Over at the (mostly) libertarian website Reason, Jacob Sullum looks into the constitutionality of various proposed quarantines and quarantine laws. (It goes without saying, of course that over at The Atlantic Polly J. Price -- last seen providing legal cover for why Trump couldn't possibly enforce laws against illegal immigrants because doing so stigmatizes the criminals into not getting government-funded medical care...no, seriously -- takes the opposite track by breathlessly explaining all the government agents who totally can take over the country based on the flimsiest of public health arguments)
It's an interesting read, especially seeing as how relatively recent case law supports the Sullum thesis more than the Price thesis:
In 2014, Kaci Hickox, a nurse who had treated Ebola patients in Sierra Leone, was detained for 80 hours after arriving at Newark Liberty International Airport, then sent back to her home state of Maine under an order by New Jersey Gov. Chris Christie. Although Hickox had no Ebola symptoms and had tested negative for the virus, Maine Gov. Paul LePage ordered her to remain at her home in Fort Kent for three weeks. Hickox, who defied that order by going for a bike ride, successfully challenged LePage's edict in state court.Sullum notes that there's a lot of overlap between the mass quarantine powers of all levels of United States governments and the power to force people into psychiatric care.
Charles C. LaVerdiere, chief judge of the Maine District Courts, ruled that any potential threat posed by Hickox could be adequately addressed by "direct active monitoring" aimed at detecting the onset of symptoms should she become ill. Since Hickox "currently does not show any symptoms of Ebola and is therefore not infectious," LaVerdiere said, forcibly isolating her at her home was not justified.
Of course, the wet dream of far-left advocates like Price is right here north of the 49th parallel, where the Supreme Court routinely decides that that pesky Charter of Freedoms doesn't apply unless you're a Niggerfag interested in molesting underage boys or getting your balls chopped off and demanding entrance to the women's changing rooms, meaning that the Government of Canada has realistically no restrictions in what it can decide to do.†
† For an example of how this "we can screw straight white males over however we want while bending over backwards for illegal immigrants, look no further than Rebel Media's Keean Bexte who was pulled over where illegal immigrants enter Canada and detained until the buses(!) carrying them away could escape his journalism
There is an actual Quarantine Act (2005): An Act to prevent the introduction and spread of communicable diseases. Strangely enough though, it doesn't mention anything about large scale quarantine orders, and instead is all about the process to force individuals with diseases to obey quarantine orders or the transportation of cadavers. Indeed, the Act permits the federal government to force people to turn their homes or businesses into quarantine zones as long as they get the province on board:
7 The Minister may by order designate any place in Canada as a quarantine facility and amend, cancel or reinstate the designation.But that's pretty weak sauce compared to how things are done in the (infected) Shiny Pony's favourite country of China.
8 (1) Any person in charge of a place shall, at the request of the Minister, provide that place to the Minister if, in the opinion of the Minister, the temporary use of the place as a quarantine facility is necessary to protect public health.
(2) The place is deemed to be designated as a quarantine facility.
(3) The Minister may compensate any person for the Minister’s use of the place.
(4) The Minister shall consult with the provincial public health authority of the province in which the place is situated before taking possession of it.
Enter the Emergencies Act (1985) which covers a "declaration of a public welfare emergency (including "disease in human beings"), a successor to Rat Bastard 1.0's infamous War Measures Act. As noted above, it pretty much tells the government they can do anything they want as long as they don't interfere with lazy union workers:
8 (1) While a declaration of a public welfare emergency is in effect, the Governor in Council may make such orders or regulations with respect to the following matters as the Governor in Council believes, on reasonable grounds, are necessary for dealing with the emergency:So the provinces (and as mentioned, the unions) still exert some control over the situation. Note to Jason Kenney: this is your chance to stick it to the feds at a moment's notice.
(a) the regulation or prohibition of travel to, from or within any specified area, where necessary for the protection of the health or safety of individuals;
(b) the evacuation of persons and the removal of personal property from any specified area and the making of arrangements for the adequate care and protection of the persons and property;
(c) the requisition, use or disposition of property;
(d) the authorization of or direction to any person, or any person of a class of persons, to render essential services of a type that that person, or a person of that class, is competent to provide and the provision of reasonable compensation in respect of services so rendered;
(e) the regulation of the distribution and availability of essential goods, services and resources;
(f) the authorization and making of emergency payments;
(g) the establishment of emergency shelters and hospitals;
(h) the assessment of damage to any works or undertakings and the repair, replacement or restoration thereof;
(i) the assessment of damage to the environment and the elimination or alleviation of the damage; and
(j) the imposition
(i) on summary conviction, of a fine not exceeding five hundred dollars or imprisonment not exceeding six months or both that fine and imprisonment, or
(ii) on indictment, of a fine not exceeding five thousand dollars or imprisonment not exceeding five years or both that fine and imprisonment, for contravention of any order or regulation made under this section.
(2) Where a declaration of a public welfare emergency specifies that the direct effects of the emergency extend only to a specified area of Canada, the power under subsection (1) to make orders and regulations, and any powers, duties or functions conferred or imposed by or pursuant to any such order or regulation, may be exercised or performed only with respect to that area.
(3) The power under subsection (1) to make orders and regulations, and any powers, duties or functions conferred or imposed by or pursuant to any such order or regulation,
(a) shall be exercised or performed
(i) in a manner that will not unduly impair the ability of any province to take measures, under an Act of the legislature of the province, for dealing with an emergency in the province, and
(ii) with the view of achieving, to the extent possible, concerted action with each province with respect to which the power, duty or function is exercised or performed; and
(b) shall not be exercised or performed for the purpose of terminating a strike or lock-out or imposing a settlement in a labour dispute.
9 (1) Nothing in a declaration of a public welfare emergency or in any order or regulation made pursuant thereto shall be construed or applied so as to derogate from, or to authorize the derogation from, the control or direction of the government of a province or a municipality over any police force over which it normally has control or direction.
(2) Where the Royal Canadian Mounted Police is used or employed in a province or municipality pursuant to an arrangement under section 20 of the Royal Canadian Mounted Police Act, subsection (1) applies in respect of the Royal Canadian Mounted Police, subject to the terms and conditions of the arrangement.
