The COVID-19 pandemic marked the first time in history that Canadians were denied the ability to move across provincial borders.
Why This Is an Issue
We think this is unconstitutional.
Provinces with much higher population densities and COVID cases than Newfoundland have been effectively managing the COVID crisis without resorting to these extreme measures.
CCLA has taken the position that these emergency measures violate Charter-protected mobility rights.
On May 5, Kim, a Newfoundlander residing in Halifax received one of the toughest phone calls of her life. Her mother, whom Kim had visited every year and talked to on the phone every day, had passed away unexpectedly in Newfoundland. Kim knew about the emergency laws enacted the day before and sought an exemption. Kim had arranged to go to great lengths, including self-isolating at her parents’ house via a back-door entrance to the basement for 14 days. She had even arranged with the funeral director for her mother’s body to be held until Kim’s 14-day self-isolation was completed, at which point the funeral could be held. And she had already been working from home and following the social distancing guidelines of Halifax, Nova Scotia.
Kim initially did not receive a response from the government despite emailing and telephoning the number listed on the government’s COVID website. When she did, she was horrified to learn her request had been denied. Kim’s father would have to bury Kim’s mother, his wife of 55 years, without his daughter Kim.
Our Recent Work to Protect Mobility in Canada
April 2025: CCLA at the Supreme Court of Canada
On May 11, 2020, CCLA sent a letter to the Government of Newfoundland and Labrador stating our position that the interprovincial travel ban was unconstitutional for a number of reasons. We asked that they review the new measures put in place and offered our assistance in the process. The government eventually replied, dismissing our concerns.
On May 20, 2020, CCLA partnered with Kim to take the Newfoundland government to the province’s Supreme Court over the travel ban and other restrictive measures.
CCLA asked the Court to declare these measures in violation of s. 6 (mobility rights), as well as other Charter rights because they allow for various investigative steps including detention and removal of individuals from the province without due process. We argued that the law cannot be saved by s. 1, which says that limits on rights must be reasonable and demonstrably justified, but the restrictions on rights in this case are not. CCLA also asked that the travel ban be rescinded.
The province’s Supreme Court rendered a decision in September of 2020 and while the Court found that the travel ban violated the section 6 Charter right to mobility, it found it could be justified under section 1. CCLA pursued this case before the Newfoundland and Labrador Court of Appeal. In August 2023, the Court of Appeal declined to settle the merits of the appeal, finding that the issue was now moot since the pandemic was over and the travel ban had been lifted.
In April 2024, the Supreme Court of Canada granted CCLA and Taylor leave to appeal in this case. The case raises novel questions about the scope of mobility rights in Canada and the extent to which government can limit Canadians’ rights to move freely around the country.
On April 15-16, 2025, CCLA will be at the Supreme Court of Canada to argue that a public health crisis is not a magic wand which can justify any policy choice. Times of crisis are precisely when the civil liberties and fundamental freedoms that define our society are at greatest risk. Courts must fulfill their crucial role as guardians of people’s constitutional rights.
The Timeline
Materials & Documents
Decisions
- September 17, 2020
Decision - August 14, 2023
Court of Appeal Decision
Affidavits
- May 28, 2021
CCLA Affidavit
Applications, Briefs & Appeals
- October 20, 2020
Notice of Appeal — Taylor et al v HMQ - July 17, 2020
NL Government’s Brief - July 13, 2020
CCLA’s Brief - June 15, 2020
CCLA’s Factum - May 20, 2020
CCLA’s Application - July 24, 2024
CCLA’s Factum at the SCC - November 8, 2024
CCLA’s Reply Factum at the SCC
Letters & Press Releases
- April 22, 2021
CCLA Mobility Rights Ladder - September 17, 2020
Press Release - May 20, 2020
Press Release - May 15, 2020 –
Attorney General’s response to CCLA’s letter - May 11, 2020
CCLA’s letter to NL outlining our concerns
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