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Rogers Communications boardroom tussle outcome deferred to Nov. 5

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A battle for control of Rogers Communication Inc‘s (RCI) board wrapped up in a Canadian court on Monday as lawyers for former chairman Edward Rogers said he had the authority to appoint a new board without an in-person shareholder meeting, while company lawyers argued due processes were not followed.

RCI, Canada’s largest wireless carrier, is embroiled in a boardroom battle after a feud in the founding family erupted into the open, weighing on the stock and raising doubts about the fate of a multibillion-dollar takeover.

The judge has set Nov. 5 to decide on the validity of the new board.

The dispute was triggered after Edward Rogers, son of late founder Ted Rogers, tried to remove Chief Executive Joe Natale in September, saying he had lost confidence in the CEO’s ability to lead the merged entity after the planned C$20 billion ($16.1 billion) takeover of Shaw Communications goes through.

That put Edward Rogers at odds with his mother and two sisters, who backed Natale, and resulted in his removal as the company chair. Edward Rogers used his position as chair of the family-owned Rogers Control Trust, the entity that owns the majority of voting shares in the company, to name a new board, which recognized him as chairman.

He then approached the court in British Columbia, where the company is incorporated, to legitimize the new board.

RCI lawyer David Conklin told British Columbia Supreme Court Justice Shelley Fitzpatrick that the late founder foresaw a stalemate between the family trust and the board of directors, and specifically requested a public meeting to resolve it.

Conklin argued the former chair did not give shareholders an opportunity to respond to his plan to remove and appoint new board members, violating the company’s own governance practices.

Lawyer Ken McEwan, arguing for Edward Rogers, said the former chair required the majority of shareholder votes to reconstitute the company’s board of directors. As chairman of the family trust, he controlled 97.5% of the voting shares, giving him the authority to act, McEwan added.

Judge Fitzpatrick questioned McEwan about whether a meeting should have taken place before Edward Rogers could act on behalf of the family trust. McEwan said Edward Rogers had sufficient shareholders such that a meeting was not necessary.

Stephen Schachter, a lawyer representing RCI, said company rules require an in-person meeting to dismiss board members and refill their seats.

Schachter said Edward “cannot thumb his nose” at due process.

The family row playing out in public is a rare occurrence in Canada and has caught analysts and investors by surprise. The boardroom drama in the middle of Rogers’ biggest takeover is a distraction, analysts have warned. Shaw last week reiterated its support for the deal.

Shaw stock closed on Monday at C$35.47, compared with Rogers’ offer price of C$40.50, which is a sign that some market players have doubts about the success of the deal.

“Shaw shareholders could get cold feet and pull out of the deal,” said Keith Snyder, an analyst at CFRA Research. If it pulls out, he added, that would give competitors like BCE Inc or Telus Corp a chance to make a bid for the company.

Matthew Dolgin, an analyst at Morningstar, believes a resolution cannot be expected soon. The events have weighed on Rogers’ stock, which is down 1.4% this year, compared with a 17.9% rally in BCE and a 12.67% gain in Telus.

“Normally we’d more readily dismiss the actions and desires of an ousted chairman, but the complexity of the firm’s family control makes it anything but cut-and-dried,” Dolgin said.

($1 = 1.2392 Canadian dollars)

(Reporting by Eva Mathews in Bengaluru and Sarah Berman in Vancouver; Writing by Denny Thomas; Editing by Marguerita Choy and Stephen Coates)

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Would national vaccine mandates work in Canada? Experts aren't sure – CBC.ca

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With European states turning to mandatory national vaccination regimes to deal with record COVID-19 infections, experts in Canada say that while science and the law may back the Liberal government if it chose to follow suit, it might not be the panacea the public is hoping for.

There are significant challenges to imposing a national mandatory vaccination program for all Canadians, the first of which is the age-old jurisdictional battle between the federal government and the provinces.

Under the Constitution, the provinces are responsible for delivering health care, and a vaccine mandate would fall under that remit. If the federal government wanted to take over that responsibility, it would have to either use the Emergencies Act or pass legislation giving it the authority to act.

“To do that, all hell would break loose from the provinces,” Michael Behiels, a constitutional law expert at the University of Ottawa, told CBC News. “It’s theoretically possible, but this would go to court immediately, and they would have to prove that the crisis is in fact a national crisis.”

