Justice Centre suing federal government over requirement for travellers to quarantine at designated hotels

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Prime Minister Justin Trudeau holds a COVID-19 news conference at Rideau Cottage in Ottawa on Tuesday, Feb. 2, 2021. Photo by Sean Kilpatrick/The Canadian Press

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Edmonton and area international travellers are part of a group now represented by The Justice Centre for Constitutional Freedoms suing the federal government for requiring them to quarantine at designated hotels at a cost of $2,000 per passenger.

Last week the federal government released more details on air travel restrictions for international travellers that come into effect on Feb. 22. Passengers entering the country must provide a COVID-19 molecular test before leaving the airport and another following a 14-day quarantine period. Passengers are also required to book a three-night stay in a government-designated hotel prior to departure.

Prime Minister Justin Trudeau, during the initial announcement of the restrictions in January, said the cost for travellers staying at government-supervised hotels would be $2,000 per person. Health Canada confirmed on Wednesday the costs for staying at a designated hotel include accommodation, transportation, cleaning, food, health professionals to conduct assessments and security. A detailed cost breakdown was not provided.

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Sayeh Hassan, a Toronto-based lawyer with the Justice Centre, said the restrictions violate the Canadian Charter of Rights and Freedoms.

“Any limitations that are put on our charter rights have to be justified by the government,” she said. “It has to be justified in a free and democratic society. The government hasn’t shown any evidence or any reason, any basis on why people can’t continue to quarantine at home and why they need to be quarantining in these facilities against their will.”

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Hassan said the lawsuit against the federal government is being finalized but they’re seeking a court ruling to determine that the restrictions do violate Canadians’ rights.

The lawsuit features complaints from 13 people, mostly Albertans, although Hassan added the Justice Centre has received thousands of similar complaints.

Edmonton resident Blain Gowing, one of the complainants mentioned in the lawsuit, travelled to Mexico with his wife on Jan. 16.

In a news release, the Justice Centre said the couple, who were both seniors, were concerned with “the alarming rise of COVID-19 in Alberta” and believed they would be safer in Mexico. However, at this point, Alberta’s active case count was actually trending downward.

The couple found themselves unable to travel back to Canada the same way they left after airlines cancelled flights to Mexico and the Caribbean countries in late January. The centre said that the Gowings also didn’t consent to be confined in a facility when they arrived back in Canada as they had negative test results and believed they could safely self-quarantine at home.

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Leduc resident Reid Nehring, another complainant named in the lawsuit, had a similar story. He travelled to Mexico on Dec. 26 under the previous travel restrictions but after flights to sun-kissed destinations were cancelled he was forced to make arrangements to fly through the United States in order to get back home.

Hassan said a number of the people involved in the lawsuit did travel for vacation purposes but the government hasn’t banned travel, only recommended against it.

“People travelled in good faith, they’re doing their PCR test, they have a quarantine plan, which is what was required when they left the country,” she said. “Now coming back, they’re faced with a completely different set of rules, which … they had no warning about when they left.”

jlabine@postmedia.com

Twitter.com/jefflabine

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