On a mootness appeal arising from pandemic-era entry restrictions, the Court exercised discretion to decide the constitutional questions on the merits.
The Court held that mobility rights under s. 6 of the Charter protect movement across provincial borders and that the challenged travel restrictions limited rights under s. 6(1) and s. 6(2).
Applying the Oakes framework, the Court found the limitations justified under s. 1 in the circumstances of a grave public health emergency.
The appeal was allowed in part, the mootness dismissal was set aside, and the lower court order was modified accordingly.
