Question
1. To help combat the spread of Covid - 19, the British Columbia (BC) government thinks one of the keys to success (aside from social
1. To help combat the spread of Covid - 19, the British Columbia (BC) government thinks one of the keys to success (aside from social distancing, hand-washing and mask-wearing) is to prevent people from travelling to BC from other locations with higher levels of Covid - 19 infection. The BC provincial government is pleased that the federal government has closed down the Canada-USA border, but is still concerned about people travelling to BC from other provinces in Canada.Therefore, the BC legislature has created the Inter-Provincial Travel Ban Act (IPTBA).This legislation specifies that no one from any other province is permitted to enter BC until the pandemic is over - which will be declared by public health officials when the time comes.
Harry Holiday and his family live in the province of Alberta. They had booked a ski vacation in Whistler, BC that they were very excited about.Harry drove by car with his family from Calgary to the Alberta-BC border. At the border, Harry was surprised to be stopped by the newly formed "BC Public Health Patrol".One of the patrol members, Lonnie Friendly, told Harry (from a safe distance of course) that he could not enter BC.Harry Holiday was very angry about his spoiled holiday plans, but was forced to turn back and go home since the road into BC was blocked.When he returned to Calgary, Harry hired a lawyer who told Harry that his and his family's Constitutional (Charter) rights may have been violated by the IPTBA.
Do you think the BC government violated Harry's rights under the Canadian Charter of Rights and Freedoms?If there was a Charter violation, could the federal government legislation still be "saved" under section 1 of the Charter?What would a court decide? Remember to use the IRAC format when answering this question.
Step by Step Solution
There are 3 Steps involved in it
Step: 1
Get Instant Access to Expert-Tailored Solutions
See step-by-step solutions with expert insights and AI powered tools for academic success
Step: 2
Step: 3
Ace Your Homework with AI
Get the answers you need in no time with our AI-driven, step-by-step assistance
Get Started