Federal & provincial governments’ COVID-19 measures are unconstitutional & unenforceable

Justin Trudeau’s minority government and provincial governments mandating/forcing Canadians to wear face masks or to self-isolate, or prevent or restrict Canadians from travelling between provinces/ territories are unconstitutional & unenforceable.

The authority of the Ministers of Health and all emergency orders under the Quarantine Act only apply to foreign travellers.

The Quarantine Act doesn’t grant the federal or provincial governments, the RCMP, municipal police forces, or gov paid personnel the authority to restrict or prevent Canadians from traveling from one province to another or to compel Canadians to self-isolate for 14 days. As stated on a number of gov websites the Quarantine Act only applied to individuals “entering Canada”.

“Federal quarantine applies for travellers entering Canada” Government of Canada Travel.gc.ca

Why all COVID-19 emergency orders don’t and can’t apply to Canadians living and travelling within Canada.

Section 9 of the Charter provides a guarantee against being arbitrarily detained or imprisoned. A self-isolation order is defined as detention or imprisonment “a suspension of the individual’s liberty interest by a significant physical or psychological restraint”

Section 7 of the Charter requires that laws or state actions that interfere with life, liberty and security of the person conform to the principles of fundamental justice — the basic principles that underlie our notions of justice and fair process (Charkaoui v. Canada (Citizenship and Immigration), [2007] 1 SCR 350 at paragraph 19).

Where state compulsions or prohibitions affect choices, s. 7 may be engaged. s. 7 of the Constitution of Canada includes the right to refuse medical treatment & the right to make “reasonable medical choices” without threat of criminal prosecution.

https://www.justice.gc.ca/eng/csj-sjc/rfc-dlc/ccrf-ccdl/check/art7.html

The Charter is the supreme law of the land. This means that it, normally, takes precedence over any federal or provincial law. That is, if any legislation, either provincial or federal, conflicts with the rights guaranteed in the Charter, it must be amended appropriately or it is likely to be struck down by the courts.

Section 52(1) of the Constitution Act, 1982 states that any law that is inconsistent with the provisions of the Constitution is of no force or effect. Statutes which conflict with the Constitution are invalid in the most radical sense; they do not become law. 

http://www.constitutional-law.net/index.php?option=com_content&view=article&id=22&Itemid=36