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Canada-U.S. border rules: Why some travellers get to cross while others are shut out – CBC.ca

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Kim Zavesky is desperate to return to her home in Golden, B.C.

After retiring last year, she and her husband — both Americans — sold their house in Chandler, Ariz., and moved most of their belongings to their second home in Golden, in southeastern British Columbia.

The plan was to rent a place in the United States for the first part of the year and spend the rest of the year in Golden. But then the Canada-U.S. border closed to non-essential traffic in March due to the COVID-19 pandemic, blocking the couple from accessing their Canadian property.

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“All my stuff is there, all my documents except for my passport,” Zavesky said. “It’s like not being able to go home.”

Adding to her frustration is the fact that, despite the border closure, Canadians can still fly to the U.S for leisure travel. That includes snowbirds who are currently flocking to the Sunbelt states.

“The unfairness of it really bothers me,” Zavesky said. “Whatever the rules are, I just feel like it should be the same.”

Americans Kim Zavesky and her husband, Paul, are prohibited from entering Canada to visit their home in Golden, B.C., under policies the federal government put in place after the Canada-U.S. border closed to non-essential traffic in March due to the COVID-19 pandemic. (Submitted by Kim Zavesky)

Although Canada and the U.S. agreed to close their shared border to non-essential travel during the pandemic, they each crafted their own policies. That has sparked some confusion and frustration because the rules vary — depending on which border you’re crossing.

Political scientist Don Abelson said the different rules between the two countries isn’t surprising.

“You’re still dealing with two sovereign countries who have jurisdiction over their own border, and they certainly have jurisdiction and responsibility for developing their own policies,” said Abelson, a professor at St. Francis Xavier University in Antigonish, N.S. 

Snowbirds OK to fly south

The Canada-U.S. land border is set to stay closed until Dec. 21, and Prime Minister Justin Trudeau implied on Tuesday that the date could be extended.

“The [COVID-19] situation in the United States continues to be extremely serious,” he said on CBC Radio’s The Current.

Since the start of the border closure, the Canadian government has barred Americans from entering for non-essential travel by all modes of transport.

But while the U.S. has barred Canadian travellers from crossing by land, it still allows them to fly into the country. The U.S. has declined to tell CBC News why it made this decision, but in general, its air travel restrictions are less stringent than Canada’s.

Despite soaring COVID-19 infections in the U.S., a number of Canadians have taken advantage of the flying exemption, including snowbirds who are heading south to escape the Canadian winter.

“No way in hell we’re staying here,” said Claudine Durand of Lachine, Que.

Snowbirds Claudine Durand and her husband, Yvon Laramée, of Lachine, Que., travel to Florida each winter for two months. Durand says they’re still going this year, despite the pandemic. (Submitted by Claudine Durand)

If the land border is still closed when Durand and her husband head to Florida in late January, they plan to use a new service offered by Transport KMC. The Quebec company flies snowbirds — and transports their vehicles — across the Quebec-New York border.

“Basically, it solves our problem because we want to take our RV down,” Durand said, adding that she plans to take all COVID-19 safety precautions while in Florida.

The federal government advises Canadians not to travel abroad for non-essential travel during the pandemic but says it can’t prevent people from leaving.

Those who do must quarantine for 14 days upon their return to Canada.

Family exemptions

Canada and the U.S. also have different rules for family member exemptions.

Following protests from families separated by the border shutdown, the Canadian government loosened its travel restrictions in June to allow Americans with certain immediate family in Canada to enter the country for any reason by both land and air.

In October, the government further widened the exemptions to include additional family members, as well as couples who’ve been together for at least a year.

Conversely, the U.S. offers no exemptions for Canadians crossing into the country by land to visit family, unless they’re tending to a sick relative.

U.S. immigration lawyer Len Saunders suggests the U.S. hasn’t bothered to loosen the restrictions as the pandemic drags on because separated family members can still fly to the country.

“There’s a huge alternative,” said Saunders, who’s based in Blaine, Wash. “There’s no restrictions on flying.”

