The ArriveCAN app was originally developed supposedly as optional temporary measure during the pandemic to confirm travellers Covid-19 vaccine status along with quarantine plans when entering Canada because of the Covid-19 vaccine mandates for entry. It was then expanded to include domestic travel by plane and train at any land or air border.
The lawsuit filed by the Democracy Fund asks the court for “declaration that the use of ArriveCAN is not legally required of persons entering Canada.”
The government has threatened those who do not use the ArriveCAN app with hefty fines and other enforcement measures.
Two key plaintiffs are named in the TDF lawsuit: Corrine Janzen of Alberta, who was forced into downloading and using the ArriveCAN app, and Cody Tilbury of Ontario, who was fined $6255 for refusing to use it. Canadian nationals Tilbury and Janzen were departing for Canada from Mexico.
The Democracy Fund argues the ArriveCAN app disregards privacy and gives the government to share the data they collect with many local and international organizations including foreign governments in which Canada cannot regulate.
“According to ArriveCAN’s privacy statement, information obtained through the application can be retained indefinitely and can also be shared with international organizations and foreign governments whom Canada cannot regulate. The Government of Canada has admitted that this information is not only about “keeping Canadians safe.” It is also being used for other unclear objectives, such us modernizing border control. “
Transport Minister Omar Alghabra has made claims the ArriveCAN app isn’t causing problems with Canadians’ right to travel.
A recent glitch in the ArriveCAN app sent notifications to over 10,000 vaccinated Canadians, requiring them to quarantine for 14 days. The government was slow by nearly two weeks to respond with a correction. It took the government 12 days to inform the affected individuals that the ArriveCAN app had malfunctioned and their 14-day house arrest was unnecessary.
American lawmakers are calling for the scrapping of the ArriveCAN app.
“This requirement disincentivizes travel, harms the flow of commerce, and burdens travellers with the submission of private health information,” New York Rep. Elise Stefanik, a Republican, wrote in a letter last week to Mendicino and Kirsten Hillman, Canada’s ambassador to the U.S.
Conservative MP Baldinelli said that Alghabra’s own team has said at the border crossing traffic is down 50% but the wait times are up over 2 hours and called out Alghabra to back up his statement the ArriveCAN app is not impacting wait times
“who told you minister that ArriveCAN is not having any impact on wait times?” Baldinelli asked, but Alghabra did not give an answer and couldn’t provide any sources.
