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Canadian-American couple reunited after compiling 250-page binder proving common-law status – CBC.ca

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Two weeks after border officers forced Canadian Stephen Barkey and American Cathy Kolsch to separate at the Canada-U.S. border, the couple has reunited. 

“We can’t stop smiling and just looking at each other,” said Kolsh, 61. She’s currently quarantining with Barkey, 65, in their recreational vehicle (RV), which is parked at a friend’s farm in Grenfell, Sask., located about 125 kilometres east of Regina.

It’s been a difficult journey for the couple, who has struggled to prove their common-law status to Canadian border officers. They said they finally won their case by spending $1,500 to hire a lawyer, who compiled a 250-page document detailing their life together.

“It was so painful,” said Kolsch of their ordeal. “My heart hurts for the [couples] who can’t get back together.”

To help stop the spread of COVID-19, Canada restricts foreigners from entering the country for non-essential travel. The Canada-U.S. land border also remains closed to non-essential traffic. 

Last month, Canada loosened its travel restrictions to allow foreigners to visit immediate family in Canada — including spouses and common-law partners.

To qualify as common law, couples must have lived together for at least a year and prove it with documentation, such as shared household bills, or a joint mortgage or lease.

The rules have led to frustration and heartache for couples who can’t easily prove their common-law status. 

‘I cried all the way’

Kolsch and Barkey said they’ve lived together for a year-and-a-half in their RV, dividing their time mainly between California and Barrie, Ont. As a result, they don’t have shared, monthly household bills or a mortgage.

The couple had been living in their RV in the U.S. when they first tried to cross the border from North Dakota into Saskatchewan on June 22. 

They said Kolsch was denied entry into Canada, because they didn’t have the right documentation to prove their common-law status. 

Then, when they turned back to re-enter the U.S., Barkey was denied entry because the U.S. land border is now closed to Canadian visitors. 

Consequently, the couple was forced to separate and retreat to their respective countries. 

“I drove away and I cried all the way,” said Barkey, who took the RV to Grenfell.

Barkey and Kolsch live together in an RV. They said they split their time between Canada and the U.S. before the COVID-19 pandemic hit. (submitted by Cathy Kolsch)

Desperate to reunite, Barkey and Kolsch hired a Canadian immigration lawyer who worked with them to compile 250 pages worth of documents into a binder detailing their year-and-a-half together. 

It included a timeline, date-stamped photos, receipts from RV campgrounds, testimonial letters from friends and a previous CBC News article detailing the couple’s struggle to prove their common-law status.

Kolsch then tried to enter Canada again, two weeks later on July 8. This time, she said she won over a border officer with the binder.

“He said, ‘I can see what you were doing here with the lawyer papers, the timeline, the pictures and the article. I know what you’re saying is truthful.’

“I let out a big sigh and tears flowed.”

The couple hired a lawyer to put together a 250-page binder detailing their lives together in order to prove their common-law status. (submitted by Cathy Kolsch)

The couple’s lawyer, Ali Esnaashari, suggested the Canadian government adopt more flexible common-law rules, so committed couples can more easily prove their status. 

“If the goal is to reunite immediate family members and that’s why it’s there, then we need to have a more broader interpretation, more flexible interpretation of what we’re considering common law.”

Canada Border Services Agency (CBSA) told CBC News the onus is on couples to prove they’ve been living together for at least one year. 

“It must be established in each individual case, based on the facts,” said CBSA spokesperson Jacqueline Callin in an email. 

1-year ban at the border

Kolsch and Barkey won their battle, but another cross border couple’s struggle to prove their common-law status has ended in defeat. 

American Joseph Norris of Malone, N.Y., said he and his Canadian partner, Andrea Parraga of Ottawa, have lived together for at least one year. However, they don’t have shared household bills, because they each own a home in their respective countries. Malone is about 125 km southeast of Ottawa. 

Norris, 45, tried to enter Canada at the Cornwall, Ont., crossing on June 25, but said he was denied entry because he didn’t have correct documentation. 

He was told he needed a shared mortgage or lease agreement, or an official document certifying the couple was common law, said Norris. 