WATCH | Some Canadians decide to spend winter in U.S. amid COVID-19:

The COVID-19 pandemic isn’t stopping some Canadian snowbirds from heading to the U.S. this winter, but they’re not all willing to take the risk for warmer weather. 2:07

One affected group that has found no way around the federal government’s travel restrictions are Americans who own property in Canada. Some of them argue they, too, should get an exemption to enter the country.

“I pay [property] taxes. I would more than live by the rules,” said Zavesky, who points out she has a place where she can quarantine for 14 days — her home in Golden, B.C.

Mark Brosch of Atlanta owns a cottage in Muskoka Lakes, Ont. He said he believes he should be allowed to enter Canada so he can check on a property that has sat vacant for 10 months.

“I get across the border and I go to my cottage and quarantine for 14 days,” he said. “I am less of a risk to the public in Muskoka than the people that travel back and forth from Toronto every weekend.”

Mark and Sandra Brosch of Atlanta are shown at their cottage in Muskoka Lakes, Ont., during a previous summer. This year, the American couple can’t visit their property due to the border shutdown. (Submitted by Mark Brosch)

When asked about property owners, the Public Health Agency of Canada told CBC News in an email that U.S. visitors will be allowed to re-enter Canada when it’s deemed safe to do so.

“Travel into Canada for tourism and recreation purposes is currently prohibited, regardless of the ability of the traveller to quarantine for the full 14 days upon arrival,” spokesperson Tammy Jarbeau said. 

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Ontario Legislature keffiyeh ban remains in place – CBC.ca

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Keffiyehs remain banned in the Ontario Legislature after a unanimous consent motion that would have allowed the scarf to be worn failed to pass at Queen’s Park Thursday.

That vote, brought forth by NDP Leader Marit Stiles, failed despite Premier Doug Ford and the leaders of the province’s opposition parties all stating they want to see the ban overturned. Complete agreement from all MPPs is required for a motion like this to pass, and there were a smattering of “nos” after it was read into the record.

In an email on Wednesday, Speaker Ted Arnott said the legislature has previously restricted the wearing of clothing that is intended to make an “overt political statement” because it upholds a “standard practice of decorum.”

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“The Speaker cannot be aware of the meaning of every symbol or pattern but when items are drawn to my attention, there is a responsibility to respond. After extensive research, I concluded that the wearing of keffiyehs at the present time in our Assembly is intended to be a political statement. So, as Speaker, I cannot authorize the wearing of keffiyehs based on our longstanding conventions,” Arnott said in an email.

Speaking at Queen’s Park Thursday, Arnott said he would reconsider the ban with unanimous consent from MPPs.

“If the house believes that the wearing of the keffiyeh in this house, at the present time, is not a political statement, I would certainly and unequivocally accept the express will of the house with no ifs, ands or buts,” he said.

Keffiyehs are a commonly worn scarf among Arabs, but hold special significance to Palestinian people. They have been a frequent sight among pro-Palestinian protesters calling for an end to the violence in Gaza as the Israel-Hamas war continues.

Premier calls for reversal

Ford said Thursday he’s hopeful Arnott will reverse the ban, but he didn’t say if he would instruct his caucus to support the NDP’s motion.

In a statement issued Wednesday, Ford said the decision was made by the speaker and nobody else.

“I do not support his decision as it needlessly divides the people of our province. I call on the speaker to reverse his decision immediately,” Ford said.

WATCH | Ford talks Keffiyeh ban: 

Ford says division over keffiyeh ‘not healthy’

19 hours ago

Duration 1:20

Ontario Premier Doug Ford reiterated Thursday that he does not support Speaker Ted Arnott banning keffiyehs in the Ontario Legislature because they are “intended to be a political statement,” as Arnott said in an email Wednesday.

PC Party MPP Robin Martin, who represents Eglinton–Lawrence, voted against the unanimous consent motion Thursday and told reporters she believes the speaker’s initial ruling was the correct one.

