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Canadian-American couple forced apart at border after they couldn’t prove common-law status

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Canadian Stephen Barkey and American Cathy Kolsch say they’re devastated after being forced apart when they tried to cross the Canada-U.S. border on Monday.

“We don’t know when we’re going to be reunited,” said Barkey, a 65-year-old retired sales rep. “It feels like my whole life has been ripped apart.”

The couple, who had been living together in the U.S., tried to cross the border from North Dakota into Saskatchewan after Canada loosened its travel restrictions to allow immediate family to enter the country. But Kolsch was denied entry to Canada because the couple wasn’t able to prove she is Barkey’s common-law partner.

When they turned back to re-enter the U.S., Barkey was then denied entry because the U.S. land border is now closed to Canadian visitors. Consequently, the couple was forced to separate and return to their respective countries.

“We were screaming and sobbing and pleading,” said Kolsch, a 61-year-old retired paramedic. “It’s inhumane what happened to us.”

Barkey and Kolsch are one of many cross-border couples separated during the pandemic. To help stop the spread of the coronavirus, Canada currently prohibits foreigners from entering the country for non-essential travel.

The federal government loosened the rules on June 8 to allow foreigners to visit immediate family in Canada — including spouses and common-law partners. However, many cross-border couples have been dismayed to discover that their relationship doesn’t qualify.

“We are together. We are common-law,” Kolsch said.

 

Canadian Steve Barkey and his American partner live in an RV and split their time between Canada and the U.S. before the COVID-19 pandemic hit. (submitted by Cathy Kolsch)

 

To qualify as common-law, unmarried couples must prove that they’ve lived together for at least one year.

Barkey and Kolsch said they have lived together for a year-and-a-half in their recreational vehicle (RV), mainly splitting their time between Barrie, Ont. and California.

When the pandemic hit and the Canada-U.S. land border closed to non-essential traffic, Barkey stayed in the U.S. with Kolsch. But after the Canadian government revised its travel restrictions, the couple drove their RV to the Saskatchewan border, confident they would qualify as a common-law couple.

Although they came armed with proof of their life together, including receipts for the campgrounds they’ve stayed at, the couple said they didn’t pass the test.

The border officer wanted to see a rental agreement or mortgage documents — which the RV dwellers couldn’t provide, Barkey said.

“We’re being discriminated against because we live in an RV.”

‘We felt like criminals’

The couple’s situation went from bad to worse when they tried to re-enter the U.S., and Barkey was denied entry.

“We were both just holding each other and crying and shaking,” he said.” We felt like criminals.”

Forced to go their separate ways, Barkey drove the RV to a friend’s farm in Grenfell, Sask., to self-isolate for 14 days.

Kolsch was stuck at the North Dakota border, homeless and alone. She said she spent about $1,000 on a taxi, hotel and then a flight two days later to California to stay with friends.

WATCH | ‘Travel bubble’ in Atlantic Canada important to reopening economy:

Atlantic Canadians should be able to travel within the four provinces sometime in early July, P.E.I. Premier Dennis King said. Globe and Mail health columnist Andre Picard says such a travel bubble is the logical conclusion to gradually lifting COVID-19 restrictions.  7:49

“We just cry every time we talk to each other,” said Kolsch, who speaks with Barkey by phone multiple times a day. “This is unjust.”

Canada Border Services Agency (CBSA) told CBC News that foreigners must satisfy border officers that they meet the requirements to enter Canada.

When asked what documents cross-border couples need to provide to prove their common-law status, CBSA couldn’t provide a definitive list. Instead, the agency offered suggestions such as a common-law status certificate or documents showing a shared residential address.

Many couples still separated

No amount of documentation can help David Poon of Regina and his Irish partner, Alexandria Aquino of Dublin. The couple hasn’t lived together long enough to qualify as a common-law couple.

Frustrated by their situation, Poon and Aquino founded the organization Advocacy for Family Reunification at the Canadian Border. Poon said hundreds of the group’s 1,600 members are still separated from their loved ones, despite Canada loosening the rules for immediate family members.

“As the world gets more scary and more difficult, the one thing they wish is to embrace their partner,” said Poon, a 34-year-old physician.

 

David Poon of Regina and his Irish partner Alexandria Aquino founded the organization Advocacy for Family Reunification at the Canadian Border. (submitted by David Poon)

 

The organization has started a House of Commons petition asking the federal government to allow all committed cross-border couples to reunite in Canada.

“I do not believe the government set out to exclude us,” Poon said. “I believe we have just been lost in the technicalities.”

CBSA said the government understands the challenges cross-border families face during the pandemic but that the current travel restrictions are required to help stop the spread of COVID-19.

“These are unprecedented times, and the measures imposed were done so in light of potential public health risks,” CBSA spokesperson Rebecca Purdy said in an email.

