Is Canada's new quarantine order legal?
The government of Canada doesn't seem to know
This morning, Prime Minister Justin Trudeau announced draconian new limitations on persons entering Canada during the pandemic. When asked if they were legal, his spokespeople were unable to answer.
“As soon as possible in the coming weeks,” all persons entering Canada will be required to take a “COVID-19 molecular test” and check-in to a government-designated hotel for at least three days, at their own expense. [i]
For air travelers, this arrival test is in addition to the already existing requirement to present a negative COVID-19 PCR test-result prior to boarding an aircraft destined to Canada. A pre-arrival negative COVID-19 test will also soon be required for persons arriving at a Canadian port of entry by land.
I applaud the government finally taking steps to require COVID-19 tests on arrival. This only makes sense. But, I had some questions about the prime minister’s announcement, so I asked his office.
They, unsurprisingly, fobbed me off onto the health minister’s office.
I asked the government three questions:
1. What is the legal foundation that empowers government to force a private citizen to pay for her/his own detention? i.e. Why does government think it is legal to require quarantined persons to pay for their own detention in a hotel at the government’s sole discretion?
2. What happens if a returning citizen/traveller cannot afford to pay for a hotel as demanded by the government? What will the government do?
3. Why didn’t the government mandate the use of 15-minute rapid tests at border points, instead of the more costly, labour-intensive and time-consuming PCR tests?
They don’t know the answers.
Six hours later, a government spokesperson confessed they didn’t know the answers to my questions. Instead, he promised “the Government of Canada will provide further details in the coming days on these new measures for testing and quarantine requirements, as well as the travel restrictions.”
Not very comforting.
Taken at face value, it seems the government has announced a draconian new requirement for travellers to quarantine in a government-designated hotel for three days – at a cost of “at least $2,000” according to Trudeau – but has no idea whether their plan is legal.
Where does that cost figure come from? You can spend three nights in pretty swish luxury at the Four Seasons in Toronto for less than two grand. Who owns these hotels the government will designate? Where does that money go? Maybe we’ll find out “in the coming days.”
I really hoped the Trudeau government would have done its homework to at least discover if its plan was legal. It had time. After all, Trudeau has been hinting that he would introduce drastic new measures “without warning,” for weeks.
Canada’s Quarantine Act doesn’t allow user-pay detention
The Quarantine Act explicitly gives the government the power to test and segregate persons entering the country who may have a communicable disease. Or, anywhere, in the event of an outbreak. And, to establish Screening Officers and Quarantine Officers to undertake that work. And, to create places of quarantine. And, to order the detention of individuals in quarantine until they are “disinfested.”
But, nowhere in the Quarantine Act does it say a person ordered into detention must pay for his own detention. That’s a stretch.
So, what if someone doesn’t want to – or cannot – pay for their own detention?
Do government Quarantine Officers say, “Aw shucks, you got me! Welcome to Canada, have a pleasant stay?”
Or, do they get tossed into jail?
And who pays for that?
SOURCES:
[i] https://www.canada.ca/en/transport-canada/news/2021/01/government-of-canada-introduces-further-restrictions-on-international-travel.html