So he dug up a common-law union document on the Canadian government’s website. 

American Joseph Norris of Malone, N.Y., and his Canadian partner, Andrea Parraga of Ottawa, say they are also having a difficult time proving their common-law status and have been forced to separate. (submitted by Joseph Norris)

Five days later, on June 30, Norris tried to cross the border again so he and Parraga, 46, could sign the document together and get it verified. He thought his trip would be considered essential travel. 

But it wasn’t. According to CBSA documents, Norris was denied entry again, and this time barred from entering Canada for one year.

“I was just beside myself. I couldn’t believe that this was happening,” he said. 

CBSA said that when a foreigner doesn’t meet the requirements to enter Canada during the border closure, they run the risk of receiving a one-year ban if they try to re-enter. 

Norris said he was never warned of this consequence and was just trying to get the evidence required to reunite with his partner in Canada. 

“In these sad times, this was just another disheartening blow in an already horrible situation.” 

The Canada-U.S. land border remains closed to non-essential traffic until at least Aug. 21. But for Norris, it remains closed until July 2021.

WATCH | U.S. politicians call for plan to reopen Canada-U.S. border: 

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Whitehead becomes 1st CHL player to verbally commit to playing NCAA hockey

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Braxton Whitehead said Friday he has verbally committed to Arizona State, making him the first member of a Canadian Hockey League team to attempt to play the sport at the Division I U.S. college level since a lawsuit was filed challenging the NCAA’s longstanding ban on players it deems to be professionals.

Whitehead posted on social media he plans to play for the Sun Devils beginning in the 2025-26 season.

An Arizona State spokesperson said the school could not comment on verbal commitments, citing NCAA rules. A message left with the CHL was not immediately returned.

A class-action lawsuit filed Aug. 13 in U.S. District Court in Buffalo, New York, could change the landscape for players from the CHL’s Western Hockey League, Ontario Hockey League and Quebec Maritimes Junior Hockey League. NCAA bylaws consider them professional leagues and bar players from there from the college ranks.

Online court records show the NCAA has not made any response to the lawsuit since it was filed.

“We’re pleased that Arizona State has made this decision, and we’re hopeful that our case will result in many other Division I programs following suit and the NCAA eliminating its ban on CHL players,” Stephen Lagos, one of the lawyers who launched the lawsuit, told The Associated Press in an email.

The lawsuit was filed on behalf of Riley Masterson, of Fort Erie, Ontario, who lost his college eligibility two years ago when, at 16, he appeared in two exhibition games for the OHL’s Windsor Spitfires. And it lists 10 Division 1 hockey programs, which were selected to show they follow the NCAA’s bylaws in barring current or former CHL players.

CHL players receive a stipend of no more than $600 per month for living expenses, which is not considered as income for tax purposes. College players receive scholarships and now can earn money through endorsements and other use of their name, image and likeness (NIL).

The implications of the lawsuit could be far-reaching. If successful, the case could increase competition for college-age talent between North America’s two top producers of NHL draft-eligible players.

“I think that everyone involved in our coaches association is aware of some of the transformational changes that are occurring in collegiate athletics,” Forrest Karr, executive director of American Hockey Coaches Association and Minnesota-Duluth athletic director said last month. “And we are trying to be proactive and trying to learn what we can about those changes.

Karr was not immediately available for comment on Friday.

Earlier this year, Karr established two committees — one each overseeing men’s and women’s hockey — to respond to various questions on eligibility submitted to the group by the NCAA. The men’s committee was scheduled to go over its responses two weeks ago.

Former Minnesota coach and Central Collegiate Hockey Association commissioner Don Lucia said at the time that the lawsuit provides the opportunity for stakeholders to look at the situation.

“I don’t know if it would be necessarily settled through the courts or changes at the NCAA level, but I think the time is certainly fast approaching where some decisions will be made in the near future of what the eligibility will look like for a player that plays in the CHL and NCAA,” Lucia said.

Whitehead, a 20-year-old forward from Alaska who has developed into a point-a-game player, said he plans to play again this season with the Regina Pats of the Western Hockey League.

