Quarantine Hotel Injunction Request Dismissed by Ontario Court

Image: Quarantined during COVID-19. (Photo via iStock/Getty Images Plus/Manuel Tauber-Romieri)
Image: Quarantined during COVID-19. (Photo via iStock/Getty Images Plus/Manuel Tauber-Romieri)
by Jim Byers
Last updated: 12:15 PM ET, Mon March 22, 2021

The Superior Court of Ontario has dismissed the Canadian Constitution Foundation's request for an interim injunction against the Trudeau government's quarantine hotel program.

In a ruling issued today (March 22), Mr. Justice Frederick Myers said the evidence used by the federal government to create the program "is deeply rooted in science and comprehensive public policy development."

"The balance of convenience, including the public interest in preventing the spread of COVID-19 and, especially, its variants, overwhelmingly supports the refusal of injunctive relief at this time," he said in his written decision.

The Canadian Constitution Foundation (CCF) was seeking an interim injunction, which would have applied to five travellers who were arguing the quarantine plan infringes on their rights as Canadians. The injunction would have suspended the law until a larger hearing could be held on the merits of a CCF constitutional challenge.

Mr. Justice Myers dismissed the motion for an interim injunction, but the CCF said it will continue the fight.

"This was not the result we wanted today, but the court did recognize that the applicants in our challenge have sympathetic stories and that the constitutional questions need to be heard on the merits," said CCF Litigation Director, Christine Van Geyn. "The court also acknowledged that the applicants' section 7 Charter liberty interests are engaged by the quarantine hotel policy."

"We look forward to the hearing on the full constitutional question, and we are proud of the work were are doing assisting these travellers, who need to leave Canada for compassionate reasons," she said. "We will seek to expedite the hearing, as these travellers have urgent needs to go and be with their ailing loved ones outside of Canada."

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Jim Byers

Senior Editorial Director

Jim Byers was travel editor for five years at the Toronto Star, which has the largest travel section in North America. He has...

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