The Canada-U.S. land border remains closed to non-essential traffic until July 21 and that date may be extended. But Barkey and Kolsch haven’t given up hope they can soon be reunited.

Barkey could fly to the U.S., as the U.S. has only closed its shared land border with Canada. But he’s too afraid to try, concerned he has been flagged after being denied entry. So Kolsch is gathering more documents of their life together, hoping she can convince CBSA that she meets the requirements to join her partner in Canada.

“I should be there with him,” Kolsch said. “I know we qualify as a couple.”

Source: – CBC.ca

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Eby wants all-party probe into B.C. vote count errors as election boss blames weather

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Premier David Eby is proposing an all-party committee investigate mistakes made during the British Columbia election vote tally, including an uncounted ballot box and unreported votes in three-quarters of the province’s 93 ridings.

The proposal comes after B.C.’s chief electoral officer blamed extreme weather, long working hours and a new voting system for human errors behind the mistakes in last month’s count, though none were large enough to change the initial results.

Anton Boegman says the agency is already investigating the mistakes to “identify key lessons learned” to improve training, change processes or make recommendations for legislative change.

He says the uncounted ballot box containing about 861 votes in Prince George-Mackenzie was never lost, and was always securely in the custody of election officials.

Boegman says a failure in five districts to properly report a small number of out-of-district votes, meanwhile, rippled through to the counts in 69 ridings.

Eby says the NDP will propose that a committee examine the systems used and steps taken by Elections BC, then recommend improvements in future elections.

“I look forward to working with all MLAs to uphold our shared commitment to free and fair elections, the foundation of our democracy,” he said in a statement Tuesday, after a news conference by Boegman.

Boegman said if an independent review does occur, “Elections BC will, of course, fully participate in that process.”

He said the mistakes came to light when a “discrepancy” of 14 votes was noticed in the riding of Surrey-Guildford, spurring a review that increased the number of unreported votes there to 28.

Surrey-Guildford was the closest race in the election and the NDP victory there gave Eby a one-seat majority. The discovery reduced the NDP’s victory margin from 27 to 21, pending the outcome of a judicial review that was previously triggered because the race was so close.

The mistakes in Surrey-Guildford resulted in a provincewide audit that found the other errors, Boegman said.

“These mistakes were a result of human error. Our elections rely on the work of over 17,000 election officials from communities across the province,” he said.

“Election officials were working 14 hours or more on voting days and on final voting day in particular faced extremely challenging weather conditions in many parts of the province.

“These conditions likely contributed to these mistakes,” he said.

B.C.’s “vote anywhere” model also played a role in the errors, said Boegman, who said he had issued an order to correct the results in the affected ridings.

Boegman said the uncounted Prince George-Mackenzie ballot box was used on the first day of advance voting. Election officials later discovered a vote hadn’t been tabulated, so they retabulated the ballots but mistakenly omitted the box of first-day votes, only including ballots from the second day.

Boegman said the issues discovered in the provincewide audit will be “fully documented” in his report to the legislature on the provincial election, the first held using electronic tabulators.

He said he was confident election officials found all “anomalies.”

B.C. Conservative Party Leader John Rustad had said on Monday that the errors were “an unprecedented failure by the very institution responsible for ensuring the fairness and accuracy of our elections.”

Rustad said he was not disputing the outcomes as judicial recounts continue, but said “it’s clear that mistakes like these severely undermine public trust in our electoral process.”

Rustad called for an “independent review” to make sure the errors never happen again.

Boegman, who said the election required fewer than half the number of workers under the old paper-based system, said results for the election would be returned in 90 of the province’s 93 ridings on Tuesday.

Full judicial recounts will be held in Surrey-Guildford and Kelowna-Centre, while a partial recount of the uncounted box will take place in Prince George-Mackenzie.

Boegman said out-of-district voting had been a part of B.C.’s elections for many decades, and explained how thousands of voters utilized the province’s vote-by-phone system, calling it a “very secure model” for people with disabilities.

“I think this is a unique and very important part of our elections, providing accessibility to British Columbians,” he said. “They have unparalleled access to the ballot box that is not found in other jurisdictions in Canada.”

This report by The Canadian Press was first published Nov. 5, 2024.



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Memorial set for Sunday in Winnipeg for judge, senator, TRC chair Murray Sinclair

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WINNIPEG – A public memorial honouring former judge, senator and chair of the Truth and Reconciliation Commission into residential schools, Murray Sinclair, is set to take place in Winnipeg on Sunday.

The event, which is being organized by the federal and Manitoba governments, will be at Canada Life Centre, home of the NHL’s Winnipeg Jets.

Sinclair died Monday in a Winnipeg hospital at the age of 73.

