Supreme Court of Canada Rules on Pandemic Travel Restrictions
During the early days of the COVID-19 pandemic, Newfoundland and Labrador implemented a series of travel restrictions that effectively closed provincial borders to non-residents, except under very limited circumstances. This action led to a constitutional challenge by Kimberley Taylor. She was initially denied entry to the province to attend her mother’s burial. She was joined in the challenge by the Canadian Civil Liberties Association.
The Supreme Court of Canada has finally made a decision this past week, in a case called Taylor v. Newfoundland and Labrador. This case provides an important look at the limits of government power during a crisis. Although the travel rules have long since been repealed, the court’s majority decision serves as an important guideline for future government decisions of how our mobility rights function under the Charter.
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