Christina Spicer  |  June 4, 2020

Category: Covid-19

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Couple sitting at airport regarding the COVID-19 travel ban class action lawsuit filed

Newfoundland and Labrador’s COVID-19 travel ban on seasonal residents has come under fire in a newly proposed class action lawsuit that alleges Canadian’s mobility rights.

Lead plaintiffs, Ontario couple Werner and Sharon Koehler, say that the travel ban violates Canada’s Charter of Rights and Freedoms. According to their St. John’s based lawyers, the provinces have gone outside of their jurisdiction by attempting to regulate the movement of Canadians between provinces.

“It would be in the province’s best interest to immediately rescind this special order and we call on our government to do so,” one of the plaintiffs’ lawyers told the Chronicle Herald. “Otherwise the government of Newfoundland and Labrador might be faced with damage awards in the multi-millions of dollars.”

Werner and Sharon reportedly own property in Bay Roberts, a town located on the shore of Conception Bay on the Avalon Peninsula and shared by both Newfoundland and Labrador. The town touts itself as family-friendly and usually boasts a bustling summer tourism season. However, the provinces’ decision to ban outsiders will change many of those plans.

The plaintiffs own a home, as well as an art gallery and shop in Bay Roberts. They say that they and many other seasonal residents who planned on living in the provinces will be unable under the COVID-19 travel ban. The couple claims that they would be willing to follow all public health mandates and isolate themselves if they were permitted to travel to their property in Bay Roberts.

According to the complaint, Newfoundland and Labrador’s COVID-19 travel ban, passed as Bill 38, effectively covers all except residents of the provinces, asymptomatic workers, and those with specific exemptions.

“Canadian citizens and permanent residents ordinarily resident elsewhere in Canada who wish to reside in the province at their property situate in the province of Newfoundland and Labrador appear to be outside the scope of these exceptions,” alleges the proposed COVID-19 travel ban class action lawsuit.

As a result, says the couple through their lawyer, they and other seasonal residents are suffering losses due to the travel ban.

According to the COVID-19 travel ban class action lawsuit, interprovincial travel is within the purview of the federal government, not the provinces. The complaint alleges that the provinces of Newfoundland and Labrador should have known this, but instead violated Canadian’s rights under the Charter of Rights and Freedoms when enacting their travel ban.

Premier Dwight Ball argued in a recent briefing that the travel ban was necessary to protect residents from the spread of the virus.Family putting on masks by car regarding the COVID-19 travel ban class action lawsuit filed

“This is put in place to protect Newfoundlanders and Labradorians, it’s not about shutting people out,” said Premier Ball. “Primarily, the biggest concern for us is stopping the spread of the virus.”

However, the lawyers for the plaintiffs say that the travel ban is not based in science. They also reportedly take issue with how the travel ban was implemented. According to CBC News, one of the lawyers asserted that the law is being applied inconsistently between seasonal residents, who are banned from traveling to the provinces, and residents who can travel to the provinces from any point of departure.

The proposed COVID-19 travel ban class action lawsuit seeks to represent Canadian citizens and permanent residents who have property in either Newfoundland and Labrador, but do not reside in the provinces and are restricted from access to their properties because of the COVID-19 travel ban.

This is the second class action lawsuit to be initiated over Newfoundland and Labrador’s COVID-19 travel ban. In May, an Alberta woman claimed that she was initially not permitted to travel to the provinces to attend her mother’s funeral, according to CBC News.

The woman said she applied for an exemption from the travel ban after the unexpected passing of her mother from non-COVID related causes. However, she was surprised when her application to travel to the funeral was denied.

“People who are grieving the loss of a loved one, such as a mother, father, sister, brother, a child, should not be subjected to this level of cruelty by a government entity,” the woman told CBC News reporters.

The Canadian Bar Association has reportedly sent a letter to party leaders in the provinces encouraging them to reconsider the law, which passed as Bill 38. The Bar Association, while noting that stopping the spread of the disease is crucial, says that the travel ban, particularly its enforcement, goes beyond the stated purposes of the law, according to the Chronicle Herald.

Are you a Canadian affected by Newfoundland and Labrador’s COVID-19 travel ban? Tell us your story in the comment section below!

The lead plaintiffs and proposed Class Members are represented by Geoff Budden and Bob Buckingham.

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5 thoughts onCOVID-19 Travel Ban Sparks Class Action Lawsuit Against Newfoundland and Labrador

  1. Joanne Roberts says:

    It’s just ridiculous. We have property in central NL. Go back every year for approx 2-4 months. Our parents are in retirement homes at 83, 86 and 88 yrs of age. Our complaint is that rotational workers can travel to Alberta, Canada in camps with 5000 men who hasn’t quarantine and fly back home on 2-3 flights and their only restrictions are not permitted in public buildings and safe distance, which is great. All we are asking is for the same restrictions. But our restrictions are isolate for 14 days. It should be the same as rotation worker if this virus is as deadly as they say.

  2. TERRY FAIRFAX says:

    My wife and I are building a log home on Birchy Lake.We had planned our 7th summer there until our travel exemption was denied. We have applied 3 times now. Two other couples we know have been granted access to there properties. We are able to self isolate for two weeks but have been givin no reason other than Ontario is a hot spot for Covid. We are very disappointed and worried about our property and other belongings that will be unattended for possibly two winters!

  3. Ruth Barnett says:

    I own a home in Newfoundland for the past 15 years and spend approx. 13 weeks there during the year, in different seasons. I pay my property taxes, shop local, engage in tourism/crafts, and support all things Newfoundland. I have a vehicle insured all year there, the ability to self-quarantine, and am extremely disappointed and frustrated that I can not attend my home in Canada without good reason. I am appalled that this is the position they are taking. It needs to stop and frankly is against the charter of rights.

  4. E Gelsumini says:

    We own a home and spend approx 7-8 weeks each summer and it has become an essential part of my spouses mental health recovery. We have the ability to quarantine in our remote location. We have a vehicle in the airport long term parking. Just want to be able to go to our home without feeling like pariahs

  5. Jennifer Croucher says:

    I have an aunt about to pass away from cancer, I can get a travel exemption but i still have to quarantine for 14 , missing what will be the funeral and unable to be there for my mother during the worst time of her life and will not get to say goodbye to my beloved aunt . I’m completely disgusted and broken hearted by this

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