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armoured

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Feb 1, 2015
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I totally understand.

I’m a French lawyer, so I’m not comfortable with the Canadian legal system, and in France, we’ve the concept of legal equality. The police officer has to apply the law/directive regardless the situation/person.

In France, the final final decision is made by the judge, never by the police officer, even when it comes to the entry into the territory.
Here, in Canada, it sounds like the police officer can do whatever he wants.
I'm not going to argue French law with a French lawyer about interactions between the police and the magistrates, but I don't think that is true even in France - is every single person who litters in France, witnessed by a police officer, charged with littering? No, police officers everywhere have to exercise some discretion and prioritize. (There's also a distinction between administrative / criminal law and bylaws, etc, that is not easy to summarize and I won't attempt to).

Note, this also does not mean that police officers in Canada can do whatever they want. They simply have to make decisions about what is in the best interests acc to their specific, clear instructions balanced against public order and public safety, resources available and priorities. (If the best way to defuse the situation is to let one person through quietly, so as not to encourage the next 100 people to start making the same claim) Sometimes those decisions are easy, sometimes they're not. Sometimes it's obvious to outsiders what should be done, and sometimes not.

Note, I'm not of course privy to what superiors at police service or other authorities had agreed about prosecuting - it's possible this was a conscious decision in first weeks of this new policy.

(And yes the prosecutors get involved at various points and I'm not a practicing lawyer so will just say it's complicated - it's different than French magistrates)

Sometimes this will look odd from the outside - my example is when Toronto introduced anti-smoking rules in bars, the police made a bit of a show about how they wouldn't enforce it. This was basically a lie - they didn't want to deal with angry patrons and physical fights as a result, nor get into drawn out (potentially heated) altercations with bar owners. What actually happened was that it was basically a calm down or grace period - the police eventually did enforce it, but mainly the public got used to it, bar owners figured out how to make it work, "smokers' rights" types realised they didn't have support, etc. Within about six months to a year, you didn't see any smoking in bars in Toronto. The key thing was that by the end of it, police could enforce it carefully and without violence or drama. (Note, I also don't know and am not privy - it's entirely possible the police had agreed this with government/city hall/prosecutors etc beforehand. But if anyone thinks this was the police outright defying the govt, it really wasn't - it was a strategy. In my opinion anyway, a pretty transparent one)
 
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YVR123

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Jul 27, 2017
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I'm not going to argue French law with a French lawyer about interactions between the police and the magistrates, but I don't think that is true even in France - is every single person who litters in France, witnessed by a police officer, charged with littering? No, police officers everywhere have to exercise some discretion and prioritize. (There's also a distinction between administrative / criminal law and bylaws, etc, that is not easy to summarize and I won't attempt to).

Note, this also does not mean that police officers in Canada can do whatever they want. They simply have to make decisions about what is in the best interests acc to their specific, clear instructions balanced against public order and public safety, resources available and priorities. (If the best way to defuse the situation is to let one person through quietly, so as not to encourage the next 100 people to start making the same claim) Sometimes those decisions are easy, sometimes they're not. Sometimes it's obvious to outsiders what should be done, and sometimes not.

Note, I'm not of course privy to what superiors at police service or other authorities had agreed about prosecuting - it's possible this was a conscious decision in first weeks of this new policy.

(And yes the prosecutors get involved at various points and I'm not a practicing lawyer so will just say it's complicated - it's different than French magistrates)

Sometimes this will look odd from the outside - my example is when Toronto introduced anti-smoking rules in bars, the police made a bit of a show about how they wouldn't enforce it. This was basically a lie - they didn't want to deal with angry patrons and physical fights as a result, nor get into drawn out (potentially heated) altercations with bar owners. What actually happened was that it was basically a calm down or grace period - the police eventually did enforce it, but mainly the public got used to it, bar owners figured out how to make it work, "smokers' rights" types realised they didn't have support, etc. Within about six months to a year, you didn't see any smoking in bars in Toronto. The key thing was that by the end of it, police could enforce it carefully and without violence or drama. (Note, I also don't know and am not privy - it's entirely possible the police had agreed this with government/city hall/prosecutors etc beforehand. But if anyone thinks this was the police outright defying the govt, it really wasn't - it was a strategy. In my opinion anyway, a pretty transparent one)
Agree with you on that. What we see typically in COVID violation is that police don't ticket or charge them right away. Usually when we heard that on the news it's days or weeks after.

