Federal court dismisses ArriveCAN challenge

The case, brought forward by The Democracy Fund, was tossed as 'moot' due to the app no longer being a mandatory requirement for travellers.

By Sheila Gunn Reid
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March 16, 2023
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News

Federal court dismisses ArriveCAN challenge

The Canadian Press / Giordano Ciampini

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The proceeding, brought by 11 Canadians against the mandatory health surveillance app, was tossed as moot in a ruling issued Thursday afternoon.

Canadians and those wishing to enter Canada were told they had to download the ArriveCAN app and upload their vaccination status into it before arrival.

I, for one, welcome our new ArriveCAN overlords. #cdnpoli pic.twitter.com/kGd9zR1tB8
— Garnett Genuis (@GarnettGenuis) October 28, 2022

One of the applicants in The Democracy Fund lawsuit was Cody Tilbury, who along with many of his co-applicants, expressed privacy concerns about the ArriveCAN app:

Upon returning to Canada from Mexico, he did not provide mandatory travel and health information through ArriveCAN as this information would tend to reveal intimate details of his health, lifestyle and personal choices, including information which may lead to stigmatization and discrimination. Mr. Tilbury does not consent to the disclosure or sharing of his personal information with any person, government, organization or entity as contemplated by ArriveCAN’s privacy policy. As a result of Mr. Tilbury’s refusal to use ArriveCAN, he received a ticket in an amount of $6,255.00.

Associate Federal Court Judge Trent Horne wrote in his judgement that since the troubled overbudget app is no longer mandatory, the challenge of the constitutionality of the previous requirement to use it is no longer relevant:

"With the repeal of the impugned Orders in Council, the challenged provisions no longer exist in law. They are moot. This is not an appropriate instance for the Court to exercise its discretion to hear a moot application. The notices of application will therefore be struck."

WATCH: A fully vaccinated Canadian senior was given a 14-day quarantine order because she did not use the Trudeau Government's ArriveCAN app. “I shouldn't have to go through this, no Canadian should," she said. (Footage provided to @TrueNorthCentre by @canmericanized) pic.twitter.com/vj7BJsWEZL
— Élie Cantin-Nantel (@elie_mcn) July 21, 2022

The ArriveCAN app was dropped in September after the feds were hammered by controversy around the cost of the app and failings that led to fully vaccinated users being slapped with quarantine fines.

The #ArriveCAN app turned out to cost MORE THAN DOUBLE what was initially disclosed - over $54 million. Experts note similar apps cost less than $1 million. Multi-million contracts going to unknown sources for an app rife with glitches & privacy concerns. Unbelievable. #cdnpoli pic.twitter.com/3P2mTIU5kL
— Martin Shields (@MartinBowRiver) October 11, 2022

TDF is a registered Canadian charity focused on civil liberties litigation and education.

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