitt Meadows Secondary after his recent death. (Neil Corbett/The News)
LETTER: Rename Pitt Meadows school gym in coach’s honour

Rich Goulet was considered one of the provinces best basketball coaches and died recently

Burnaby MLA Raj Chouhan presides as Speaker of the B.C. legislature, which opened it spring session April 12 with a speech from the throne. THE CANADIAN PRESS
B.C. NDP promises more health care spending, business support in 2021 budget

John Horgan government to ‘carefully return to balanced budgets’

Surrey RCMP are seeking the public's help to locate three puppies stolen from a South Surrey home on April 10. (Surrey RCMP photos)
Puppies stolen during weekend break-and-enter in South Surrey

Surrey RCMP seeking public’s assistance in locating three American Bulldog puppies

A lady wears a sticker given out after receiving a COVID-19 vaccine at a clinic in Richmond, B.C., Saturday, April 10, 2021. THE CANADIAN PRESS
B.C.’s COVID-19 case count slows after last week’s peak

3,219 new cases since Friday, 18 additional deaths

North Cowichan councillor Tek Manhas did not violate the municipality’s code of conduct by posting a sexist meme on Facebook, council concludes. (File photo)
B.C. municipality to take no action against councillor who posted sexist meme

Tek Manhas’s meme doesn’t violate North Cowichan council’s code of conduct, municipality concludes

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

Guinevere, lovingly referred to by Jackee Sullivan and her family as Gwenny, is in need of a gynecological surgery. The family is raising money to help offset the cost of the procedure. (Jackee Sullivan/Special to Langley Advance Times)
Langley lizard’s owners raise funds for gynecological surgery

The young reptile is scheduled for operation on Tuesday

—Image: contributed
Indoor wine tastings still allowed in B.C., not considered a ‘social gathering’

“Tasting is really just part of the retail experience. The analogy I use is you wouldn’t buy a pair of pants without trying them on.”

Mounties say they “corralled” four Ford Mustangs April 4 after an officer saw the muscle cars racing down 184 Street near 53 Avenue at about 10 p.m. (File Photo)
Mounties impound four Mustangs

Surrey RCMP say they seized four cars for street racing

A sign on a shop window indicates the store is closed in Ottawa, Monday March 23, 2020. The Canadian Federation of Independent Business is raising its estimate for the number of businesses that are considering the possibility of closing permanently. THE CANADIAN PRESS/Adrian Wyld
Small business struggling amid COVID-19 pandemic looks for aid in Liberals’ budget

President Dan Kelly said it is crucial to maintain programs to help businesses to the other side of the pandemic

Most Read