The Right of Citizens Abroad to Return During a Pandemic

Yves LeBouthillier (University of Ottawa), Delphine Nakache (University of Ottawa), The Right of Citizens Abroad to Return During a Pandemic, The Law, Policy & Ethics of Covid-19 (2020):

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.