The Supreme Court of Canada has ruled that COVID-19 travel restrictions imposed by the Government of Newfoundland and Labrador in 2020 were "reasonably justified" as infection numbers soared, lives were lost and little was known about the virus.
In a majority decision, the court acknowledged the restrictions violated mobility rights under Section 6 of the Canadian Charter of Rights and Freedoms but found the violation was justified under Section 1. The ruling upholds the province's temporary order to restrict entry by non-residents, except under exceptional circumstances.
The court called the measures "reasonable and justified in a free and democratic country during the pandemic," citing the province's vulnerable population and limited healthcare capacity. However, it acknowledged the restrictions "amounted to a limitation of freedoms" and emphasized governments must exercise caution with such measures.
Kim Taylor, the plaintiff, was barred from attending her mother's funeral in May 2020 due to the travel ban. She and the Canadian Civil Liberties Association argued the restrictions were unconstitutional. Anaïs Bussières McNicoll of the CCLA stated the ruling confirms interprovincial mobility rights but lamented the decision to justify the restrictions.
The court agreed all or part of Section 6 was violated but used Section 1 to justify the restrictions due to the "grave emergency." Newfoundland and Labrador's unique vulnerability to the pandemic and low medical capacity deemed the measures defensible.