JCCF-Brandon-Langhjelm-Memorial-Essay-Contest-2022 (1)

20.500.12592/nmhhcd

JCCF-Brandon-Langhjelm-Memorial-Essay-Contest-2022 (1)

4 Jan 2023

Just recently, the Canadian Public Health Agency admitted to tracking 33 million mobile devices during covid-19 lockdowns without the prior consent of users and in a process that lacks transparency about the data collection, use and destruction.5 Thus, the purpose of this paper is to examine the risks from the perspective of the Canadian Charter of Rights and Freedoms (CCRF) through its applicatio. [...] Nikal, the Supreme Court of Canada stated in obiter that the requirement to present a passport is not an infringement of the right to enter Canada unless the requirement was met with great difficulty or expense.8 This can be expanded on to cover the expenses and barriers to having access to the ArriveCan, where a traveller’s device does not meet the minimum operating system requirements and is not. [...] In essence, mandating the use of the ArriveCan not only gives the government power to allow or restrict an individual’s movement in and out of Canada but also mandates the possession of electronic devices, which are luxury products.9 Setting Precedents & Considerations The key point to be made here is that the Canadian government has set two important precedents through its implementation of the A. [...] In response, the federal government invoked the Emergencies Act, granting itself power and other financial institutions the power to cease providing financial services to anyone suspected (not proven) of aiding the continuation of the protest in Ottawa.14 Luckily, the Emergencies Act (EA) is subject to the CCRF15, and the actions taken by the Canadian government would demonstrate how centralized a. [...] All three rights are generally concerned with the administration of justice20 and in conjunction: where detention (s.9) can affect the right to the [physical] liberty of the person (s.7)21, and detention (physical or psychological) can impact security (s.7).22 Takeaways The key takeaway from the analysis of the trucker convoy and the implications of a digital ID on the behaviour regulation of indi.
Pages
8
Published in
Canada