Interprovincial Travel Ban

On May 11, 2020, CCLA sent a letter to the Government of Newfoundland and Labrador stating our position that the interprovincial travel ban was unconstitutional for a number of reasons. We asked that they review the new measures put in place and offered our assistance in the process. The government eventually replied, dismissing our concerns.  

On May 20, 2020, CCLA partnered with Kim to take the Newfoundland government to the province’s Supreme Court over the travel ban and other restrictive measures.  

CCLA asked the Court to declare these measures in violation of s. 6 (mobility rights), as well as other Charter rights because they allow for various investigative steps including detention and removal of individuals from the province without due process. We argued that the law cannot be saved by s. 1, which says that limits on rights must be reasonable and demonstrably justified, but the restrictions on rights in this case are not. CCLA also asked that the travel ban be rescinded.  

The province’s Supreme Court rendered a decision in September of 2020 and while the Court found that the travel ban violated the section 6 Charter right to mobility, it found it could be justified under section 1. CCLA pursued this case before the Newfoundland and Labrador Court of Appeal. In August 2023, the Court of Appeal declined to settle the merits of the appeal, finding that the issue was now moot since the pandemic was over and the travel ban had been lifted.

In April 2024, the Supreme Court of Canada granted CCLA and Taylor leave to appeal in this case. The case raises novel questions about the scope of mobility rights in Canada and the extent to which government can limit Canadians’ rights to move freely around the country.  

On April 15-16, 2025, CCLA will be at the Supreme Court of Canada to argue that a public health crisis is not a magic wand which can justify any policy choice. Times of crisis are precisely when the civil liberties and fundamental freedoms that define our society are at greatest risk. Courts must fulfill their crucial role as guardians of people’s constitutional rights.