Utkarsh Kohli
Mrs. Scopis
CLU 3M0-C
April 23, 2020
Advantages of Limiting People’s Movement during the Coronavirus Pandemic
The economic and health benefits as well as the Oakes test suggest that the limiting of people’s movement, to regulate the spread of COVID-19, will have a positive impact on Canada. Firstly, the Oakes test, used to determine if a limit to a right in the Canadian Charter of Rights and Freedoms is reasonable, justifies the Canadian government in limiting residents’ mobility rights. Section 1 of the Charter states that it guarantees the rights and freedoms “subject only to such reasonable limits prescribed by law as can be demonstrably justified in a free and democratic society” (“Canadian Charter of Rights and Freedoms.”). Although the implementation of a lockdown or quarantine would violate people’s mobility rights, under section 6 of the Charter which allows residents of Canada to move in, out, and within the country freely, the purpose of the lockdown is substantial as the virus has already affected 40,000 Canadians (Jackson), and poses risk to millions of more Canadians. A lockdown would minimally impair people’s mobility rights since the restriction would be short term, until the government treats a majority of the current patients, while achieving its purpose of decreasing the overall number of COVID-19 cases as it will limit social interaction, allowing doctors to effectively work on current patients. Therefore, implementing a lockdown would limit the exposure of residents to the virus, saving the lives of a large number of Canadians , proving that the positive effects of limiting people’s movement outweigh the negative effect of residents being unable to travel for a relatively short period of time. Secondly, limiting people’s movement would help improve the overall health and well being of Canadians. Article 25 of the Universal Declaration of Human Rights states that, “everyone has the right to a standard of living adequate for the health and well-being of himself and of his family, including food, clothing, housing and medical care” (“Universal Declaration of Human Rights”). Limiting people’s movement would ensure that each citizen has the ability to receive adequate health care, as without a restricition there would be a greater number of cases, placing enormous pressure on the health care system, resulting in less effective health care for citizens. Also, research conducted by the University of Toronto shows that Ontario could encounter a shortage of ventilators and beds by the end of April (Dunham), which means that if the government does not place travel restrictions soon, it may result in the infringement of a citizen’s right to equality and life (“Canadian Charter of Rights and Freedoms.”) as every individual is meant to be treated equally under the law, however due to a shortage of supplies, the healthcare worker will have to decide to save one patient instead of another. Lastly, limiting people’s movement, specifically in Ontario, will help improve Canada’s economic situation. The number of COVID-19 cases in Ontario account for nearly 30% of the total number of cases in Canada, and are increasing at an average daily rate of 5% (“The 2019 Novel Coronavirus (COVID-19)”). Ontario contributes approximately 40% of the national gross domestic product (“About Ontario”), and if a restriction on movement is not implemented, a larger number of people will be infected by the virus, resulting in them not working, weakening the provincial, and as a result the national economy. The provincial government ordered the shutdown of “non essential” businesses, resulting in an 5.3% increase in the unemployment rate (“Labour Force Survey, March 2020”). The benefits of a lockdown would allow businesses to open up sooner, resulting in a decreased unemployment rate, and improved economy since the government will recieve more money in the form of income tax. In conclusion, the Canadian government should place restrictions on people’s movement based on the economic and health benefits it offers, as well as the results of the Oakes test.
Works Cited
“About Ontario.” Ontario.ca, Government of Ontario, 7 Mar. 2019, www.ontario.ca/page/about-ontario.
“Canadian Charter of Rights and Freedoms.” Constitution Act, 1982 , Government of Canada, 21 Apr. 2020, laws-lois.justice.gc.ca/eng/const/page-15.html.
Dunham, Jackie. “Who Gets a Ventilator in the COVID-19 Crisis?” Coronavirus, CTV News, 3 Apr. 2020, www.ctvnews.ca/health/coronavirus/who-gets-a-ventilator-in-the-covid-19-crisis-1.4876069.
Jackson, Hannah. “Coronavirus: Cases of COVID-19 in Canada Top 40,000.” Canada, Global News, 22 Apr. 2020, globalnews.ca/news/6851315/coronavirus-canada-update-april-22/.
“Labour Force Survey, March 2020.” The Daily, Statistics Canada, 13 Apr. 2020, www150.statcan.gc.ca/n1/daily-quotidien/200409/dq200409a-eng.htm.
“The 2019 Novel Coronavirus (COVID-19).” Health and Wellness, Government of Ontario, 25 Jan. 2020, www.ontario.ca/page/2019-novel-coronavirus.
“Universal Declaration of Human Rights.” United Nations, United Nations, www.un.org/en/universal-declaration-human-rights/.