There is a way how things work. And police need to plan out how to enforce new rules/regulations ...etc.
 
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Western Mountain Man

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Nov 2, 2018
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Everyone gets fined at YVR for refusing to quarantine at the approved hotels.

Though, some have chosen to receive the fines because they feel it's safer to quarantine at home
and others see it's more cost effective because the fines they received are less that the 3-day hotel costs.
The police don't care they are just doing their job. Give them a fine now or later it will all end up in the same pot or get tossed out.

Unfortunately "many" students and others are not willing to take risks and have decided not to come here due to the negative
media reports surrounding this program that's rampant on non-english social media platforms overseas. Safety, security, covid,
food and costs are all big issues for them.

I think if money is no issue then book your flight and pick the most expensive hotel near the airport. They will treat you well
and you can possibly be on your way in one day. Then get the spa treatment !
 

armoured

VIP Member
Feb 1, 2015
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Unfortunately "many" students and others are not willing to take risks and have decided not to come here due to the negative
media reports surrounding this program that's rampant on non-english social media platforms overseas. Safety, security, covid,
food and costs are all big issues for them.
I'm desperately hoping this will be lifted by the time we travel (particularly since likely we'll all have been vaccinated by then).

For parents - well, for some age groups/kids, being locked in a room for even a full day is almost unthinkable. My elementary-school child is just not the type that can be parked in front of the TV. We'd go batty being in a room for even 24 hours, let alone three days.

I'm sure I'm not the only one thinking that...
 

Western Mountain Man

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Nov 2, 2018
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Canada
I'm desperately hoping this will be lifted by the time we travel (particularly since likely we'll all have been vaccinated by then).

For parents - well, for some age groups/kids, being locked in a room for even a full day is almost unthinkable. My elementary-school child is just not the type that can be parked in front of the TV. We'd go batty being in a room for even 24 hours, let alone three days.

I'm sure I'm not the only one thinking that...
Yea,
They are thinking about some exemptions for travel with vaccinations but consider it not fair for everyone..... Not sure where that will go?
The vaccines are suddenly coming on strong here for different groups that should make a difference " I hope ".

Also, the local hotels are trying to ' cash-in ' on this event leaving many travelers disgruntled and talking on social media. If money
is no issue, then it's not important. Most get to leave early after the test result comes back and some just prefer to stay at the
premium hotels because it's a nice rest after long flight and the food is good. Can't imagine what that would be like with young kids?
Maybe the hotel has options? ( They all want good reviews ) !
 
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armoured

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Feb 1, 2015
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The vaccines are suddenly coming on strong here for different groups that should make a difference " I hope ".
Yes, I'm hoping overall for the vaccine program to be caught up by then. I'm putting no hope in short term for so-called 'vaccine passports' - yet.

Can't imagine what that would be like with young kids?
Maybe the hotel has options? ( They all want good reviews ) !
It's not that the hotels really are the issue, it's just being contained in one room. Once we could do stuff around the facility, that'd be a fine little mini-vacation.
 

his*marty

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Jul 28, 2020
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I have a question, if anyone knows. And of course, I know things are up in the air with COVID. I'm wondering if it would be possible for Mr LL to do a soft landing, stay in a government quarantine hotel for 3 days and come back to the UK again, so we can tie up our affairs here and give us some breathing space with visa timings?

I always understood in the old days, the PA had one year to enter Canada from the date of medical and after COPR is issued? What flexibility, if any, are people finding with COVID travel issues (internal within countries and external to / from countries travel)? I'm thinking about the difficulties we will have to get to both biometrics and medical for PA, as we are in lockdown here. IRCC is vague about leniency.

Thoughts, anyone?

Thanks in advance.
You're still early in the sponsorship process... this hotel quarantine business may be over by the time you plan on returning.
 

LotusLeodis

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Jul 23, 2020
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You're still early in the sponsorship process... this hotel quarantine business may be over by the time you plan on returning.
Everything with COVID is a bit like a moving target. Who knows how it will impact things by the time CoPR is issued.
 

his*marty

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Jul 28, 2020
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Everything with COVID is a bit like a moving target. Who knows how it will impact things by the time CoPR is issued.
yes, this is true... but I really don't think they'll continue to do this hotel quarantine past June, I just can't see it... unless the variants go rampant, but with increased vaccination I think there is a light at the end of the tunnel.
 

