The Federal Court of Appeal said the Federal Court of Canada found no errors in the motion judge’s decision to dismiss a constitutional challenge to ArriveCan as moot. .This decision will be reviewed and an update will be provided in due course about potential next steps, according to a Thursday press release. .The Canadian government ordered unvaccinated Canadians or those who were vaccinated,but did not want to use ArriveCan, to undergo testing and do a mandatory quarantine upon returning to Canada effective 2021. .The Justice Centre for Constitutional Freedoms (JCCF) filed a lawsuit in the Federal Court of Canada on behalf of 11 Canadians who were fined for not using ArriveCan or were ordered to quarantine for 14 days after returning from abroad in August. .READ MORE: Justice Centre brings legal challenge against ArriveCan app.“The Justice Centre has heard from thousands of Canadians who have been negatively impacted by the federal government’s mandatory requirement to use ArriveCan,” said JCCF lawyer Eva Chipiuk. .“Thousands of law-abiding citizens have been fined egregiously simply for returning to their home country.”.The JCCF said the applicants in the constitutional challenge were Canadians who refused to disclose their vaccine status via the ArriveCan app, asserting privacy and constitutional rights..Many of them received fines of up to $8,500 and continue to face prosecution. .The Canadian government brought a motion to strike down the applicants’ cases soon after, as it had dropped ArriveCan. .A Federal Court judge dismissed the constitutional challenge in March, holding there were no live issues for it to consider. .The Federal Court of Appeal heard the appeal on June 13, where a request was made to review and overturn the decision not to consider the merits of the case due to mootness..Lawyers for the applicants argued a decision from the Federal Court would resolve the constitutional arguments clogging lower courts, where prosecutions of Canadians who did not use the app are proceeding across the country. .The JCCF filed a separate civil lawsuit on behalf of Canadians who were fined or forced into quarantine for refusing to disclose their vaccine status through ArriveCan in February. .READ MORE: Justice Centre to seek Charter damages against Canadian government for ArriveCan.“Privacy of Canadians is one of the fundamental rights which our Charter protects,” said JCCF lawyer Hatim Kheir. .The lawsuit alleges the Canadian government breached the applicants’ rights guaranteed under the Canadian Charter of Rights and Freedoms and owes them monetary damages as a result.
