Supreme Court Rules Newfoundland and Labrador Travel Ban Limited Charter Rights but Was Justified

The Supreme Court of Canada has ruled that Newfoundland and Labrador’s COVID-19 travel restrictions limited a resident’s mobility rights under the Charter, but found the limits were justified.

In a decision released Thursday, the court allowed the appeal in part in the case of Kimberley Taylor and the Canadian Civil Liberties Association v. His Majesty the King in Right of Newfoundland and Labrador and Janice Fitzgerald.

The ruling overturns a decision by the Court of Appeal of Newfoundland and Labrador that had dismissed the appeal as moot.

The case stemmed from pandemic-era travel restrictions imposed by the province’s Chief Medical Officer of Health, Dr. Janice Fitzgerald, which limited entry into Newfoundland and Labrador.

The Supreme Court found the restrictions limited appellant Kimberley Taylor’s mobility rights under Section 6(1) and (2) of the Canadian Charter of Rights and Freedoms. However, the court concluded the infringement was justified under Section 1 of the Charter, which allows reasonable limits on rights that can be demonstrably justified in a free and democratic society.

The court modified the original order of the application judge to reflect that the travel measures did limit Taylor’s mobility rights, while upholding the finding that the limits were constitutionally valid.

Chief Justice Richard Wagner and Justices Malcolm Rowe, Nicholas Kasirer and Mahmud Jamal dissented in part.