ArriveCAN charges dropped, shielding the controversial program from constitutional scrutiny

MISSISSAUGA, ON: The Justice Centre for Constitutional Freedoms announces that City of Mississauga prosecutors have withdrawn five charges against four Canadians who refused to comply with ArriveCAN requirements at the Toronto Pearson International Airport.

The withdrawn charges include those against Elim Sly-Hooton of British Columbia. After arriving in Toronto from the Netherlands, Mr. Sly-Hooton felt that his personal medical information should remain private and chose not to disclose his vaccination status via ArriveCAN. In response, Peel Regional Police and Public Health Agency of Canada personnel detained him. Under pressure and without counsel, Mr. Sly-Hooton broke down and revealed his vaccination status. He received a $5,000 ticket for violating the Quarantine Act and was ordered to quarantine in his home for 14 days.

With help from the Justice Centre, Mr. Sly-Hooton launched a constitutional challenge against ArriveCAN, citing his right to liberty, his right to be protected from unreasonable search and seizure, his right to be free from arbitrary arrest and detention, and his right to counsel after arrest and detention – all protected by the Canadian Charter of Rights and Freedoms.

Prosecutors also withdrew tickets against Mark Spence, Aaron Grubb, and Evan Kraayenbrink. Like Mr. Sly-Hooton, each were charged for choosing not to provide information via ArriveCAN and were ordered to quarantine for 14 days. Prosecutors have withdrawn the charges because they believe it is not in the public interest to expend further resources on a trial. This outcome follows a similar pattern of ArriveCAN-related charges being dropped before their trials in what appears to be an attempt to shield the controversial program from constitutional scrutiny. In other words, charges are being dropped before the merits of constitutional challenges to ArriveCAN can be heard by the courts.

Beside the constitutional question, ArriveCAN has been dogged by bad publicity since its implementation. Canada Border Services Agency launched ArriveCAN in April 2020 in response to the World Health Organization’s declaration of a global pandemic. Since then, ArriveCAN has cost Canadians an estimated $59.5 million (not counting in-house costs), according to the Auditor General of Canada in her February 12, 2024 performance audit report.

ArriveCAN was mandatory for all air, land, and marine travellers between November 2021 and October 2022. During that time, the program erroneously ordered 10,000 Canadians to quarantine in a significant breach of the Privacy Act, according to a 2023 report from the Office of the Privacy Commissioner of Canada. The program violated many of the rights and freedoms protected by the Canadian Charter of Rights and Freedoms.

Lawyer Chris Fleury stated, “This outcome is bittersweet for each of our clients. It is positive for each of them personally. On the other hand, they were deeply interested in seeking a determination of the constitutionality of the irrational and unscientific decision forcing unvaccinated Canadians to quarantine. The federal government has again escaped accountability for Covid policy decisions that breached Canadians’ Charter rights.”