OTTAWA —
A constitutional rights advocacy group is mounting a legal challenge to the federal government’s quarantine hotel policy, arguing it infringes on Canadians’ fundamental rights.
The Canadian Constitution Foundation has filed an application with Ontario’s Superior Court of Justice along with five individuals, seeking an end to the policy. The application names the Attorney General of Canada as the defendant.
A government order that went into effect on Feb. 14 mandates that anyone entering Canada from abroad must stay in a federally approved hotel for the first three nights of a 14-day quarantine.
“The biggest issue is that we have a fundamental right to enter Canada and this is a limit on that right and it’s not a justified limit,” said Christine Van Geyn, litigation director for the CCF. “There are so many alternatives that would be less infringing on rights.”
Travellers are expected to pay for their government-approved accommodations, which can cost hundreds of dollars per night. They may leave the hotels once a COVID-19 test taken at their point of entry comes back negative.
The Canadian Constitution Foundation argues in its legal application that hotel quarantine requirements are “overbroad, arbitrary and grossly disproportionate.”
The applicants are seeking an injunction to suspend the order, but are also asking to have the law struck down for infringing upon the constitutional rights of liberty, freedom from unreasonable detention, and the right to be free of cruel and unusual punishment.
The CCF is also seeking damages of $10,000. Van Geyn said the request for nominal damages is to cover off the costs of the five individual applicants for their hotel stays at approximately $2,000 per person.
“The focus is not on the money, the focus is on the ability for them to exercise their fundamental rights,” she said.
The CCF argues that the hotel policy detains people without COVID-19 symptoms who would be able to safely quarantine outside of government-approved accommodation at minimal or no expense.
A spokesperson for Health Canada and the Public Health Agency of Canada said that they were aware of the legal action and that the federal government intended to respond to the application.
When the order came into effect Van Geyn and the CCF asked for people impacted by the quarantine hotel policy to reach out to them. She said that the group received approximately 5,000 letters of support or from people directly effected by the policy.
Van Geyn said that the five individuals participating in the legal challenge were selected because they all had to travel out of Canada for compassionate reasons, in three cases attending to their parents in the final days of their lives.
She noted that Canada has an exemption to its quarantine policy for people entering the country for compassionate purposes, but not for residents who had to leave Canada for similar reasons.
“If you live in Florida and your mother breaks her hip and you need to come to Canada to help her … you can apply for an exemption and be granted one,” said Van Geyn. “But if the situation is reversed, if you live in Canada and your mother lives in Florida, you would still want to go and help her prepare for surgery and recover, but you are not eligible for an exemption when you return.
“It’s strange to me that the government is concerned about these compassionate travellers but only when you’re travelling in one direction.”
This report by The Canadian Press was first published March 9, 2021.
HALIFAX – An energy firm based in Ireland says it is planning to produce aviation fuel using about 700,000 tonnes of wood biomass annually.
Simply Blue Group announced today that construction would begin in 2026 with the bio fuel project expected to be operating by 2029 in Goldboro, N.S., about 165 kilometres northeast of Halifax.
The company says it has secured about 305 hectares of land for development, including 108 hectares previously owned by Pieridae — which had planned to build an LNG plant at the site — and 198 hectares owned by the Municipality of the District of Guysborough.
Based in Cork, Ireland, the company says its aviation fuel performs like conventional jet fuel but reduces greenhouse gases by “approximately 90 per cent.”
Simply Blue says that every year the project will source about 700,000 tonnes of biomass from Wagner Forest NS Ltd. to produce 150,000 tonnes of the fuel.
Tory Rushton, the province’s natural resources minister, issued a statement saying the plant could represent a new market for the province’s forestry sector.
This report by The Canadian Press was first published Sept. 13, 2024.
FREDERICTON – New Brunswick RCMP are disputing claims that the recent shooting death of an Indigenous man in mental distress happened during a police wellness check.
Assistant commissioner DeAnna Hill, commander of the New Brunswick RCMP, says that information is inaccurate.
On Monday, the RCMP said two officers responded to a report of an armed man in mental distress at a home in the Elsipogtog First Nation, where one Mountie shot the man after the other failed to subdue him with a stun gun.
Erin Nauss, director of the Serious Incident Response Team, says she understands the initial interaction on Sunday was not what the RCMP would call a wellness check, but she says the police oversight agency will conduct an investigation to “determine all of the facts.”
Meanwhile, a statement from an Indigenous group that works with the RCMP said they weren’t told about the deadly incident until it was too late, and the group described the Mounties’ initial role at the scene as a wellness check.
As well, New Brunswick Liberal Leader Susan Holt has described what happened as a wellness check gone wrong.
This report by The Canadian Press was first published Sept. 13, 2024.
HALIFAX – RCMP are expected to provide an update today on their investigation into the suspicious disappearance of a 55-year-old Nova Scotia woman.
Esther Jones was reported missing on Labour Day, and the RCMP’s major crime unit is now involved in the case.
According to police, Jones was last seen on Aug. 31 in Kingston, N.S., and family members reported her missing Sept. 2.
Two days later, officers found Jones’s vehicle, a silver 2009 Volkswagen Passat, abandoned in nearby Greenwood, N.S.
Jones is described as five-feet-four with a slim build, and she has brown, greying, shoulder-length hair and hazel eyes.
She may have been wearing a black T-shirt with ties on the shoulders, a black and floral below-the-knee skirt, and sunglasses with mirrored lenses when she was last seen.
This report by The Canadian Press was first published Sept. 13, 2024.
