A new lawsuit has been filed against the federal government over the enforcement of the ArriveCan app for individuals entering or re-entering Canada throughout the pandemic.
The Justice Centre for Constitutional Freedoms (JCCF), a Canadian legal advocacy group, announced in a
press release on Feb. 7 that the lawsuit would be filed “on behalf of Canadians who were fined or forced into quarantine for refusing to disclose vaccination status via the federal government’s ArriveCAN software.”
The lawsuit alleges that the federal government breached the charter-protected rights of the plaintiffs, and that “they are owed monetary damages as a result,” said the release.
ArriveCan was initially launched in April 2020 and its use was mandatory for travellers entering Canada from July 2021 until
late September 2022. Through the app,
travellers had to disclose their travel plans, vaccination status, and quarantine plan.
JCCF says that some of the plaintiffs represented in the lawsuit were previously willing to disclose their vaccination status through ArriveCan, but had privacy concerns about their personal medical information being shared through the app with other federal departments, agencies, police forces, and even foreign countries.
“The Plaintiffs also share concerns with respect to having their vaccination status searched upon entry to Canada and being required to use software, in order to freely enter their own country without fine and quarantine,” JCCF wrote.
ArriveCan Lawsuits
The legal group says that one of the plaintiffs, a retired Ontarian named Joanne Walsh, alleges that her proof of vaccination document was rejected by Canadian border agents upon her return to the country after visiting the U.S. in the summer of 2022.Walsh alleges the border agents instead demanded that she use ArriveCan to disclose her vaccination status. She refused to do so and was given a ticket and ordered to quarantine for 14 days despite being fully vaccinated.
The Public Health Agency of Canada also allegedly sent agents to Walsh’s residence during her quarantine period to ensure she was complying with self-isolation regulations.
JCCF says its lawsuit will proceed in the Federal Court.
The challenge sought to have the government’s mandatory requirement for the app declared unconstitutional.
The
legal group said in September 2022 that its challenge would continue despite the federal government dropping the ArriveCan requirement for travellers in the same month.
The Canadian Press contributed to this report.
