In response to the COVID 19 pandemic in 2020, the Chief Medical Officer of Health for Newfoundland and Labrador restricted travel into the province. In the same year, Kimberly Taylor’s mother passed away unexpectedly while living in Newfoundland. Ms. Taylor, who lives in Nova Scotia, applied for an exemption to attend her mother’s funeral. This application was denied.

Ms. Taylor argues that her mobility rights under section 6 of the Charter were violated by the travel restrictions. At trial, the judge found that the travel restrictions did infringe the Charter, specifically section 6(1), but that the infringement was justified under section 1 given the need to prevent the spread of COVID 19.

The BCCLA intervenes to argue that section 6 of the Charter does protect the right to move between and within provinces, but under section 6(2). Far from a mere technicality, recognizing this right under the proper provision would ensure that it applies to permanent residents, rather than only to Canadian citizens, and would also mean that individual communities – in particular Indigenous governments – could better control access to their lands. Both of these outcomes are necessary in order for Canada to comply with its obligations under international law.