The Canadian Civil Liberties Association is calling on the New Brunswick government to end its ongoing travel restrictions.
Association director Cara Zwibel sent a letter to Premier Blaine Higgs and Public Safety Minister Ted Flemming last week.
“In our view, the current rules unreasonably restrict mobility rights guaranteed to Canadians by the Constitution,” Zwibel wrote.
“Your government has not, and likely cannot, demonstrate that these measures are legally justified. They should be rescinded.”
Under the current rules, only residents and essential workers are allowed into the province, with some limited exceptions.
Zwibel said while they appreciate the measures are meant to protect public health, they also have significant implications for those in and outside the province.
CCLA said it has heard from people looking to enter the province for “compelling reasons” and who are willing to take all necessary precautions but have been denied.
In one instance, Zwibel said, a woman with an ailing elderly parent needs to make serious decisions about his future care.
She holds a legal power of attorney and needs to see him – in person – in order to make informed choices about the care he will need going forward,” Zwibel wrote. “She has already received one vaccine dose and is prepared to submit to testing and isolation requirements upon entering the province.”
Zwibel said self-isolation can be paired with testing requirements to mitigate risk, adding that completely excluding Canadians from the province is neither necessary nor proportionate.
“We believe the measures you have implemented are unconstitutional and that your decisions to exclude certain Canadians from the province would be found unreasonable by a court. We strongly urge you to reverse them.”
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