Jeffrey R. W. Rath

The applicants challenged the federal government's COVID-19 border measures for returning international air travellers, including the requirement to quarantine in a government-approved accommodation (GAA) or designated quarantine facility (DQF) while awaiting a Day 1 COVID-19 test result.

The applicants argued the measures violated their Charter rights, were ultra vires the Quarantine Act, and encroached on provincial jurisdiction.

The Federal Court dismissed the applications, finding no Charter violations except for two specific instances involving one applicant whose section 9 and 10(b) rights were breached during her transfer to a DQF.

The Court held the measures were a reasonable exercise of delegated authority under the Quarantine Act and within the federal government's jurisdiction over quarantine.

The federal government approved the construction of a winter road through Wood Buffalo National Park, which would traverse the traditional hunting and trapping grounds of the Mikisew Cree First Nation.

The Mikisew argued this infringed their rights under Treaty 8.

The Supreme Court of Canada held that while the Crown has a treaty right to 'take up' lands for purposes such as transportation, this right is subject to the honour of the Crown and the duty to consult.

The Court found that the Crown failed to adequately consult the Mikisew before approving the road, thereby breaching its duty.

The appeal was allowed and the Minister's approval was quashed.