Mandatory Quarantine Case Dismissed by Chief Justice

A section of Bermuda’s Constitution reads that “ no one should be hindered in their freedom of movement throughout Bermuda or their right to enter Bermuda . . . [but] the imposition of restrictions on movement or residence in Bermuda or on the right to leave Bermuda of persons generally or of any class of persons that are reasonably required . . . in the interest of public safety, defence, public order, public morality or public health.”

Chief Justice Narinder Hargun was tasked with determining whether or not the Bermuda Government’s mandatory 14-day paid hotel quarantine policy for unvaccinated travellers is truly reasonably required in order to maintain public health.

Reviewing and taking into consideration all of the evidence presented to him by Courtney Griffiths QC and Mark Pettingill on behalf of the applicants, and Delroy Duncan QC and Ryan Hawthorne on behalf of the respondents, who happen to be the Bermuda Government in this case, during Wednesday July 7 and Thursday July 8, Justice Hargun passed his ruling earlier today.

“ As presently advised . . . for the reasons set out above, the Court concludes that the Amendment Order [to Bermuda’s Constitution] is reasonably justifiable in a democratic society,” the judgment read.

“ Having regard to the findings made by the Court in this judgement, the Applicants’ application for a declaration that the mandatory quarantine period for unvaccinated travellers pursuant to the Quarantine Amendment (No. 2) Order of 2021 violates the Applicants’ fundamental rights is hereby dismissed. The Court will hear any application in relation to costs, if required,” it concluded.
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