In a recent decision, the Supreme Court of Canada upheld the Covid-19 travel restrictions imposed by Newfoundland and Labrador government in 2020, deeming them justified given the surge in infections, fatalities, and limited knowledge about the virus at the time. Despite acknowledging that the restrictions infringed upon mobility rights under the Canadian Charter of Rights and Freedoms, the majority ruling found the violation was reasonable under the Charter’s provisions.
The ruling serves as validation for the province’s stringent response to the pandemic, including a temporary directive to limit entry for non-residents except in exceptional circumstances. The court emphasized that the unprecedented circumstances, coupled with healthcare system capacity and a high proportion of vulnerable populations, warranted the province’s actions.
The case, brought forth by Kim Taylor from Nova Scotia and supported by the Canadian Civil Liberties Association, challenged the constitutionality of the travel ban, citing instances such as Taylor being prevented from attending her mother’s funeral. While the outcome was not entirely as hoped, the decision was hailed as a win for mobility rights by Anaïs Bussières McNicoll of the CCLA, highlighting the importance of the constitutional right for citizens and permanent residents to move freely between provinces.
The Supreme Court’s ruling aligned with the initial judgment of the Newfoundland and Labrador Supreme Court, as the Court of Appeal declined to address the matter after the restrictions had been lifted. The matter was eventually heard by a panel of nine judges in April 2025, who determined that the province’s travel ban had breached certain provisions of Section 6 of the Charter. However, the government’s actions were deemed permissible under Section 1 of the Charter, considering the grave emergency situation faced by the province with its vulnerable population and limited healthcare capacity.
