Sinthia Hoque:-Not long ago the federal government announced a quarantine hotel policy in order to spread the spread of COVID-19 and its variants of concern, however recently The Canadian Constitution Foundation filed an injunction against the policy and lost its battle. They had asked for an injunction as they waited for the court to rule on whether the policy for incoming travellers is constitutional.
The foundation was working on behalf of five individuals who needed to leave for compassionate reasons, three of which wished to attend a dying parent.
“This was not the result we wanted today, but the court did recognize that the applicants in our challenge have sympathetic stories and that the constitutional questions need to be heard on the merits”, said Christine Van Geyn, the advocacy groups litigation director.
“The court also acknowledged that the applicants’ section 7 Charter liberty interests are engaged by the quarantine hotel policy”, said Christine.
In the legal application by The Canadian Constitution Foundation argues that the hotel Quarantine requirements are “overboard , arbitrary and grossly disproportionate”.
Justice Fredrick L. Myers had dismissed the injunction request and said applicants should not suffer irreparable harm in the few weeks leading up to a hearing on the constitutionality on the policy.
Myers said that his decision was based off of applications being upset and for being forced to spend money when they can also quarantine at home safely.
He argues that the public interest of preventing the spread of COVID-19 and its variants of concern outweighs the injunction that can temporarily suspend the order. An order, which is already set to expire on April 21st, 2021.
News and picture Source: CTV News