Cabinet has the legal right to put travellers into quarantine hotels because Canada is in “times of war,” saysthe Federal Court chief justice..“Like in times of war and other crises, pandemics call for sacrifices to save lives and avoid broad-based suffering,” wrote Chief Justice Paul Crampton, in his decision last Friday..“If some are unwilling to make such sacrifices and engage in behaviour that poses a demonstrated risk to the health and safety of others, the principles of fundamental justice will not prevent the state from performing its essential function of protecting its citizens.”.Blacklock’s Reporter said 14 plaintiffs filed separate constitutional challenges of quarantine rules as a breach of Charter rights against arbitrary detention..Cabinet in a February 22 order under the Quarantine Act required air passengers including those who already tested COVID-free to prepay three nights’ stay at designated hotels with additional charges for meals, cleaning and pandemic tests on arrival in Canada, about $2,000 by federal estimate. Scofflaws face $3,000 fines or jail..“It is not unreasonable to require those who voluntarily assume travel-related risks to pay for costs associated with their port-of-entry quarantine, especially when they incur those risks in the face of repeated government advisories and even exhortations from their prime minister to avoid non-essential travel,” said Crampton..“The COVID-19 pandemic has wrought much death and suffering in Canada and abroad..“This has called for extraordinary measures from our governments as well as great sacrifices by one and all. Protecting us from the threat to our health and security is one of the most fundamental responsibilities of a state..“I have concluded the impugned measures do not contravene the Charter,” wrote Crampton, adding even stricter regulations could be imposed..“I consider the principles of fundamental justice would permit the imposition of stronger border control measures” including a longer quarantine period at the border, said Crampton, ..“Although their right to liberty is engaged, the deprivation of that right was in accordance with the principles of fundamental justice.”.Nearly $3 million in fines have been imposed to date on air travelers who refused to stay at pandemic hotels, by official estimate. Another 9,003 travelers were cited for failing to prove they had tested negative for COVID-19 immediately prior to arrival in Canada, including 4,583 drivers at land crossings..Costs of enforcement have not been detailed..Dave Naylor is the News Editor of the Western Standard.,dnaylor@westernstandardonline.com,.Twitter.com/nobby7694