“We have to follow the rules of the legislature, otherwise we politicize the entire debate inside the legislature, and that’s not what it’s about. What it’s about is we come there and use our words to persuade, not items of clothing.”

When asked if she had defied a directive from the premier, Martin said, “It has nothing to do with the premier, it’s a decision of the speaker of the legislative assembly.”

Stiles told reporters Thursday she’s happy Ford is on her side on this issue, but added she is disappointed the motion didn’t pass.

“The premier needs to talk to his people and make sure they do the right thing,” she said.

Robin Martin answers questions from reporters.
PC Party MPP Robin Martin voted against a unanimous consent motion Thursday that would have overturned a ban on Keffiyehs at Queen’s Park. (Pelin Sidki/CBC)

Stiles first urged Arnott to reconsider the ban in an April 12 letter. She said concerns over the directive first surfaced after being flagged by members of her staff, however they have gained prominence after Sarah Jama, Independent MPP for Hamilton Centre, posted about the issue on X, formerly Twitter.

Jama was removed from the NDP caucus for her social media comments on the Israel-Hamas war shortly after Oct. 7. 

Jama has said she believes she was kicked out of the party because she called for a ceasefire in Gaza “too early” and because she called Israel an “apartheid state.”

Arnott told reporters Thursday that he began examining a ban on the Keffiyeh after one MPP made a complaint about another MPP, who he believes was Jama, who was wearing one.

Liberals also call for reversal

Ontario Liberal Leader Bonnie Crombie also called for a reversal of the ban on Wednesday night.

“Here in Ontario, we are home to a diverse group of people from so many backgrounds. This is a time when leaders should be looking for ways to bring people together, not to further divide us. I urge Speaker Arnott to immediately reconsider this move to ban the keffiyeh,” Crombie said.

WATCH | An explainer on the cultural significance of keffiyehs:  

Keffiyeh: How it became a symbol of the Palestinian people

4 months ago

Duration 3:08

Keffiyehs are a common garment across the Arab world, but they hold a special meaning in the Palestinian resistance movement.

Stiles said MPPs have worn kilts, kirpans, vyshyvankas and chubas in the legislature, saying such items of clothing not only have national and cultural associations, but have also been considered at times as “political symbols in need of suppression.”

She said Indigenous and non-Indigenous members have also dressed in traditional regalia and these items cannot be separated from their historical and political significance. 

“The wearing of these important cultural and national clothing items in our Assembly is something we should be proud of. It is part of the story of who we are as a province,” she said.

“Palestinians are part of that story, and the keffiyeh is a traditional clothing item that is significant not only to them but to many members of Arab and Muslim communities. That includes members of my staff who have been asked to remove their keffiyehs in order to come to work. This is unacceptable.”

Stiles added that House of Commons and other provincial legislatures allow the wearing of keffiyehs in their chambers and the ban makes Ontario an “outlier.”

Suppression of cultural symbols part of genocide: MPP

Jama said on X that the ban is “unsurprising” but “nonetheless concerning” in a country that has a legacy of colonialism. “Part of committing genocide is the forceful suppression of cultural identity and cultural symbols,” she said in part. 

Sarah Jama
Sarah Jama, Independent MPP for Hamilton Centre, is pictured here outside her office in the Ontario Legislature wearing a keffiyeh. (Sarah Jama/Twitter)

“Seeing those in power in this country at all levels of government, from federal all the way down to school boards, aid Israel’s colonial regime with these tactics in the oppression of Palestinian people proves that reconciliation is nothing but a word when spoken by state powers,” she said.

Amira Elghawaby, Canada’s Special Representative on Combatting Islamophobia, said on X that it is “deeply ironic” on that keffiyehs were banned in the Ontario legislature on the 42nd anniversary of Canada’s Charter of Rights and Freedoms.

“This is wrong and dangerous as we have already seen violence and exclusion impact Canadians, including Muslims of Palestinian descent, who choose to wear this traditional Palestinian clothing,” Elghawaby said.

