Group files constitutional challenge of ArriveCan app in Federal Court

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OTTAWA - A constitutional rights group has launched a legal challenge of a federal requirement that travellers to Canada use the ArriveCan app.

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OTTAWA – A constitutional rights group has launched a legal challenge of a federal requirement that travellers to Canada use the ArriveCan app.

The action was filed in Federal Court by the Justice Centre for Constitutional Freedoms on behalf of 11 Canadians, including some allegedly fined up to $8,500.

The legal challenge, spearheaded by an organization that has opposed public health measures such as lockdowns and vaccine mandates, seeks to strike down mandatory use of the app and to declare quarantine rules for Canadians who refuse to use the app as unconstitutional.

A person holds a smartphone set to the opening screen of the ArriveCan app in a photo illustration made in Toronto on June 29, 2022. The Justice Centre for Constitutional Freedoms has filed an action today in Federal Court challenging mandatory use of the ArriveCan app. THE CANADIAN PRESS/Giordano Ciampini

The notice of application alleges the federal health minister has failed or refused to provide evidence that ArriveCan’s data collection is legal or secure.

It also claims ArriveCan has proven to be unreliable and prone to errors that have infringed the Charter rights of Canadians.

Federal lawyers have yet to file a statement of defence in the case.

This report by The Canadian Press was first published Aug. 24, 2022.

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