Jessica Kuredjian has been quoted in an article titled “Supreme Court Delivers Expansive View of Mobility Rights, But Says COVID-19 Rules Reasonable,” published by the Globe and Mail. The article looks at the recent decision in Canadian Civil Liberties Association, et al. v. His Majesty the King in Right of Newfoundland and Labrador, et al. from the Supreme Court of Canada (SCC).
This appeal asked the SCC to determine whether Canadians have a constitutionally protected right to interprovincial travel under section 6 of the Canadian Charter of Rights and Freedoms. Jessica and Hardeep Dhaliwal from Cassels appeared before the SCC on behalf of the Canadian Constitution (CCF).
The case involved an applicant who was denied entry into Newfoundland and Labrador during the early days of the COVID‑19 pandemic. At first instance, the Court held that the right to interprovincial mobility falls under section 6(1), which guarantees every Canadian citizen the right to “enter, remain in and leave Canada.” It found the travel restrictions infringed section 6(1) but upheld the limit as reasonable under section 1. The decision was appealed. The Newfoundland and Labrador government took the position that Canadians do not have a right to interprovincial travel, and the Newfoundland and Labrador Court of Appeal declined to hear the case, finding it moot because the restrictions had expired and the applicant had ultimately been allowed entry.
Jessica and Hardeep argued that both sections 6(1) and 6(2) confer an unrestricted right to interprovincial travel for Canadian citizens and permanent residents.
In the article from the Globe and Mail, Jessica notes that: “This is a great ruling – and an important one…. It’s a very human case. It’s a great example of where Charter rights impact the real rights of everyday citizens.”
You can read the full article here. (Subscription required.)
Jessica and Hardeep represented the Canadian Constitution Foundation on a pro bono basis. You can find a press release from the CCF here.