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Suing Canada over its vaccine passport, an alleged violation of Charter rights

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The Justice Center for Constitutional Freedoms has asked a federal court to conduct a judicial review of ArriveCAN, an app that is required to enter Canada.  Legal action has been filed on behalf of Canadians who feel the app is a violation of their rights.

“The applicants involved in this legal challenge have received fines of up to $8,500 each and been forced to disclose private medical information via the ArriveCAN,” a statement reads. “The legal challenge seeks to strike down the mandatory use of ArriveCAN and declare unconstitutional the 14-day quarantine requirements for Canadians who refuse to use ArriveCAN when returning home.”

Read the lawsuit here.

The 11 applicants are concerned about how the app uses their personal health information. The Justice Center also noted that the app continues to face criticism for causing massive delays.

Despite the backlash, the government insists on the continued use of the app, until at least September 30.

Related: Doctor is fined for refusing to use Canada’s vaccine passport

“The Minister of Transport has defended ArriveCan as vital in preventing the spread of COVID despite evidence that vaccines cannot stop transmission or infection,” the statement says. “The minister also claimed ArriveCAN has not caused the ongoing travel backlog, despite evidence that the CBSA (Canada Border Services Agency) agents have stated it is in fact causing delays.”

Health Canada said it is aware of the legal challenge, but refused to directly address it.

“The Government of Canada has been made aware that the Justice Centre has filed a legal challenge in the Federal Court,” a Health Canada statement says. “To help keep people in Canada safe, the Government of Canada put in place emergency border measures, in order to reduce the risk of the importation and transmission of COVID-19 and new variants in Canada related to international travel. The Government of Canada respects any individual’s decision to present their case before the court and we await the court’s decision on this matter.”

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