A teepee and a sacred fire were set up outside the Manitoba legislature for people to pay their respects hours after news of his death became public. The province has said it will remain open to the public until Sinclair’s funeral.

Sinclair’s family continues to invite people to visit the sacred fire and offer tobacco.

The family thanked the public for sharing words of love and support as tributes poured in this week.

“The significance of Mazina Giizhik’s (the One Who Speaks of Pictures in the Sky) impact and reach cannot be overstated,” the family said in a statement on Tuesday, noting Sinclair’s traditional Anishinaabe name.

“He touched many lives and impacted thousands of people.”

They encourage the public to celebrate his life and journey home.

A visitation for extended family, friends and community is also scheduled to take place Wednesday morning.

Leaders from across Canada shared their memories of Sinclair.

Premier Wab Kinew called Sinclair one of the key architects of the era of reconciliation.

Prime Minister Justin Trudeau said Sinclair was a teacher, a guide and a friend who helped the country navigate tough realities.

Sinclair was the first Indigenous judge in Manitoba — the second in Canada.

He served as co-chair of the Aboriginal Justice Inquiry of Manitoba to examine whether the justice system was failing Indigenous people after the murder of Helen Betty Osborne and the police shooting death of First Nations leader J.J. Harper.

In leading the Truth and Reconciliation Commission, he participated in hundreds of hearings across Canada and heard testimony from thousands of residential school survivors.

The commissioners released their widely influential final report in 2015, which described what took place at the institutions as cultural genocide and included 94 calls to action.

This report by The Canadian Press was first published Nov. 5, 2024.

The Canadian Press. All rights reserved.



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House of Commons committee looks to recall Tom Clark about New York City condo

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OTTAWA – Members of Parliament studying the federal government’s decision to buy a $9-million luxury condo in Manhattan are preparing to recall Canada’s consul general in New York to answer more questions about his involvement in the purchase.

The Conservatives put forward a motion on Tuesday to have Tom Clark return to the House operations committee. The move was supported by other opposition parties after new information emerged that contradicted his previous testimony.

Clark told the committee in September he had no role whatsoever in the purchase of the new condo, or the sale of the previous residence.

But reporting from Politico on Tuesday indicated Clark raised concerns about the old unit two months after he was appointed to his role as Canada’s representative in New York.

Politico cited documents obtained through access-to-information, which were then shared with other media by the Conservative party.

A May 2023 report from Global Affairs Canada indicates Clark informed government officials the residence needed to be replaced.

“The current (consul general in New York, head of mission) expressed concerns regarding the completion of the … kitchen and refurbishment project and indicated the unit was not suitable to be the (consul general’s) accommodations,” the report reads.

“It does not have an ideal floor plan for (consul general in New York) representational activities.”

The final call on whether Clark will face further questions has not been made, however, because the committee adjourned before the motion went to a vote. The committee’s next meeting is next week.

Tuesday’s meeting featured Foreign Affairs Minister Mélanie Joly as a witness, and she faced questions about Clark’s involvement in the purchase.

“This was not a political decision because this was an operational decision,” Joly told the committee in a testy exchange with Conservative MP Michael Barrett.

“(The committee) had numerous people, officials of mine, that came to see you and said that. So, these are the facts.”

Joly later told the committee she only learned of the decision to purchase a new residence through media reports, even though her chief of staff was notified weeks earlier.

“The department informed my chief of staff once the decision was taken. Because, of course, it was not a political decision,” Joly said.

Shortly before Joly was excused, Conservative MP Stephanie Kusie put forward the motion to recall Clark for two more hours to answer more questions.

Bloc MP Julie Vignola proposed instead to have him testify for only one hour — indicating she would support the motion with that change.

“One hour is more than enough to know whether he lied to us,” Vignola told her colleagues in French.

NDP MP Taylor Bachrach also said he would support the move, given the contrast between the new report and Clark’s testimony about whether he spoke to anyone about a desire to move into a new residence.

“What really irks me is the consul general was so clear in response to repeated questioning at committee,” Bachrach said.

“Mr. Clark said, ‘Never.’ One-word answer, ‘Never.’ You can’t get more unequivocal than that.”

The Liberal government has argued that buying the new residence will save Canadians taxpayers millions of dollars and reduce ongoing maintenance costs and property taxes while supporting future program needs for the consul general.

The former official residence is listed for sale at $13 million, but has yet to be sold.

In her remarks Tuesday, Joly told the committee other like-minded countries have paid more for their Manhattan residences than Canada has — including $11 million for the U.K., and France’s $19 million purchase in 2015.

Joly said among the countries that have residences in New York, only Afghanistan and Bangladesh were not located in Manhattan.

This report by The Canadian Press was first published Nov. 5, 2024.

The Canadian Press. All rights reserved.



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