Protesters who blocked a rail line in Toronto on Tuesday wear keffiyehs. The protest was organized by World Beyond War on April 16, 2024.
Protesters who blocked a rail line in Toronto on Tuesday are shown here wearing keffiyehs. The protest was organized by World Beyond War on April 16, 2024. (Evan Mitsui/CBC)

Arnott said the keffiyeh was not considered a “form of protest” in the legislature prior to statements and debates that happened in the House last fall.

“These items are not absolutes and are not judged in a vacuum,” he said.

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New Peggys Cove bylaw brought in amidst complaints of unfairness – CBC.ca

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Peggys Cove now has a new bylaw to guide development and protect the iconic fishing village’s heritage, but some say the process to create those rules was unfair.

After more than two years of consultation and five different drafts, this week the province approved a new land-use bylaw that will replace one from 2003.

It aims to preserve the “authentic, traditional fishing village” spirit of the cove, while allowing commercial uses where residents can benefit financially from the thousands of tourists who flock to see the area and lighthouse.

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But Paul Paruch is one of many who have voiced concerns about conflicts of interest with the Peggy’s Cove Commission, which led the process with support from Upland Planning consultants.

“[I’m] very disappointed, let down,” Paruch said Thursday.

Paruch and his wife, Claire, had hoped to see their property zoned commercial, as Claire has run a hotdog stand there for years. The couple bought a home there with plans to retire and also rent it out, Paruch said, which would also not be allowed.

A map of various colours with the Peggy's Cove peninsula and roads
A map of the new land-use for Peggys Cove shows new zoning in red along the main road through the village. The new zoning would enable a mix of residential, commercial and community amenity uses. The yellow-green marked with “R” represents residential zoning, with the olive colour showing conservation areas. (Upland Planning/Peggy’s Cove Commission)

A map of current zoning in Peggys Cove
A 2017 map shows the former zoning rules in Peggys Cove. (Province of Nova Scotia)

The new bylaw addresses everything from dwelling size to regulations on building materials. It also has turned many residential lots along Peggys Point Road into mixed-use “core” zoning that would allow for commercial, residential and community purposes.

Vendors and buskers are no longer allowed in the cove, unless they’re accessory to a special event.

Brian Cottam said the new bylaw is a major blow for him and his wife, Kelly Westhaver. Although an early draft of the bylaw zoned their land at 173 Peggys Point Road as commercial, that changed to residential after other residents voiced concerns about having that zoning so close to the lighthouse.

A sale of $1.3 million fell through on the land because a core designation was a condition of the purchase, Cottam said.

“This sale was going to allow us the ability to relax a little and enjoy life, but that has been stripped away,” he said in an email.

Bylaw ‘effectively expropriates’ private land: lawyer

Another property owner, Eleanor McCain, will be getting the commercial zoning she pushed for to allow for new businesses.

However, a lawyer for McCain did raise concerns about how the conservation zone was applied to the rocky waterfront side of her client’s land and many others in the cove. Nancy Rubin of Stewart McKelvey said in a letter to the commission the move “effectively expropriates” private land without any evidence of why it was needed or if it was based on any scientific studies. 

Paruch, Cottam and McCain have argued the commission members who run their own commercial enterprises, or are connected to businesses in the cove, are in direct conflicts of interest. The commission is made up of residents, the sitting councillor and representatives from the province to make decisions on changes in the area.

Three commission members must be from the community, but where there’s about 40 permanent residents, it is hard to avoid friendships and family ties.

The Nova Scotia ombudsman’s office is investigating the commission following recent complaints. Both Paruch and Cottam said they had hoped this independent report would lead to the province rejecting the proposed bylaw.

But John Campbell, a lifelong cove resident and owner of the Sou’wester Restaurant in the village and other properties, said the bylaw strikes the right balance.

A white man with red hair and a striped shirt stands outside with people standing on white rocks behind him
John Campbell owns the Sou’wester gift shop and restaurant in Peggys Cove. (CBC)

“I think overall it’s going to be a good thing, but you know when you go through a process like this, not everybody’s going to be happy,” Campbell said. 

