The Supreme Court of Canada has determined that the Covid-19 travel restrictions enforced by the Government of Newfoundland and Labrador in 2020 were deemed “reasonably justified” due to the escalating infection rates, loss of lives, and the limited understanding of the virus at that time.
In a decision released on Friday, the court recognized that the restrictions did infringe on mobility rights as per Section 6 of the Canadian Charter of Rights and Freedoms. However, the court concluded that this violation was justified under Section 1 of the Charter.
The ruling serves as validation for the province’s stringent response to the pandemic, including the temporary measures to limit entry for non-residents, except under exceptional circumstances.
The court stated, “Given the unprecedented circumstances, considering the healthcare system’s capacity and the high number of vulnerable populations, Newfoundland and Labrador was justified in its actions.”
While acknowledging that the travel restrictions imposed limitations on freedoms, the ruling emphasized the need for governments to exercise caution when implementing such measures. Nevertheless, it deemed Newfoundland and Labrador’s travel restrictions as a reasonable and necessary step in a democratic society dealing with the challenges of the Covid-19 pandemic.
The case was initiated by Kim Taylor from Nova Scotia and supported by the Canadian Civil Liberties Association, contending that the province’s travel ban was unconstitutional. Taylor was prevented from attending her mother’s funeral due to the restrictions.
Anaïs Bussières McNicoll of the Canadian Civil Liberties Association expressed disappointment with the outcome but acknowledged that the court’s decision upheld mobility rights. She emphasized the significance of citizens and permanent residents having the constitutional right to travel freely between provinces.
The Supreme Court’s ruling aligns with the initial decision of the Newfoundland and Labrador Supreme Court. The matter was not heard by the Court of Appeal as the travel restrictions had already been lifted, leaving the constitutional infringement unresolved.
Nine judges presided over the appeal at the Supreme Court of Canada in April 2025. Section 6 of the Charter guarantees Canadians the right to enter, stay, and leave the country, as well as the freedom to move and reside in any province.
The judges recognized that the province’s travel ban breached Section 6 of the Charter. However, the government’s actions were deemed permissible under Section 1 of the Charter, outlining the conditions under which rights and freedoms may be restricted.
The ruling emphasized the exceptional circumstances of the Covid-19 emergency, highlighting Newfoundland and Labrador’s vulnerabilities to the virus and its limited healthcare capacity.