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I was looking through the Canadian charter, and Section 6 piqued my interest. It states, in subsection 2, that

Every citizen of Canada and every person who has the status of a permanent resident of Canada has the right to pursue the gaining of a livelihood in any province.

Doesn't the arrivecan app (and subsequent forceful quarantine, and/or fine) infringe upon this right? Directly after the above subsection, it goes on to say, in subsection 3:

The rights specified in subsection (2) are subject to any laws or practices of general application in force in a province other than those that discriminate among persons primarily on the basis of province of present or previous residence

This to me seems to say that only provincial laws can override the aformentioned freedom. Since the arrivecan app is federally run, doesn't this mean that it is not legal?

It seems that the government only chooses to follow Section 6 subsection 1 of the charter

Every citizen of Canada has the right to enter, remain in and leave Canada.

by allowing the citizen to still enter if they refuse to use the arrivecan app; however, from what I understand, they breech it by forcing a quarantine and/or fine for not using it.

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  • Other things aside, "in force in a province" does not imply the law in question is made by the provincial legislature.
    – xngtng
    Commented Sep 9, 2022 at 9:58
  • Can you add in what the arrivecan app does?
    – quarague
    Commented Sep 9, 2022 at 12:35

1 Answer 1

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It is generally understood that governments do have the right to quarantine citizens in case of epidemic outbreaks. In nations with a rule of law, the extent of quarantine regulations may be challenged in court.

A challenge against the app has been filed, and trying to second-guess the court by reading sections of the constitution seems to be pointless.

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