The Supreme Court of Canada has determined that travel restrictions imposed by Newfoundland and Labrador during the 2020 COVID-19 surge were reasonably justified. In a majority decision, the court found that while the measures violated mobility rights under Section 6 of the Canadian Charter of Rights and Freedoms, the infringement met the criteria for justification under Section 1.
Court’s Key Findings
The ruling validates the province’s strict approach, which temporarily barred non-residents from entering except in exceptional cases. “These unprecedented circumstances, factoring in the capacity of their healthcare system and high volume of vulnerable populations, entitled Newfoundland and Labrador to act as it did,” the decision states. It further notes that such restrictions demand caution from governments but were appropriate amid the pandemic in a free and democratic society.
Case Background
Kim Taylor from Nova Scotia challenged the restrictions, arguing they were unconstitutional. She was prevented from returning home to attend her mother’s funeral. “People grieving the loss of a loved one, such as a mother, father, sister, brother, or child, should not face this level of cruelty from a government,” Taylor stated in May 2020. The Canadian Civil Liberties Association supported her claim.
The decision aligns with the initial Newfoundland and Labrador Supreme Court ruling. The province’s Court of Appeal declined to hear the case after restrictions ended, without addressing Charter issues. A nine-judge panel at the Supreme Court heard the appeal in April 2025.
Charter Analysis
Section 6 guarantees Canadians the right to enter, remain in, and leave the country, as well as move and reside in any province. The court confirmed the travel ban breached these rights. However, Section 1 allows limitations on rights during emergencies.
“While travel bans and other significant infringements on mobility will generally not be justifiable in a free and democratic society, this was a grave emergency,” the ruling explains. Newfoundland and Labrador’s population faced unique vulnerabilities to COVID-19, coupled with limited medical resources for widespread outbreaks. Eileen Taylor, Kim’s mother, passed away from natural causes on May 5, 2020.
