Feb 26 • 11:00 UTC 🇨🇦 Canada National Post

Christine Van Geyn: Court rejects narrow take on mobility rights in pandemic travel case

The Supreme Court of Canada has ruled unanimously in the Taylor case that Canadians have the constitutional right to travel freely within their country, rejecting narrow interpretations of mobility rights that emerged during the COVID-19 pandemic.

In a landmark ruling, the Supreme Court of Canada addressed the critical issue of mobility rights amidst the COVID-19 pandemic in the case Taylor v. Newfoundland and Labrador. The unanimous decision confirmed that Canadians possess a fundamental right to move freely within their own country, clarifying a significant aspect of the Canadian Charter of Rights and Freedoms in light of substantial public health orders that restricted movement. The Court's ruling came after Kim Taylor, a Nova Scotia resident, was prevented from entering Newfoundland and Labrador to attend her mother's funeral, a situation brought about by travel restrictions from the province aimed at controlling the spread of the virus.

The case highlighted the tension between public health orders and individual rights, as Taylor was initially denied entry but later granted an exemption. With the backing of the Canadian Civil Liberties Association, she argued that the province's travel ban violated her mobility rights under section 6 of the Charter. The Supreme Court's decision serves not only as a victory for Taylor, but also establishes a strong precedent for the protection of mobility rights in Canada, reaffirming the importance of individual freedoms even during public health crises.

This ruling comes amid ongoing discussions in Canada regarding civil liberties and the balance between collective safety and personal freedoms. The implications of the Supreme Court's decision are profound, as it provides a crucial check on government powers exercised during emergencies, ensuring that fundamental rights are preserved. As the country emerges from pandemic restrictions, this case could influence future policies related to travel and public health, setting a standard that emphasizes constitutional rights over temporary governmental measures.

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