Campbell said he’s become an “easy target” for the arguments around conflicts of interest, as his daughter Nicole Campbell is commission chair. He said he didn’t get everything he wanted in the new bylaw, pointing out that his request for land to be zoned commercial near the lighthouse was refused.

Campbell agreed that something should change with the makeup of the commission to avoid conflicts in the future, but more analysis should be done on what the fairest approach is.

“It’s a very unique place, Peggys Cove, and you know it’s good to have discussions about it,” Campbell said. “It’s my community that I grew up in, and my closest friends are in, and you know I feel like I could make a living there.”

Economic Development Minister Susan Corkum-Greek said she has faith in the commission’s process, and nothing in the draft report from the ombudsman prevents her from approving the bylaw.

She said the province is also looking at modernizing the legislation governing the commission and the area.

“I think this is an important step, but … it is a first step,” Corkum-Greek told reporters Thursday.

The bylaw will see a new development officer appointed to handle permits and variance requests, while anyone who wants to change their zoning can apply to the commission.

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Ontario Legislature keffiyeh ban remains, though Ford and opposition leaders ask for reversal – CBC.ca

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Keffiyehs remain banned in the Ontario Legislature after a unanimous consent motion that would have allowed the scarf to be worn failed to pass at Queen’s Park Thursday.

That vote, brought forth by NDP Leader Marit Stiles, failed despite Premier Doug Ford and the leaders of the province’s opposition parties all stating they want to see the ban overturned. Complete agreement from all MPPs is required for a motion like this to pass, and there were a smattering of “nos” after it was read into the record.

In an email on Wednesday, Speaker Ted Arnott said the legislature has previously restricted the wearing of clothing that is intended to make an “overt political statement” because it upholds a “standard practice of decorum.”

300x250x1

“The Speaker cannot be aware of the meaning of every symbol or pattern but when items are drawn to my attention, there is a responsibility to respond. After extensive research, I concluded that the wearing of keffiyehs at the present time in our Assembly is intended to be a political statement. So, as Speaker, I cannot authorize the wearing of keffiyehs based on our longstanding conventions,” Arnott said in an email.

Speaking at Queen’s Park Thursday, Arnott said he would reconsider the ban with unanimous consent from MPPs.

“If the house believes that the wearing of the keffiyeh in this house, at the present time, is not a political statement, I would certainly and unequivocally accept the express will of the house with no ifs, ands or buts,” he said.

Keffiyehs are a commonly worn scarf among Arabs, but hold special significance to Palestinian people. They have been a frequent sight among pro-Palestinian protesters calling for an end to the violence in Gaza as the Israel-Hamas� war continues.

Premier calls for reversal

Ford said Thursday he’s hopeful Arnott will reverse the ban, but he didn’t say if he would instruct his caucus to support the NDP’s motion.

In a statement issued Wednesday, Ford said the decision was made by the speaker and nobody else.

“I do not support his decision as it needlessly divides the people of our province. I call on the speaker to reverse his decision immediately,” Ford said.

WATCH | Ford talks Keffiyeh ban: 

Ford says division over keffiyeh ‘not healthy’

12 hours ago

Duration 1:20

Ontario Premier Doug Ford reiterated Thursday that he does not support Speaker Ted Arnott banning keffiyehs in the Ontario Legislature because they are “intended to be a political statement,” as Arnott said in an email Wednesday.

PC Party MPP Robin Martin, who represents Eglinton–Lawrence, voted against the unanimous consent motion Thursday and told reporters she believes the speaker’s initial ruling was the correct one.

“We have to follow the rules of the legislature, otherwise we politicize the entire debate inside the legislature, and that’s not what it’s about. What it’s about is we come there and use our words to persuade, not items of clothing.”

When asked if she had defied a directive from the premier, Martin said, “It has nothing to do with the premier, it’s a decision of the speaker of the legislative assembly.”

Stiles told reporters Thursday she’s happy Ford is on her side on this issue, but added she is disappointed the motion didn’t pass.