Western Mountain Man

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Nov 2, 2018
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yes, this is true... but I really don't think they'll continue to do this hotel quarantine past June, I just can't see it... unless the variants go rampant, but with increased vaccination I think there is a light at the end of the tunnel.
Hope you're right.
I think it may go on through the summer and possibly into the fall. The vaccines aren't rolling out fast enough as the variant cases are increasing and there seems to be a developing resistance from certain groups that are hesitant to get the shot. Recently the covid cases are on the rise and many are become more frustrated with the rules. I can see keeping the hotel quarantine in effect for some time as they're making lots of money and it shows something is being done. Though, its a little strange that none of the hotels have reported any positive cases.
Could be a long tunnel !
 
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his*marty

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Jul 28, 2020
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Hope you're right.
I think it may go on through the summer and possibly into the fall. The vaccines aren't rolling out fast enough as the variant cases are increasing and there seems to be a developing resistance from certain groups that are hesitant to get the shot. Recently the covid cases are on the rise and many are become more frustrated with the rules. I can see keeping the hotel quarantine in effect for some time as they're making lots of money and it shows something is being done. Though, its a little strange that none of the hotels have reported any positive cases.
Could be a long tunnel !
I guess I'm just trying to be optimistic. I think all of us are going a little mental, in particular those of us separated from family.

Have you heard anything about flights resuming to tropical destinations after May 1?

The people are getting restless and frustrated and protests are increasing in Canada and the world.

Hotels are making some money now, but the airlines are suffering and this will come back to bite the end user in the ass... and travel for the average person will take some time to rebound. *sigh*

I'm happy the hotels are reporting no positive cases... this shows its not the international flights that are the biggest issue. It's people coming through land border or exempt people and community transmission.
 

Western Mountain Man

Hero Member
Nov 2, 2018
667
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Canada
I guess I'm just trying to be optimistic. I think all of us are going a little mental, in particular those of us separated from family.

Have you heard anything about flights resuming to tropical destinations after May 1?

The people are getting restless and frustrated and protests are increasing in Canada and the world.

Hotels are making some money now, but the airlines are suffering and this will come back to bite the end user in the ass... and travel for the average person will take some time to rebound. *sigh*

I'm happy the hotels are reporting no positive cases... this shows its not the international flights that are the biggest issue. It's people coming through land border or exempt people and community transmission.
Haven't heard anything about flights after May 1st and it seems everything is changing quickly so I wouldn't think too far down the road.

People are going a little mental around here.... Over 500 showed up in one community for a ' freedom rally ' with no masks to protest the
restrictions. Don't know what they're thinking about? Maybe just end up as a superspreader event. Then there will be even more restrictions.

Keep hunkered down and try to be optimistic.
Don't go mental !
 
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armoured

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Feb 1, 2015
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https://ca.travelpulse.com/news/impacting-travel/quarantine-hotel-court-ruling-could-come-monday.html

An answer for Monday...Wow, I didn’t know the Canadian justice was so fast, especially during this pandemic.
Rejecting requests for an injunction can happen very quickly.

Caveat: not a lawyer.

But as the article says, the bar for injunctive relief (like suspending the requirement) is very high. Meaning the chances are pretty high a judge will just say no. (This will be fine as far as the group pushing this is concerned - it's fodder for an appeal and more publicity.)

So I'm willing to go out on a limb and predict that this will be a loss for the the case - at least a loss in the sense that this requirement will NOT result in an injunction that immediately lifts this requirement. If it does lift the requirement, I'm willing to guess that it won't last more than a few weeks (or ever take effect) because government will appeal.

I could well be wrong, and I wouldn't be surprised by a lot of potential forms of a decision that could be described as a win by the plaintiffs even if it has no practical effect for anyone travelling in the short term.

So a warning: no-one should plan on the basis of this removing the requirement. (Wouldn't blame anyone for waiting to see, of course)

I'd guess 90% likely court will just deny this request, and 9% they require the government to 'do something' to allow Canadians who can't afford the reservation to fly. (With no or loose specific time requirements, i.e. won't take effect immediately, and govt will appeal anyway)

Again, not a lawyer, so only a guess. (I could be more nuanced here as I think there are some real issues, but who ever heard of nuance on the internet)