People are now saying the ArriveCAN app is violating our constitutional rights
It's clear that many people are not fans of the ArriveCAN app, with even the authority that runs Toronto's Pearson airport demanding that the federal government either streamline or totally get rid of it and other "legacy public health requirements" that are contributing to killer bottlenecks for travellers.
But along with complaints that the mandatory app is an annoying and now-unnecessary additional step in an already frustrating arrivals process, data experts are now saying that the app — specifically a recent glitch that instructed people to quarantine unnecessarily — could actually violate the Canadian Charter of Rights and Freedoms.
9 days after crossing the land border into NB ArriveCan finally tells me to ignore it's daily emails demanding a mandatory 14 day quarantine & COVID test for my family. The federal government needs to delete this app. pic.twitter.com/rA1lgQdmIc
— Dan Wrightman (@dwrightman) July 26, 2022
The Charter ensures every citizen of Canada has mobility rights; that is, "the right to enter, remain in and leave Canada" and move freely into their own country.
Forcing people to quarantine at home for two weeks (especially when, as in this case, it is completely unjustified) is, some believe, a violation of this right, and may even qualify as unlawful detention of the tens of thousands of fully-vaccinated, non-positive people who were erroneously told to quarantine thanks to the bug.
@PaulMitchell_AB the bigger question is why are we doing this at all since both vaccinated and unvaccinated can test positive? Also, since when is disclosing your personal & private medical information a prerequisite for Canadians to return home to Canada?
— Colin Somers (@MustardNation) July 19, 2022
Tax 💰 >>> 🚽
Privacy experts have also raised red flags about the fact that the details of the ArriveCAN software — and thus any privacy or rights violations concerns therein — is completely unavailable to the public.
"It exposes fundamental problems we have with seeking redress under existing privacy and data protection laws," a data and privacy law expert told Global News about the secrecy of the software.
This is on top of, but far different from, the ongoing cries of the anti-vax crowd who say the app in general is in violation of Canadian rights.
“It’s an error. So, by definition, it’s not a justified infringement of your liberty,” Mathen said.
— Technology Feed (@TecFeed) August 10, 2022
government is moving to AI & further away from customer service. "It was a glitch we're not responsible for breaching your charter rights". Imagine all the glitches in the future
Though the bug in the app was eventually remedied, it took the government a whopping 12 days to let people know that the quarantine order they'd received was sent in error.
