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Home Canadian News

Federal government to face imminent lawsuit over unlawful confinement of Canadian travelers

by Nigerian Canadian Newspaper Canada
February 1, 2021
in Canadian News, COVID-19, Government & Politics
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The Justice Centre has announced that an instant lawsuit is about to be filed against the government of Trudeau over the announcement that Canadian residents will be subjected to compulsory quarantine, at their own expense, after coming back from international travel, irrespective of their negative COVID status.

These measures that the government put in place violates Canadian Charter of Rights and Freedoms which include the right to enter and exit Canada, the right to liberty and security of the individual, the right to not be arbitrarily imprisoned or detained, the right to retain legal counsel, and the right not to face cruel and unusual punishment.

In a letter forwarded to the Honourable Omar Alghabra, Minister of Transport, the Justice Centre slammed the Trudeau government for its violation of constitutional rights and freedoms of Canadians.

Also, the letter states that government’s arrest and detention of Canadians in this manner is illegal and unconstitutional, and requests the instant release of any Canadian being detained currently, allowing them to carry on with any important isolation protocol in their personal houses.

The legal warning letter read: “This is not China or Cuba, or Chile under Pinochet, or Spain under Franco, or theocratic Iran. We are not prepared to permit you and your government to turn Canada into a repressive replica of countries that have no respect for human rights and civil liberties.” 

Government Orders stipulte that, irrespective of a negative COVID test result, any individual coming into Canada must quarantine for 14 days upon arrival. As a matter of fact, they must tender a 14-day quarantine plan to an official of the government, which is subject to the official’s discretion. This discretion is subjective and without parameters.

The letter notifies Prime Minister Justin Trudeau’s government that quarantine that pertains to an individual that is healthy or asymptomatic is the equivalent of house arrest and will not be permitted to go unchallenged.

Jay Cameron, Litigation Director for the Justice Centre said: “We are deeply concerned with the federal government’s increasing disregard of the constitutional rights of Canadians. Citizens are being arrested at the airport and transported to federal isolation sites without recourse to a lawyer or the review of the courts even though these travelers are in possession of a negative PCR test. Families are telling us that their loved ones are being held at these sites and that government agents are refusing to say where those sites are. These travelers are perfectly capable of isolating at home instead of being imprisoned by the federal government.”

In the same vein, John Carpay, Justice Centre President, said: “There is no rational reason to incarcerate Canadians simply because they exercised their constitutional right to leave the country as protected by section 6 of the Charter.

“It is not rational to impose a 14-day quarantine upon asymptomatic individuals who are able to provide negative test results confirming their lack of infection. Moreover, the federal government has admitted it is well-aware that international air travel results in a negligible number of active cases.

“The federal government is on notice that if it does not immediately rescind these measures, and release the Canadians being held under illegal arrest in federal facilities, we will imminently commence legal proceedings.”

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