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OTTAWA — The Canadian Constitution Foundation (CCF) will be at the Supreme Court of Canada on April 15 and April 16 intervening in a case concerning the constitutional right to interprovincial travel within Canada. The hearing will be livestreamed by the Court here.

Taylor v. Canada arose after Nova Scotia resident Kimberley Taylor was initially denied permission to enter Newfoundland to attend her mother’s funeral in May 2020. Taylor claimed her fundamental right to move between provinces was being violated by the Newfoundland Chief Medical Officer of Health’s COVID-19 measures. Her challenge was dismissed by the Newfoundland Supreme Court, and the Newfoundland Court of Appeal declined to hear the case, deeming it moot. At the Supreme Court, the CCF will argue that Canadians have a constitutional right to interprovincial travel under sections 6(1) and 6(2)(a) of the Charter of Rights and Freedoms. 

“This case gives the Supreme Court an opportunity to confront the overreach of government power during the pandemic,” said CCF Litigation Director Christine Van Geyn. “The case will also determine the scope and source of the right to travel between provinces, and how this right is informed by the structure of Canada’s constitution. It is essential that the Court send a clear message that even in times of crisis, Canadians retained their fundamental constitutional rights.”

The CCF will be represented in this case by Jessica L. Kuredjian and Hardeep Dhaliwal of Cassels Brock & Blackwell LLP.