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Supreme Court Upholds N.L. Pandemic Travel Curbs as Justified, Expands Mobility-Rights Doctrine

The majority found the early COVID-19 emergency justified temporary limits under Section 1 given Newfoundland and Labrador's specific vulnerability.

Overview

  • The court held the 2020 entry restrictions infringed Charter Section 6 mobility rights but were a reasonable limit in a grave emergency.
  • Justices Andromache Karakatsanis and Sheilah Martin wrote for the majority, with nine judges hearing the case and issuing divided analyses.
  • The majority interpreted Section 6 broadly, stating citizens have a right to move throughout Canada, while a partial dissent located interprovincial mobility under Section 6(2).
  • The challenge stemmed from Kimberley Taylor’s initial denial to attend her mother’s funeral, later reversed, with support from the Canadian Civil Liberties Association.
  • Civil-liberties groups say the ruling clarifies how courts will assess government actions in future crises, setting guidance for public-health or other emergencies.