The Justice Centre for Constitutional Freedoms is disappointed with the Federal Court ruling Friday that found mandatory quarantine hotels at traveller’s expense are constitutional..The decision will be reviewed thoroughly with a view to appeal, said the JCCF..The Federal Court also found, however, the constitutional rights and freedoms of JCCF client Pastor 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. .Mathis, who lives in the Edmonton area, was forced against her will on January 28 into a federal quarantine facility and detained for three nights because her negative COVID-19 test was not accepted by Canadian Public Health officials. Calgary police officers refused to tell her worried husband, Pastor Chris Mathis, where his wife was being taken..The JCCF was in Federal Court June 1-3 on behalf of Pastor Mathis and 10 more clients to challenge the government’s policy of forcing Canadians into federally chosen quarantine hotels and facilities at their own expense. The JCCF argued these oppressive measures violated the plaintiff’s Charter rights to enter and leave Canada freely, to not be arbitrarily detained, to speak to counsel upon their detention, to be presumed innocent until proven guilty, and the right to contest their detention in court..On February 14, 2021, the feds issued an Order-In-Council forcing international Canadian air travelers to be quarantined for three days in a federally mandated hotel at their own expense, while waiting for COVID-18 PCR test results..If individuals test negative they can complete the remainder of their 14-day quarantine at home. However, a positive test result can lead to further confinement at another quarantine facility until the 14 days are completed..The new measures took effect on February 22. Since then, thousands of Canadians have been detained against their will in quarantine hotels and quarantine facilities, and thousands more have received large fines for refusing to be detained..“Never in post Charter history have law-abiding Canadians been detained en masse against their will, with no regard for the fundamental freedoms this country was founded on,” said JCCF Litigation Director Jay Cameron..“The Federal Courts finding these heavy-handed measures are constitutional is deeply concerning. Canadians continue to wait anxiously for the courts of the land to draw boundaries around the increasingly authoritarian measures of government regarding Covid. We are reviewing the decision carefully.”.The Western Standardrecently spoke with “Jen,” an Alberta woman who spent two days in a quarantine hotel in Calgary two weeks ago. Although she had the status for essential travel due to her business, a border guard decided because she had been in Montana for 10 days, she would be deemed non-essential, even though no specific time limit exists..“I work a lot. So I just thought, OK, this is gonna be nice. It’s a nice hotel room. They’re bringing me free food, I’m gonna hang out,” Jen said..“It was fine until I got my results. They were negative, and I still couldn’t leave. And it was then I felt imprisoned. Then I felt like I am now being held against my will. And yes, can I walk out? Absolutely. And risk being arrested and risk a fine. And normally I would say that’s fine, but my businesses are international. I can’t afford to cause an issue that won’t let me back into the country where my business is.”.Jen said one consolation of the “gong show” is that the government pays for the mandatory quarantine hotels, unlike its initial weeks of operation..“It is what it is. You must have a good attitude about it and laugh. I mean, it’s definitely laughable,” she said..Harding is a Western Standard correspondent based in Saskatchewan
