Government lawyers argue ArriveCAN challenge is moot.
TORONTO: The Democracy Fund (TDF) has filed written submissions with the Federal Court of Canada arguing that its ArriveCAN challenge should proceed despite government arguments that the application is moot now that the app is no longer mandatory for travellers crossing the Canadian border.
“The application is not moot,” says TDF lawyer Alan Honner. “The court should decide whether the government’s ongoing retention and potential sharing of personal information obtained through ArriveCAN constitutes breach of privacy rights.”
TDF filed their challenge to the mandatory use of ArriveCAN on August 24, 2022, seeking declarations that the mandatory use of ArriveCAN is an unconstitutional breach of privacy. Within weeks of TDF’s challenge, the federal government dropped the ArriveCAN requirement and all mandatory border measures related to COVID-19.
TDF argues that ArriveCAN was not only unconstitutional but that it may not have even been legally required in the first place. “The orders in council do not make any reference to ArriveCAN,” says Honner. “The orders only speak about an ‘electronic means’ by which persons crossing the border must provide mandatory information to the Minister of Health.”
Honner notes that TDF has made requests to Health Canada and the Attorney General as to exactly when and where the Minister of Health specified ArriveCAN as the electronic means described in the orders. He has not received any answers to date.
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About The Democracy Fund:
Founded in 2021, The Democracy Fund (TDF) is a Canadian charity dedicated to constitutional rights, advancing education and relieving poverty. TDF promotes constitutional rights through litigation and public education. TDF supports an access to justice initiative for Canadians whose civil liberties have been infringed by government lockdowns and other public policy responses to the pandemic.