Justice Centre Takes Legal Action on Behalf of Canadians Affected by Mandatory Hotel Quarantines and Travel Restrictions
Mandatory hotel quarantines and travel restrictions
by Justice Centre for Constitutional Freedoms
February 22, 2021
The Justice Centre has filed legal action in response to news that the Trudeau government will force Canadian residents into mandatory quarantine, in a hotel at their own expense, after returning from international travel.
The new mandatory quarantine takes effect February 22. Full details of the government’s plan can be reviewed here.
We first issued a news release outlining the situation, and then a legal demand letter to the Government demanding that they stop this practice immediately and release anyone they may be currently holding in federal facilities. Despite the pending litigation, the Trudeau government has decided to proceed with this forced confinement of travellers. The legal action will be heard in Federal Court.
Trudeau also announced all Canadian airlines had agreed to cancel all the flights to ‘sun and sand destinations’ until the end of April, including Mexico and the Caribbean.
“We all agree that now is just not the time to be flying,” Trudeau said.
However, not all Canadians agree. The Justice Centre has received thousands of emails since the federal government announced that Canadians returning to the country, regardless of their reason for travel, will be forced into mandatory quarantine, in a hotel at their own expense of $2000 for a three day stay.
Also, it should be noted that the new measures are being implemented under Transport Canada and the Aeronautics Act. There is still people being detained for not having any Covid tests under the Quarantine Act, which is a different issue. The government began requiring all people arriving in Canada by air to show a negative PCR-based Covid test in early January.
Prime Minister Justin Trudeau announced February 9 that anyone arriving at a land border with the U.S. after February 15 will be required to have taken a COVID-19 test 72 hours before seeking entry.
According to Global News, “lack of a negative test won’t necessarily prevent people from entering the country. Should Canadians or permanent residents not be able to provide that test result, they could face “severe penalties,” including fines of up to $3,000 per person. Trudeau said his government will also be implementing new measures to ensure “extensive follow up by Health Canada” to ensure they are getting tested and properly quarantining. “It’s not legal to refuse entry to a Canadian who wants to come home. That’s the major difference between land borders and air borders. You can prevent someone from boarding a flight in Miami or elsewhere, you can’t prevent someone standing at a land border crossing from coming into Canada, because technically they’re already on Canadian soil,” Trudeau said to reporters.” Starting Feb. 22, travellers entering Canada at the land border will also be required to take a COVID-19 molecular test on arrival as well as toward the end of their 14-day quarantine.
From what we know right now, if a Canadian citizen or permanent resident shows up at the land border without a negative test, officials cannot deny you entry as you are a Canadian citizen on homeland, and you will not be taken to a quarantine facility, however the federal government has stated travellers could be given tickets of up to $3000 per day. You will be required to go home and quarantine.
If you are detained or receive a ticket as a result of returning home, please contact the Justice Centre by filling out a case submission.
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