Another developing case, meanwhile, is seeking damage awards related to the travel ban. A proposed class-action lawsuit filed in June on behalf of non-residents who own property in the province challenged the ban, arguing it is contrary to guaranteed charter mobility rights.
Lawyers for Taylor and the CCLA have argued that the exemptions were without merit or basis in law, and that the travel ban violated Section 6 of the Canadian Charter of Rights and Freedoms, which allows Canadians to move freely within the country.
It also argues that the government was negligent when introducing the ban because it ought to have known the law was unconstitutional and would cause damages to people in the suit. Ryan Cooke is a journalist in St. John's.
Until the Atlantic bubble opened, no travellers were allowed into the province without exemptions. Lawyers for Taylor and the CCLA have argued that the exemptions were without merit or basis in law, and that the travel ban violated Section 6 of the Canadian Charter of Rights and Freedoms, which allows Canadians to move freely within the country.
United States President Donald TrumpExecutive Order 13769, also called Protecting the Nation from Foreign Terrorist Entry into the United States, is an executive order signed by United States President Donald Trump on January 27, 2017. It limits travel to the United States from some countries and by all refugees.
First, Executive Order 13769 placed stringent restrictions on travel to the United States for citizens of Iran, Iraq, Libya, Somalia, Sudan, Syria, and Yemen. Following protests and legal challenges, a second order, Executive Order 13780, amended some provisions of the first order, and removed Iraq from the list.
Trump's stated reason for issuing the executive order was to prevent terrorism. An internal report compiled by the U.S. Department of Homeland Security Intelligence and Analysis Unit, however, concluded that people from the seven nations affected by the travel ban pose no increased terror risk.
Most non-U.S. citizens who were in those countries within the prior 14 days will not be allowed into the United States. This ban is scheduled to be lifted on December 31, 2021....Countries Facing COVID-19 Travel RestrictionsSouth Africa.Botswana.Zimbabwe.Namibia.Lesotho.Eswatini.Mozambique, and.Malawi.
Lawyers for the Newfoundland and Labrador Justice Department, Kim Taylor and the Canadian Civil Liberties Association were in court Tuesday to begin arguments in a legal challenge of the province's COVID-19 travel ban. (CBC)
Newfoundland and Labrador enacted special measures under the Public Health Protection and Promotion Act at the onset of the pandemic, which gives Chief Medical Officer of Health Dr. Janice Fitzgerald final say on a number of issues in the province.
"In 1775, the American revolutionary Patrick Henry declared 'Give me liberty, or give me death.'.
While Taylor's case was later reconsidered and she was granted an exemption by provincial officials, she said the decision came too late. The case is not seeking monetary damages, but a declaration that the measures are unconstitutional, Sullivan said.
Pseudonyms will no longer be permitted. By submitting a comment, you accept that CBC has the right to reproduce and publish that comment in whole or in part, in any manner CBC chooses. Please note that CBC does not endorse the opinions expressed in comments.
If the CCLA is not granted standing, it cannot bring forward its arguments — which would include a debate on whether police should be allowed to remove someone from the province if they are believed to be there without permission. "It's unconstitutional because there is no judicial oversight," Sullivan said.