BREAKING: Justice Centre appeals constitutionality of quarantine hotels, case expedited due to ‘great public interest’

The Justice Centre brought a Motion forward on July 9, 2021, requesting that the Court expedite the hearing of the Appeal. Thousands of Canadians were impacted by these “oppressive measures every day,” said Justice Centre Staff Lawyer Sayeh Hassan, adding that an expedited hearing was necessary to ensure the effectiveness of the remedy sought. The freedom-orientated organization seeks a ruling that the trial judge erred in finding the federal government’s measures did not violate the Charter rights of Canadians.

The Federal Court of Appeal agreed with the Justice Centre on Wednesday for the appeal to move forward at a faster pace than an ordinary appeal due to great public interest surrounding the issue. They appeared in Federal Court on June 1–3 on behalf of Pastor Nicole Mathis and ten more clients: Barbara Spencer, Sabry Belhouchet, Blain Gowing, Dennis Ward, Reid Nehring, Cindy Crane, Denise Thomson, Norman Thomson, and Michel Lafontaine, and Steven Duesing, who are challenging the government’s policy of forcing returning Canadians into federally chosen quarantine hotels and quarantine facilities at their own expense.

The Justice Centre argued that these measures violated seven different sections of the Charter of Rights and Freedoms and that the infringements were not justified in a free and democratic society. Nine out of the original eleven clients agreed to move forward with the appeal.

On February 14, 2021, the Federal Government issued an Order-In-Council forcing international Canadian air travellers to be quarantined for three days in a federally mandated hotel at their own expense, while waiting for COVID PCR test results. If individuals tested negative, they were allowed to go home to complete the remainder of their 14-day quarantine. However, if they tested positive for COVID, they would have been directed to further confinement at another quarantine facility, to complete the remainder of their 14-day quarantine.

The Department of Public Safety said Canada sent more than 28,000 people to quarantine hotels at both public and personal expense. Cabinet to date has not detailed the cost of the program, though Supplementary Estimates tabled in Parliament put the expense of border measures at $225,556,596. Taxpayers paid the full cost of transport, room, board and medical care for hotel stay until February 22, 2021, when Cabinet charged costs directly to travellers under the Quarantine Act.

"Thousands of Canadians have been impacted by these oppressive measures over the past six months including many who have had to travel for reasons that were essential to them, such as attending funerals and obtaining urgent medical treatment," said Hassan: "Moving this appeal along at a rapid pace is in the public interest and an effective way of continuing to hold the Federal Government accountable."

She concluded: "Canadians have a fundamental right to move freely in and out of the country, and should not be detained at their own expense against their will because they have travelled."

The Justice Centre filed an appeal on June 30, 2021, at the Federal Court of Appeal after the June 18 decision of Chief Justice Paul Crampton which ruled that mandatory quarantine hotels and quarantine facilities are constitutional. The COVID hotel program ends on August 9.