At least a couple of Canadians who arrived home with improper COVID-19 tests have been placed in quarantine by the government, raising issues about human rights.

A story in the Toronto Sun on Wednesday detailed the story of a Canadiian named Steve Duesing, who said he landed at Toronto Pearson and was told he had the wrong kind of test.

Duesing said he spent $130 for a test in North Carolina, which was negative. He thought he had the right kind of test but the Public Health Agency of Canada said it wasn’t the correct type. The government of Canada in early January began requiring all passengers age five and over to present a negative PCR test for COVID-19 prior to getting on board a plane for Canada. The tests are supposed to be taken with 72 hours of someone’s scheduled departure.

Details about the correct type of tests people need are listed on government website, but it appears travellers – and agents at airports where Canadians are departing from – are confused.

Duesing said he was shuttled off to a hotel near Toronto Pearson and that he’s not allowed to leave his room. He apparently was sent a sandwich and a bottle of water for at least one meal and said that he’s not allowed to leave his room. There’s also a guard at the end of the hallway.

“I was escorted by police to a shuttle bus and taken to this hotel, which is fenced off from the public,” he said.

TravelPulse Canada checked out the government of Canada website that deals with the new quarantine issues. We found the rules weren’t exactly clear, and we were unable to find a section of the regulations that says what happens to someone who gets on board a Canada-bound plane with the wrong kind of test result and then gets stopped by Canadian authorities.

We then contacted the Canadian Civil Liberties Association (CCLA) for comment.

Cara Zwibel, the CCLA’s Director of Fundamental Freedoms, said in an email that the “various orders and rules that are in place are difficult to navigate and, of course, made harder by the fact that they are in a state of flux.”

Zwibel, however, said she believes the federal Order-in-Council that is in effect and likely speaks to the issue Duesing is facing can be found here.

“f you take a look at section 4, it seems to deem a person without a proper test to be someone who is unable to quarantine themselves (s. 4(1)(a)), and then in s. 4(2) says that those who are unable to quarantine themselves must follow certain directions related to quarantine, which I think would include the requirement to quarantine in a hotel like the situations you describe,” she wrote.

In a follow-up phone call, Zwibel said it’s tricky because these are not normal times with normal laws that the courts, for example, might rule on for clarity. Some recent laws have been passed quickly and are orders from federal Cabinet, she noted.

"Our biggest concern may be that the whole thing is premised on distrust. They’re suggesting people won’t properly quarantine at home, and I’m not sure the evidence supports that.”

One issue she mentioned is that there are “many actors” with a role to play in enforcing the rules, including airlines, Canada customs, public health officials, police and others. As we mentioned earlier, it appears that some airport workers, some of them scattered in destinations around the world and likely unfamiliar with Canadian law, are unsure what kind of test they need to look at before allowing a passenger on board a plane headed to Canada. Travellers also appear confused.

Zwibel said she could understand someone being sent into quarantine if they had falsified a test. But that doesn’t appear to be the case for Duesing, who seems to have made an honest mistake and spent money for the wrong kind of test. Is that someone who can’t be trusted to stay home for the required 14 days? Apparently, Canadian public health officials think so.

Zwibel said there are constitutional provisions that allow the federal government to quarantine someone.

“It likely means they can send you somewhere and keep you there.”

On the other hand, she said she thinks the government has done its best and is trying to respect people’s rights. Unlike some countries, Canada doesn’t demand that visitors undergo a 14-day quarantine at a hotel with a guard outside the door.

“I think they’re trying but I do sympathize with people. I understand the government doesn’t want people to go on vacation. I get that.”

Prime Minister Justin Trudeau has said Ottawa will soon require anyone flying into Canada to undergo testing at the airport and then go into a quarantine of about three days while they wait for test results. That quarantine will cost roughly $2,000, he said. If someone tests negative, they can go home and finish their mandatory 14-day quarantine that remains in place for anyone coming into Canada. They will, however, face increased surveillance. If someone tests positive for the virus, they’ll be sent to a federally-approved facility of some kind. It might be a hotel, but details have been sketchy.

Zwibel pointed out that the $2,000 fee is a fairly steep one, noting that it’s a price not everybody can afford.