Ottawa, ON (unceded Algonquin Anishinaabeg traditional territory) – The BC Civil Liberties Association (BCCLA) welcomes today’s historic decision of the Supreme Court of Canada in Taylor v. Newfoundland and Labrador. In a case involving COVID-19 travel restrictions, Canada’s top court has, for the first time ever, recognized a constitutional right to move freely inside the country for any purpose.

In response to the COVID-19 pandemic in 2020, Newfoundland and Labrador restricted travel into the province. Ms. Taylor, who lives in Nova Scotia, applied for an exemption to attend her mother’s burial. This application was initially denied, and then finally approved after a second request but not before the burial had taken place. Ms. Taylor argued that her mobility rights under section 6 of the Charter were violated by the travel restrictions.

BCCLA intervened to argue that the Charter protects our right to move between and within provinces, not just to reside or work, but for any reason. And this right should not just belong to citizens, but to permanent residents as well. Both outcomes are necessary in order for Canada to comply with its obligations under international law.

In its first case to consider this issue, the Majority of the Court agreed, finding that section 6 of the Charter must include the ancient right to freedom of movement within one’s own country. The Court held that the travel restrictions in this case did infringe Ms. Taylor’s rights. However, the restrictions were justified under section 1 of the Charter given the context of a global pandemic.

“The right to move freely within your country is critical to any democracy. Fundamental freedoms such as the rights to liberty, assembly and association would all be undermined without freedom of movement. This decision is a historic victory for civil liberties in Canada.”
-Vibert Jack, Litigation Director