ArriveCAN violated Canadians’ rights, proposed class-action lawsuit alleges

A proposed class-action lawsuit is seeking damages as it alleges the controversial ArriveCAN app was a violation of Canadians’ rights.

Consumer Law Group of Canada filed a proposed class-action lawsuit in Federal Court on Feb. 16 against the Attorney General of Canada.

It centres around the “wrongful quarantine” of Quebec residents E. Sabbag and D. Rossner, and claims the attorney general is liable for the acts and omissions of its “servants/agents” – including the Canada Border Services Agency (CBSA), the Public Health Agency of Canada (PHAC) and Public Services and Procurement Canada, which were responsible for the contracting, development and implementation of ArriveCAN.

On May 18, 2022, Sabbag and Rossner allege they were unable to access ArriveCAN – a tool launched in April 2020 as a way to manage travel during the COVID-19 pandemic – on their devices before returning to the land border after an overnight stay in Lake Placid, N.Y., the statement of claim reads.

When they arrived at the Saint-Bernard-de-Lacolle, Que., border stop, they explained the situation to the border agent.

“However, because they were not able to submit the requirement documentation by electronic means, they were instructed to quarantine. The plaintiffs attempted to show the border agent their proof of vaccination to no avail,” the statement of claim reads.

“The plaintiffs called the border and spoke to a ‘manager’ who informed them that there’s nothing they can do as they have been instructed to send all persons that fail to show their ArriveCAN information directly into quarantine without exception.”

It went on to say Sabbag and Rossner called PHAC and were told they had to wait for the results of self-administered COVID-19 tests before being