To contain the spread of COVID-19, the federal government has imposed a mandatory 14-day quarantine for individuals re-entering Canada, with certain exemptions in place.
After being denied an exemption from quarantine upon return from a short work-related visit in the United States, a Canadian citizen filed an application for judicial review of the quarantine order, coupled with a motion for an interlocutory injunction or stay. On November 12 in Monsanto v. Canada (Health)1, the Federal Court dismissed the applicant's motion.
The legislative backdrop
On October 30, 2020, the Governor-in-Council issued the seventh iteration of the order titled Minimizing the Risk of Exposure to COVID-19 in Canada Order (Mandatory Isolation)2 (the Order), as authorized under s. 58 of the Quarantine Act.3 Paragraph 3(1)(a) of the Order requires any person who enters Canada and who does not have signs and symptoms of COVID-19 to self-quarantine until the expiry of the 14-day period that begins on the day on which the person enters Canada.
The Order also provides for a number of exemptions to the mandatory quarantine. Paragraph 6(n) exempts persons from mandatory quarantine if they enter Canada:
to return to their habitual place of residence after carrying out an everyday function that, due to geographical constraints, necessarily involves entering the United States.
The facts
The applicant was a Mississauga resident who was a videographer employed by Rebel News Network Ltd., a Canadian...
