Challenging Canada’s Mandatory Hotel Quarantine
Mandatory hotel quarantine has become a heated topic of debate in Canada since it was recently mandated pursuant to the Quarantine Act. The constitutionality of mandatory hotel quarantine has since been challenged. In recent weeks, many people wonder what will happen if they refuse to comply with the mandatory hotel quarantine and receive a fine instead.
A person’s failure to comply with the mandatory hotel quarantine will result in them receiving a provincial offences ticket, in accordance with section 58 of the Quarantine Act and an automatic fine of a minimum of $3,755. A person charged with this offence has 15 days to file an intention to dispute the ticket by selecting a hearing/trial option.
People question whether it is worth retaining counsel to fight the ticket or simply paying the fine. Since this legislation is very new and COVID-related travel restrictions are constantly being introduced, there is the potential that people found guilty of not complying with mandatory hotel quarantine will face increased restrictions when traveling in the future. And by paying the fine, one is essentially pleading guilty. Clearly, that would have profound impact on people who travel out of Canada frequently, thus making it necessary to retain the services of a lawyer who can challenge this offence.
In addition, the offence of not complying with mandatory hotel quarantine carries rather severe penalties, as set out in section 71 of the Quarantine Act:
Contravention
71 Every person who contravenes subsection 6(2), 8(1) or 34(2) or (3), section 36 or 38, subsection 42(1), section 45 or 50, subsection 54(3), section 58 or 59 or subsection 73(2) or the regulations is guilty of an offence and liable on summary conviction to a fine of not more than $750,000 or to imprisonment for a term of not more than six months, or to both. [Emphasis added]
The risk of conviction and facing such stringent penalties makes it necessary to seek professional legal assistance. A skilled and knowledgeable criminal defence lawyer can successfully challenge the constitutionality of the above-noted law and offence. The objective is to completely set aside the offence and ensuing penalty on the basis of breaches of the Canadian Charter of Rights and Freedoms.
