The Justice Centre for Constitutional Freedoms (JCCF) confirmed legal action will continue on behalf of 11 applicants who were directed to quarantine or fined for not using ArriveCan, despite the Canadian government eliminating it, effective Saturday. .“While we're pleased these arbitrary measures have been dropped, we will continue to zealously advocate for Canadians who had their constitutional rights violated by ArriveCAN,” said JCCF lawyer Eva Chipiuk, in a Tuesday press release..“Hundreds and possibly thousands of Canadians, including our clients, are still facing charges for not complying with the federal government’s travel requirements.” .The Canadian government said on Monday it would be dropping all COVID-19 restrictions at the border on Saturday. .READ MORE: Federal government ending border vaccine rules, mandatory ArriveCan use on October 1."Based on the data accumulated over the last few weeks, we are announcing the government of Canada will not renew the order in council that expires on September 30," said Health Minister Jean-Yves Duclos. .All travellers will no longer have to submit information through ArriveCan, provide proof of vaccination, undergo COVID-19 arrival testing, carry out home quarantines, monitor if they are developing symptoms, undergo health checks for travel on air and rail, or wear masks on planes and trains..The release said the JCCF’s legal action seeks to have the mandatory use of ArriveCan and 14-day home quarantine requirement declared unconstitutional. It said the notice of application has been filed, and a trial date is waiting to be set. .The release went on to say all applicants are facing fines from $5,000 to $10,000 for not complying with the Quarantine Act’s requirements. .The applicants in the lawsuit cited privacy concerns surrounding the mandatory use of ArriveCan and requiring personal medical information to be disclosed. ArriveCan suffered a major glitch in July, which resulted in 10,000 people being ordered to quarantine, despite uploading proof of vaccination. .Transport Minister Omar Alghabra said on August 30 ArriveCan improves efficiency. The Canada Border Services Agency said significant delays were caused by officers having to troubleshoot issues travellers had with ArriveCan. .“Privacy and mobility rights, specifically the freedom to enter and leave the country, is a hallmark of a free society, and we believe the government has not provided sufficient justification to warrant such an egregious breach of personal medical information,” said Chipiuk. .The JCCF filed a lawsuit in the Federal Court of Canada on behalf of the applicants who were fined for not using ArriveCan or were ordered to quarantine for 14 days after returning from abroad on August 24. .READ MORE: Justice Centre brings legal challenge against ArriveCan app.“The Justice Centre heard from thousands of Canadians who've been negatively impacted by the federal government’s mandatory requirement to use ArriveCan,” said Chipiuk. .“Thousands of law-abiding citizens have been fined egregiously simply for returning to their home country.”
