Quarantine Act Canada – Take it Seriously and Help Stop the Spread of COVID19

Quarantine Act Canada – Take it Seriously and Help Stop the Spread of COVID19

On behalf of Neuberger & Partners LLP posted in COVID-19 on Friday March 27, 2020.

Quarantine Act Canada – Take it Seriously and Help Stop the Spread of COVID19

Joseph A. Neuberger

Neuberger & Partners LLP

Criminal Defence Lawyers

www.nrlawyers.com

 

The Quarantine Act (the “Act”) authorizes Quarantine Officers to implement various control measures to prevent the introduction and spread of communicable disease.  Under the Act, failure to comply can result in arrest, and fees and penalties.

In order to prevent the spread of any communicable disease, including COVID19, the Public Health Agency of Canada collaborates with border partners, such as the Canada Border Services Agency, to administer the Act, 24 hours, 7 days a week, at all international points of entry.

Travelers when coming back to Canada are to be screened for symptoms of illness, and in the current situation regardless of signs of symptoms, it is a health order that all travellers returning to Canada are to go into mandatory self-isolation.

In general, all information is shared with government and agency stakeholders including local public health authorities.  Travellers now will have their information transmitted and tracked in order to ensure that they are self-isolating and adhering to the new safety measures in place.  Those directed to self-isolate will be subject to random checks to ensure compliance.

What is the Duty of a Traveller Returning to Canada?

A traveller returning to Canada, who reasonably suspects that they have or might have a communicable disease listed by health Canada, such as COVID19, shall disclose that fact to a screening or quarantine officer.

Can a Person be Arrested?

Any traveller who has or might have a communicable disease can be arrested by a peace officer if on reasonable grounds it is believed the traveller has refused to be isolated or refuses to comply with a measure ordered by a quarantine officer such as self-isolating.

If a person is ordered to be in quarantine and leaves quarantine without authorization, or obstructs an order, can be charged with offences ranging in penalty from jail to high fines.

Powers and Measures Under the Act:

The Act grants a wide array of measures, including medical examination, and isolation.

Local and Municipal Health Orders:

These types of measures are not under the Quarantine Act but still are enforceable by local authorities as well such as by-law officers and police officers that can also result in high fines.

Take Away Message:

It is vital for the health and safety of all people living in Canada, that health directives and/or orders be strictly followed.  Although difficult to alter one’s life to this new norm, it is imperative that we all do our part to curb the spread of this disease and ensure the long- term health of our communities.

Share on:

Leave a Reply

You must be logged in to post a comment.

CONTACT INFORMATION

1392 Eglinton Avenue West
Toronto, ON M6C 2E4
Fax (416) 364-3271

COVID-19 UPDATE

On behalf of Neuberger & Partners LLP posted in COVID-19 on Tuesday March 17, 2020.

At Neuberger and Partners, we are monitoring the COVID-19 situation and have implemented safety measures to ensure the safety of our clients and staff. Our priority is and always will be the health, well-being and safety of our staff, clients and colleagues.

We have put in place various measures to prevent and minimize the impact of COVID-19:

  • In addition to standard hand-washing habits, our staff are washing hands before and after every client interaction;
  • All individuals entering our office will be required to use our hand sanitizer to ensure the safety of our other clients and staff;
  • Regular disinfecting of our offices, public areas, meeting rooms and board rooms as well as increasing the frequency of disinfection of higher-traffic surface areas;
  • If a lawyer or client who has a scheduled meeting is feeling unwell, they will be strongly encouraged to stay home;
  • For the time being, we will avoid greeting clients and colleagues with our usual handshakes;
  • We will make every effort to ensure our firm will be stocked up with extra tissue and alcohol-based hand sanitizer; and
  • We will monitor and stay informed from the Government of Canada and World Health Organization for facts as they become available. We will ensure all staff and team members are educated on symptoms and are well informed on prevention and best practices.

Frequently Asked Questions:

Will the firm still run if there are closures?

  • We are committed to assisting our clients. We remain open to assist our clients at this time (following aforementioned standards for health and safety). For clients who wish to communicate with our firm virtually, we have the technology for virtual meetings and are able to respond to the needs of our clients in a manner best to protect our staff and clients’ health.

Are staff and lawyers set up to work virtually?

  • All lawyers and staff are set up to work virtually and continue to assist clients and one another remotely. All lawyers are available via telephone, email and virtual video conferencing.

What is the court situation? How will we deal with court closures?

  • At this time, the Superior Court of Justice is closed from March 17, 2020 to June 1, 2020 – unless a judge orders otherwise.
    If you have a March matter, your matter will be postponed to June 2, 2020.
    April matters will be postponed to June 3, 2020 and May matters will be pushed to June 4, 2020.
  • Similarly, the Ontario Court of Justice will be closed for 10 weeks for all out of custody matters in criminal practice court. In custody matters will still be addressed. It is unclear if out of custody matters such as trials or preliminary hearings will continue since the courts have left this decision to the discretion of the judges. However, Bail courts will remain open for the time being.
  • The Court of Appeal for Ontario has suspended all scheduled appeals until April 3, 2020. But we are still able to file materials and apply for urgent appeals to be heard.
  • We will advise clients by email of their next Court date.

How can payments be made?

  • Payments can be made via e-transfer and visa payments can be made over the phone.

If I have to deliver something to my lawyer, how shall I go about it?

  • For clients who wish to drop off documents but do not wish to come in contact with any one at the firm, you are encouraged to drop them off in our mail slot in front of our office.

We will be open and available for any questions, comments or concerns. Please call (416) 364-3111 for any further information.

Stay safe and healthy,

Joseph Neuberger