“The WHL has given me an incredible opportunity to develop as a player, and I couldn’t be more excited,” Whitehead posted on Instagram.

His addition is the latest boon for Arizona State hockey, a program that has blossomed in the desert far from traditional places like Massachusetts, Minnesota and Michigan since entering Division I in 2015. It has already produced NHL talent, including Seattle goaltender Joey Daccord and Josh Doan, the son of longtime Coyotes captain Shane Doan, who now plays for Utah after that team moved from the Phoenix area to Salt Lake City.

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Calgary Flames sign forward Jakob Pelletier to one-year contract

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CALGARY – The Calgary Flames signed winger Jakob Pelletier to a one-year, two-way contract on Friday.

The contract has an average annual value of US$800,000.

Pelletier, a 23-year-old from Quebec City, split last season with the Flames and American Hockey League’s Calgary Wranglers.

He produced one goal and two assists in 13 games with the Flames.

Calgary drafted the five-foot-nine, 170-pound forward in the first round, 26th overall, of the 2019 NHL draft.

Pelletier has four goals and six assists in 37 career NHL games.

This report by The Canadian Press was first published Sept. 13, 2024.

The Canadian Press. All rights reserved.



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Kingston mayor’s call to close care hub after fatal assault ‘misguided’: legal clinic

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A community legal clinic in Kingston, Ont., is denouncing the mayor’s calls to clear an encampment and close a supervised consumption site in the city following a series of alleged assaults that left two people dead and one seriously injured.

Kingston police said they were called to an encampment near a safe injection site on Thursday morning, where they allege a 47-year-old male suspect wielded an edged or blunt weapon and attacked three people. Police said he was arrested after officers negotiated with him for several hours.

The suspect is now facing two counts of second-degree murder and one count of attempted murder.

In a social media post, Kingston Mayor Bryan Paterson said he was “absolutely horrified” by the situation.

“We need to clear the encampment, close this safe injection site and the (Integrated Care Hub) until we can find a better way to support our most vulnerable residents,” he wrote.

The Kingston Community Legal Clinic called Paterson’s comments “premature and misguided” on Friday, arguing that such moves could lead to a rise in overdoses, fewer shelter beds and more homelessness.

In a phone interview, Paterson said the encampment was built around the Integrated Care Hub and safe injection site about three years ago. He said the encampment has created a “dangerous situation” in the area and has frequently been the site of fires, assaults and other public safety concerns.

“We have to find a way to be able to provide the services that people need, being empathetic and compassionate to those struggling with homelessness and mental health and addictions issues,” said Paterson, noting that the safe injection site and Integrated Care Hub are not operated by the city.

“But we cannot turn a blind eye to the very real public safety issues.”

When asked how encampment residents and people who use the services would be supported if the sites were closed, Paterson said the city would work with community partners to “find the best way forward” and introduce short-term and long-term changes.

Keeping the status quo “would be a terrible failure,” he argued.

John Done, executive director of the Kingston Community Legal Clinic, criticized the mayor’s comments and said many of the people residing in the encampment may be particularly vulnerable to overdoses and death. The safe injection site and Integrated Care Hub saves lives, he said.

Taking away those services, he said, would be “irresponsible.”

Done said the legal clinic represented several residents of the encampment when the City of Kingston made a court application last summer to clear the encampment. The court found such an injunction would be unconstitutional, he said.

Done added there’s “no reason” to attach blame while the investigation into Thursday’s attacks is ongoing. The two people who died have been identified as 38-year-old Taylor Wilkinson and 41-year-old John Hood.

“There isn’t going to be a quick, easy solution for the fact of homelessness, drug addictions in Kingston,” Done said. “So I would ask the mayor to do what he’s trained to do, which is to simply pause until we have more information.”

The concern surrounding the safe injection site in Kingston follows a recent shift in Ontario’s approach to the overdose crisis.

Last month, the province announced that it would close 10 supervised consumption sites because they’re too close to schools and daycares, and prohibit any new ones from opening as it moves to an abstinence-based treatment model.

This report by The Canadian Press was first published Sept. 13, 2024.

The Canadian Press. All rights reserved.



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