On September 18, 2024 the Canadian Constitution Foundation announced it had been granted intervener status in an upcoming Supreme Court of Canada case on the constitutionality of Newfoundland and Labrador’s pandemic travel restrictions and whether Canadian citizens have a constitutionally-protected right to interprovincial travel. The case Taylor v. Canada arises from a matter in which a woman residing in Nova Scotia, Kimberley Taylor, was initially denied permission to travel to Newfoundland in April 2020 to attend her mother’s funeral. Taylor challenged the constitutionality of the provincial law which the Chief Medical Officer relied upon to deny her request.
This is an important case for the CCF. Mobility rights should never be taken for granted. For most of human history—and in many other countries to this day—state control over the movement of people within the geographical boundaries of a country are a very coercive power over basic individual agency. This is why the hard-earned right to live and move where one wants within their country should always be viewed as an essential characteristic of a democratic and free society such as Canada.
As said by our Executive Director, Joanna Baron “Reading the Constitution as a whole, it is clear that the framers of the Constitution intended to create a confederation that allowed citizens and permanent residents to travel, work, and participate in the electoral process throughout Canada, and that requires a constitutional right to travel simpliciter“
We are currently awaiting a hearing date.
Interprovincial travel case intervention (Taylor v. Canada)

CCF Launch: October 18, 2024
Jurisdiction: Supreme Court of Canada
Status: Ongoing
Next Key Date: TBD
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