The respondent, Meththa Fernando, appealed her conviction for failing to comply with an order under Section 58 of the Quarantine Act, specifically for refusing a random COVID-19 nasal swab test upon arrival at Pearson Airport.
The court found that Section 14(1) of the Quarantine Act prohibits screening technology that involves the entry of an instrument or foreign body into a traveller's body.
The nasal swab was deemed an "instrument" or "foreign body," and its insertion into the nasal cavity was considered an entry into the body.
Therefore, the screening officer's demand for the test was unlawful, rendering Ms. Fernando's refusal lawful.
The appeal was allowed, the conviction was reversed, and a finding of not guilty was entered.
