Court upholds $5,750 fine for B.C. woman who refused COVID-19 test at border
The B.C. Supreme Court has rejected a woman's bid to overturn a $5,750 fine she received after refusing to undergo a COVID-19 test at the border.
The court heard Nora Donahue declined the PCR test while crossing into Canada from the U.S. last September, which resulted in her being ticketed under the Quarantine Act.
"She believes that it was wrong for the government to require her to take a PCR test, and that the rules established pursuant to the Quarantine Act violated her constitutional rights," Justice H. William Veenstra wrote in his decision, which was posted online this week.
At the time Donahue was fined, travellers were required to provide proof of a negative PCR test before entering the country. Some who were tested still faced thousands of dollars in fines because they used the wrong kind of test.
The court heard Donahue filed a dispute against her ticket in October 2021, but didn't attend the subsequent hearing in Surrey provincial court in January 2022, and that the fine was upheld.
Undeterred, she made another attempt to contest the ticket in April 2022, filing an application in provincial court in which she cited "lack of informed consent, personal health privacy violation, constitutional violation" as her defence. Donahue also argued she had been out of the country for months prior to her hearing and was never properly notified of the date.
That application was rejected.
Finally, Donahue brought the case to B.C. Supreme Court through a civil claim against the province's attorney general and the Insurance Corporation of British Columbia. Part of ICBC’s role is to collect fines on behalf of the government.
The defendants argued Donahue's case amounted to a "collateral attack" on the decision of another court, something that could only appropriately be challenged by way of a judicial review.
Veenstra agreed and dismissed the claim.
"While an unfortunate result for the plaintiff, it seems clear that this is a classic case of an action making a collateral attack on a valid decision of a court with authority," he wrote.
The possibility of Donahue challenging the fine through a judicial review is "a matter for which she should seek advice from appropriate sources," Veenstra added.
The judge also ordered Donahue to pay the defendants' costs.
CTVNews.ca Top Stories
Canadian gov't proposes new foreign influence registry as part of wide-spanning new bill
Prime Minister Justin Trudeau's government is proposing a suite of new measures and law changes aimed at countering foreign interference in Canada, amid extensive scrutiny over past meddling attempts and an ever-evolving threat landscape.
Boeing Starliner capsule's first crewed test flight postponed
The long-awaited first crewed test flight of Boeing's new Starliner space capsule was called off for at least 24 hours over a technical issue that launch teams were unable to resolve in time for the planned Monday night lift-off.
Teacher charged in historical sexual assault of Calgary teenage girl
Calgary police have charged a teacher with the alleged sexual assault of a teenage girl more than 20 years ago.
Winnipeg man admits to killing four women, argues he's not criminally responsible
Defence lawyers of Jeremy Skibicki have admitted in court the accused killed four Indigenous women, but argues he is not criminally responsible for the deaths by way of mental disorder – this latest development has triggered a judge-alone trial rather than a jury trial.
Man banned from owning animals after fatal Calgary dog attack
The owner of three Calgary dogs that got loose and mauled a woman to death in 2022 has been ordered to pay a $15,000 fine within one year and banned from owning any animal for 15 years.
East-end Ottawa family dealing with massive rat infestation
Residents in Ottawa’s Elmridge Gardens complex are dealing with a rat infestation that just won’t go away. Now, after doing everything they can to try to fix the issue, they are pleading with the city to step in and help.
Mediterranean staple may lower your risk of death from dementia, study finds
A daily spoonful of olive oil could lower your risk of dying from dementia, according to a new study by Harvard scientists.
An El Nino-less summer is coming. Here's what that could mean for Canada
As Canadians brace themselves for summer temperatures, forecasters say a weakening El Nino cycle doesn’t mean relief from the heat.
Newfoundland and Labrador latest province to tighten rules on Airbnbs
Newfoundland and Labrador is the latest jurisdiction to bring in stricter rules for short-term rentals, with a coming set of regulations that will force operators to register with the provincial government.