Media Advisory: Mobility rights at stake in Supreme Court of Canada case

April 14, 2025

WHAT:  BCCLA at Supreme Court of Canada to intervene in Canadian Civil Liberties Association, et al. v. Newfoundland and Labrador, et al

WHEN: April 15 and 16, 2025, at 9:30 am EST/ 6:30 am PST

WHERE: Supreme Court of Canada

Ottawa, ON (unceded Anishinabe Algonquin Territory) – The BC Civil Liberties Association (BCCLA) is intervening at the Supreme Court of Canada in Canadian Civil Liberties Association, et al. v. Newfoundland and Labrador, et al. This case will decide the constitutional limits to travel restrictions between provinces.

In response to the COVID 19 pandemic in 2020, Newfoundland and Labrador restricted travel into the province. Ms. Taylor, who lives in Nova Scotia, applied for an exemption to attend her mother’s funeral. This application was denied. Ms. Taylor argues that her mobility rights under section 6 of the Charter were violated by the travel restrictions.

BCCLA intervenes to argue that section 6 of the Charter protects the right to move between provinces, as well as within them. These rights should be enjoyed not just by citizens, but also by permanent residents. Individual communities – in particular Indigenous governments – should have control over access to their land. Both outcomes are necessary in order for Canada to comply with its obligations under international law.

Vibert Jack, Litigation Director for the BCCLA, says:

“The right to move freely within Canada is an underappreciated and underdeveloped part of the Charter. It’s critical for the Court to strike a delicate balance between government obligations to address public emergencies, the need for communities to maintain their own safety, and the rights of individuals to make fundamental choices about where and how to live their lives.”

BCCLA is represented by Emily MacKinnon and Emily Wang of Osler, Hoskin & Harcourt LLP.

BCCLA’s case summary and factum are available here.

NT5