Court rejects narrow take on mobility rights in pandemic travel case


But perhaps the most fascinating part of the decision is that it reveals splits in the court about the approach to Charter analysis. Because there were, in fact, three separate decisions. The majority found the right to mobility simpliciter in section 6(1) and (2), but three justices, Richard Wagner, Nicholas Kasirer and Mahmud Jamal, dissented in part, holding that a right to mobility simpliciter is found only in section 6(2) and not 6(1). Justice Malcolm Rowe penned a third opinion that reached the opposite conclusion, finding the right to mobility simpliciter is in 6(1), not 6(2).



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