The Right of Citizens Abroad to Return During a Pandemic

The Law, Policy & Ethics of Covid-19. Edited by Colleen M. Flood, Vanessa MacDonnell, Jane Philpott, Sophie Thériault & Sridhar Venkatapurum. Ottawa: University of Ottawa Press,

11 Pages Posted: 18 Dec 2020

See all articles by Yves LeBouthillier

Yves LeBouthillier

University of Ottawa

Delphine Nakache

University of Ottawa, Faculty of Law (common law)

Date Written: July 31, 2020

Abstract

To prevent the spread of COVID-19 Canada has, like most other states, temporarily limited access to its territory. It has, as requested by international law, allowed the return of its own citizens. However, in contrast to other countries, Canada has opted for a more restrictive approach by requesting air carriers to deny boarding to any passengers abroad, citizen or not, with symptoms suggestive of COVID-19. In this article, we assess the legality of Canada’s approach regarding the return of citizens, both under international human rights law and Canadian constitutional law.

Keywords: Citizens abroad, right to return, pandemic, international law, constitutional law

Suggested Citation

LeBouthillier, Yves and Nakache, Delphine, The Right of Citizens Abroad to Return During a Pandemic (July 31, 2020). The Law, Policy & Ethics of Covid-19. Edited by Colleen M. Flood, Vanessa MacDonnell, Jane Philpott, Sophie Thériault & Sridhar Venkatapurum. Ottawa: University of Ottawa Press,, Available at SSRN: https://ssrn.com/abstract=3750177

Yves LeBouthillier

University of Ottawa ( email )

2292 Edwin Crescent
Ottawa, Ontario K2C 1H7
Canada

Delphine Nakache (Contact Author)

University of Ottawa, Faculty of Law (common law) ( email )

57 Louis Pasteur (BRS 430)
Ottawa, Ontario K1N 6N5
Canada
+ 1(613) 562-5800 (2647) (Phone)

HOME PAGE: http://https://commonlaw.uottawa.ca/en/people/nakache-delphine

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