Dear Mr Brown,

I heard that Canadians could travel via plane to Canada. However, my friend told me that there is currently a vaccine mandate for travel. Can you advise me please?

-DD

Dear DD:

I will do my best to explain what may appear to be contradictory rights and limitations of those rights.

The federal government introduced the vaccine requirement to help boost vaccination rates and curb the spread of COVID-19. Canada’s vaccine mandate prevents unvaccinated Canadians from boarding a commercial plane or train in Canada to both domestic and international destinations.

Exceptions

However, there are exceptions such as:

• Unvaccinated Canadians returning home from abroad

• New permanent residents

• Those visiting for compassionate reasons

• Those using private planes.

Please note that these travellers would still have to comply with pre-arrival COVID-19 testing requirements.

Mobility rights

Canadian citizens, permanent residents, and people registered under the Indian Act have the right of entry to Canada and as such, can enter Canada whether vaccinated or not. The right is enshrined in the Charter of Rights of Freedoms, however the Government can, within reason, make returning home more difficult for unvaccinated travellers.

Those travellers face stricter entry requirements such as:

• Taking a COVID-19 test upon arrival

• Self-isolating for 14 days

• Taking a second test while in quarantine .

Sections 6(1) and 6(2) of the Charter state:

6. (1) Every citizen of Canada has the right to enter, remain in and leave Canada.

(2) Every citizen of Canada and every person who has the status of a permanent resident of Canada has the right: 1. to move to and take up residence in any province; and 2. to pursue the gaining of a livelihood in any province.

Therefore, an adult Canadian citizen cannot be forced to stay in Canada and cannot be ordered to return to Canada by the Canadian Government unless the Government can provide justification for its actions in a court of law.

The justification would be that infringement on mobility is a necessary step to fight the spread of COVID-19, which is a health and public safety goal based on documented research and best practices, which is reasonable and demonstrably justified in a free and democratic society.

Please visit JAMAICA2CANADA.COM for additional information on Canadian Permanent Residence programmes, including Express Entry, The Study & Work program, Visas or Appeals, etc.

Antonn Brown, BA, (Hons), LLB, MSc, RCIC, is an immigration counsel and an accredited Canadian education agent of JAMAICA2CANADA.COM — a Canadian immigration & education firm in Kingston. Send questions/comments to documents.jamaica2canada@gmail.com