Dr Leslyn Lewis: ArriveCAN might be illegal

We are currently living in a situation where Canadians are not free to enter their own country without completing a form that currently has no legal basis to exist.

Worse, Canadians are being fined and threatened at their own border for not submitting private medical information that the government has no right to demand.

While the term medical tyranny is mocked by some, it is a fair description of a government that refuses to follow their own law or even the mobility rights enshrined in our Charter of Rights and Freedoms.

The mandatory use of the ArriveCAN App, while always suspect, now seems completely unjustified in light of the fact that emergency orders have now been lifted. But our government insists in maintaining a quasi-emergency status in order to continue to justify this failed and potentially illegal experiment.

The ArriveCan App is Canada’s travel monitoring response to the World Health Organization’s declaration of Covid-19 as a global pandemic. ArriveCan’s “Privacy Notice” clearly states that it collects personal information in accordance with the Privacy Act. While government officials and border agents pretend that it is mandatory, the truth is that its use should be relegated solely to Emergency Orders and measures taken under the Quarantine Act.  If emergency powers are not invoked, I believe there is absolutely no legal grounds upon which a charge can be upheld for non-compliance with the App.The two circumstances where a Canadian needs to disclose their medical status upon entry are if there’s an emergency order in place requiring the mandatory disclosure of private medical information, or if there are grounds according to section 19(1), where a health assessment can only be requested based on reasonable or probable grounds “that the traveller has or might have a communicable disease or is infested with vectors, or has recently been in close proximity to a person who has or might have a communicable disease…”

Also, the traveller cannot be subjected to any examination that involves “the entry into the traveller’s body of any instrument or other foreign body.” According to this definition, the health assessment should largely be a discussion of any existing symptoms (section 14(1).

Perhaps the most disturbing thing about the App is that your information could be shared with “international health organizations as well as their institutions”:

Personal information may be disclosed to contractors working for the Public Health Agency of Canada and Service Canada as well as to the following entities: other government institutions, as well as provincial, territorial, municipal governments or international health organizations as well as their institutions for these purposes.” [Emphasis added]

Knowing that our government has already taken part in the WEF’s Known Traveller Digital ID Program (KTDI), many Canadians are concerned about where this program is headed and what information Justin Trudeau is already sharing with groups like the WEF and other international organizations?


There are many reasons to insist on the immediate elimination of the ArriveCAN App.

Firstly, there is no quantifiable emergency that makes it mandatory under the Quarantine Act.

Secondly, Canadians have a constitutional right to enter their own country by showing a valid passport to border agents. Any interference with that right must be substantiated. Simply saying “It helps”, is not proof.

Thirdly, Canadians have not yet been properly informed about the Known Traveller Digital ID Program, how ArriveCAN relates to this program and to which international organizations and institutions the information of Canadians is being submitted. 

Finally, it is very likely that the fines for non-compliance with downloading the App are a form of harassment and have no legal form or effect. I have been unable to find any precedent in a court of law where the courts have found guilty a healthy person under the Quarantine Act. Even more elusive are precedents under the same Act or the Contraventions Act, where governments insist on national quarantine policies where no emergency exists.

The continued mandatory use of the ArriveCAN App and the fines being levied against Canadians who refuse its use amount to governmental bullying and harassment.

The App’s privacy statement makes it clear that its mandatory nature can only be enforced during an emergency.

So I repeat, we currently are under no emergency measures. Therefore the mandatory requirement for the App is an infringement on our freedoms and constitutional rights.

Section 4 of the Quarantine Act states that it is invoked to take comprehensive measures to protect the public. Where is the data to support these comprehensive measures and the use of the App?

have made a petition to demand the government end this experiment, respect the privacy and rights of its citizen and cease their medical tyranny.

Will you support my fight?