The defendant, a Canadian citizen, returned to Canada by air during the COVID-19 pandemic and was charged under the Quarantine Act for failing to book a mandatory 3-day stay at a government-approved hotel and refusing to undergo a Day 1 COVID-19 molecular test at the airport.
The defendant raised a mistake of fact defence, arguing she believed she had complied with the entry requirements and that the additional requirements violated her Charter rights.
The court found that the prosecution proved the actus reus of the strict liability offences beyond a reasonable doubt.
The court rejected the mistake of fact defence, holding that the defendant's mistaken beliefs were actually mistakes of law, which is not a valid defence, and that her beliefs were not objectively reasonable.
The defendant was convicted of both offences.
