The Justice Centre for Constitutional Freedoms (JCCF) said it is disappointed the Federal Court of Appeal dismissed its appeal about quarantine hotels. .“In Spencer v Canada and Bexte v Canada, the court found that the appeal was moot and refused to hear it on the basis the orders mandating the hotel stays were no longer in effect, and that there was therefore no longer a ‘live controversy’ between the parties,” said the JCCF in a Tuesday statement. .The statement said the Federal Court of Appeal could have heard the appeal as a matter of public interest, despite there being a lack of live controversy between the parties, but it exercised its discretion to not hear it. .The JCCF said this decision is disappointing and concerning because “it permits government actions that severely violated Canadians’ Charter rights to go unaddressed because of the passage of time and the government’s choice to not continue those particular Charter violating actions.” It said this dismissal will “permit governments to continue with future unprecedented draconian measures against Canadians without judicial checks and balances.”.“There are instances such as these where Canadians cannot get their cases before the courts quickly enough before governments remove these measures in order for them to be properly adjudicated through the court system,” it said. .“Such a result is a grave injustice.”.The JCCF announced Monday the 11 Canadians who were forced into quarantine facilities at their own expense will appear before the Federal Court of Appeal on Tuesday. .READ MORE: Justice Centre to appear in court Tuesday to fight quarantine hotels decision.“The federal requirement to force returning Canadians into quarantine hotels was unscientific, unprecedented, and ought never to be repeated in this country,” said JCCF lawyer Allison Pejovic. .“To confine healthy Canadians into isolation facilities against their will was to treat them like criminals.”.The Federal Court of Canada ruled in 2021 mandatory quarantine hotels at a traveller’s expense were constitutional. .READ MORE: Judge declares quarantine hotels constitutional.The JCCF said the decision would be reviewed with a plan to appeal. .It was determined the constitutional rights and freedoms of client Nicole Mathis were unjustifiably infringed by authorities’ failures to inform her of her right to counsel upon detention and her and her family’s right to know the name and location of the designated quarantine facility she was being taken to.
