Horgan can limit travel into B.C., say experts
But premier can't leave decision to health officials
Legal experts say Premier John Horgan should be able to ban non-essential travel into B.C. from other provinces, meaning the political hot potato may soon return to his lap after he indicated government was seeking legal advice on the matter.
“To claim that he's uncertain may be a time buyer,” Gerald Baier, a University of B.C. political scientist, said Friday.
“But I think British Columbians might be getting a little tired of that position.”
Horgan said last week he wanted to put the question of interprovincial travel restrictions, one that has come up frequently during the COVID19 pandemic, but particularly as case numbers in other provinces rise, “to rest.”
The issue needs to be resolved, he said, “so British Columbians understand we cannot do that and we're not going to do that, or there is a way to do it and we're going to work with other provinces to achieve it.”
But Baier said Horgan should already know travel restrictions are possible, given that there have been bans in place in Atlantic Canada since last spring.
In September, a decision by a Newfoundland judge upheld the ban limiting travel into that province, although the Canadian Civil Liberties Association is appealing the ruling.
“One of the things about our political system is that when you have a majority government, you don't have to hem and haw,” said Baier.
While the NDP government has earned praise for its decision to make health officials the face of B.C.'s pandemic response, this decision ultimately falls to government, he said.
“The premier may have to bite the bullet on this one.”
Constitutional law expert Joel Bakan said he also believes Horgan can legally restrict non-essential travel into B.C. from other provinces as mobility rights allow people to move to any province and pursue the gaining of livelihood in any province, but do not extend to tourism.
In addition to that, a citizen's mobility rights can be limited in times of crisis when there is a benefit to the greater society to do so.
“A pandemic will always be a good argument,” said Bakan, a professor at UBC's Peter A. Allard School of Law.
As it stands now, public health officials are recommending against travel within B.C., but people are free to come into the province from other provinces without quarantining.