“The premier needs to talk to his people and make sure they do the right thing,” she said.

Robin Martin answers questions from reporters.
PC Party MPP Robin Martin voted against a unanimous consent motion Thursday that would have overturned a ban on Keffiyehs at Queen’s Park. (Pelin Sidki/CBC)

Stiles first urged Arnott to reconsider the ban in an April 12 letter. She said concerns over the directive first surfaced after being flagged by members of her staff, however they have gained prominence after Sarah Jama, Independent MPP for Hamilton Centre, posted about the issue on X, formerly Twitter.

Jama was removed from the NDP caucus for her social media comments on the Israel-Hamas war shortly after Oct. 7. 

Jama has said she believes she was kicked out of the party because she called for a ceasefire in Gaza “too early” and because she called Israel an “apartheid state.”

Arnott told reporters Thursday that he began examining a ban on the Keffiyeh after one MPP made a complaint about another MPP, who he believes was Jama, who was wearing one.

Liberals also call for reversal

Ontario Liberal Leader Bonnie Crombie also called for a reversal of the ban on Wednesday night.

“Here in Ontario, we are home to a diverse group of people from so many backgrounds. This is a time when leaders should be looking for ways to bring people together, not to further divide us. I urge Speaker Arnott to immediately reconsider this move to ban the keffiyeh,” Crombie said.

WATCH | An explainer on the cultural significance of keffiyehs:  

Keffiyeh: How it became a symbol of the Palestinian people

4 months ago

Duration 3:08

Keffiyehs are a common garment across the Arab world, but they hold a special meaning in the Palestinian resistance movement.

Stiles said MPPs have worn kilts, kirpans, vyshyvankas and chubas in the legislature, saying such items of clothing not only have national and cultural associations, but have also been considered at times as “political symbols in need of suppression.”

She said Indigenous and non-Indigenous members have also dressed in traditional regalia and these items cannot be separated from their historical and political significance. 

“The wearing of these important cultural and national clothing items in our Assembly is something we should be proud of. It is part of the story of who we are as a province,” she said.

“Palestinians are part of that story, and the keffiyeh is a traditional clothing item that is significant not only to them but to many members of Arab and Muslim communities. That includes members of my staff who have been asked to remove their keffiyehs in order to come to work. This is unacceptable.”

Stiles added that House of Commons and other provincial legislatures allow the wearing of keffiyehs in their chambers and the ban makes Ontario an “outlier.”

Suppression of cultural symbols part of genocide: MPP

Jama said on X that the ban is “unsurprising” but “nonetheless concerning” in a country that has a legacy of colonialism. “Part of committing genocide is the forceful suppression of cultural identity and cultural symbols,” she said in part. 

Sarah Jama
Sarah Jama, Independent MPP for Hamilton Centre, is pictured here outside her office in the Ontario Legislature wearing a keffiyeh. (Sarah Jama/Twitter)

“Seeing those in power in this country at all levels of government, from federal all the way down to school boards, aid Israel’s colonial regime with these tactics in the oppression of Palestinian people proves that reconciliation is nothing but a word when spoken by state powers,” she said.

Amira Elghawaby, Canada’s Special Representative on Combatting Islamophobia, said on X that it is “deeply ironic” on that keffiyehs were banned in the Ontario legislature on the 42nd anniversary of Canada’s Charter of Rights and Freedoms.

“This is wrong and dangerous as we have already seen violence and exclusion impact Canadians, including Muslims of Palestinian descent, who choose to wear this traditional Palestinian clothing,” Elghawaby said.

Protesters who blocked a rail line in Toronto on Tuesday wear keffiyehs. The protest was organized by World Beyond War on April 16, 2024.
Protesters who blocked a rail line in Toronto on Tuesday are shown here wearing keffiyehs. The protest was organized by World Beyond War on April 16, 2024. (Evan Mitsui/CBC)

Arnott said the keffiyeh was not considered a “form of protest” in the legislature prior to statements and debates that happened in the House last fall.

“These items are not absolutes and are not judged in a vacuum,” he said.

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