Behiels said a federal government taking this route would likely win any challenge in court, providing it could prove that the rate of infections, the death rate and ongoing mutations were creating a threat only a national response could mitigate.

Even in victory, he said, the move would likely create a backlash among provincial governments that see the step as unnecessary at this stage of the pandemic.

“Up until this moment in Canada, there has not really been a need to consider it,” Dr. Allison McGeer, an infectious disease specialist at Toronto’s Mount Sinai Hospital, told CBC News.

“We’re not back to normal, but we’re getting there — and there’s no guarantee that we’ll be right back to normal even if everybody is vaccinated because there are breakthrough infections,” said McGeer, who is also a professor at the Dalla Lana School of Public Health at the University of Toronto. 

Context is everything

Behiels said a national vaccine mandate could not only create bad blood between the unvaccinated and the federal government but also between the provinces and Ottawa that could undermine the vaccination effort.

If the situation were different, he said, with a much higher death rate or a more aggressive infection rate, making that move might be easy and the provinces might even ask for the intervention if the situation got bad enough. But experts are not sure Canada has reached that point just yet.

European countries such as Austria and Greece appear to believe they have, and they’re moving in the direction of national vaccine mandates because they are seeing infection rates three times higher than at any other time during the pandemic, and vaccination programs have stalled.

Protesters against COVID-19 measures in Vienna on Nov. 20. European countries such as Austria and Greece are moving in the direction of national vaccine mandates because they are seeing infection rates three times higher than at any other time during the pandemic, and vaccination programs have stalled. (Leonhard Foeger/Reuters)

In January, Greeks over the age of 60 who are not yet vaccinated will be subject to a monthly fine of 100 euros ($140 Cdn). Slovakia is looking at taking the opposite route and offering 600 euros ($844) to encourage people to get their shots.

Austria, with one of the lower vaccination rates in the European Union, is looking at plans that, if implemented, would fine unvaccinated Austrians more than 7,000 euros ($9,880). There are already signs that enforcing that mandate will be a challenge; late last month some 40,000 protesters turned up in Vienna to challenge the new rules.

Only 67 per cent of the EU’s population has been fully vaccinated against COVID-19, according to Our World in Data, while in Canada, 76 per cent of the population is fully vaccinated. Greece sits at 64 per cent, while Austria’s population is only 66 per cent fully vaccinated.

Germany isn’t much better at 68 per cent, and countries such as Hungary have some of the lowest vaccination rates in Europe at just 61 per cent.

Both Germany and Hungary are experiencing record infection rates, and both are turning to strict national policies to try to turn the tide. For now, Germany is only talking about mandatory vaccination. Hungary, however, is allowing companies to impose the policy on employees and compel any unvaccinated staff to take unpaid leave until they get immunized.

In Canada, by comparison, all passengers travelling on planes and trains must be fully vaccinated, as must the staff working in those sectors. All federal employees must also be fully vaccinated.

Reasons for hesitancy

McGeer and other infectious disease physicians, such as Dr. Isaac Bogoch of the University of Toronto and Dr. Gerald Evans, chair of the division of infectious diseases at Queens University in Kingston, Ont., all agree that the goal some European states are pursuing — a fully vaccinated population — is a worthy one.

But they also agree that imposing mandatory vaccination regimes across the population might cause an uproar, stress the goodwill between Canadians and their government and, in the end, not deliver the desired results.

“Say it works and you actually get huge numbers of people now being vaccinated because of the imposition of fines or restrictions. The fact of the matter is that it would help, it would have an impact,” Evans said.

“If we had 95 to almost 100 per cent of the population vaccinated, this virus would have one devil of a time trying to maintain itself in the environment.”

Health-care workers who oppose mandatory vaccinations and the suspension from work for those who refuse to get the shots chant slogans during a protest outside the Greek parliament in Athens in November. (Petros Giannakouris/The Associated Press)

Bogoch agreed with the sentiment that more vaccinations are necessary, but he remains unsure that a mandatory vaccine regime would have the desired effect.

“There are multiple reasons why people remain unvaccinated, and understanding those reasons and tailoring your response to those reasons is usually a more effective approach so you don’t further alienate people in an already polarized world,” he said.

Bogoch says there are typically four types of unvaccinated Canadians. The first two are people who intend to get vaccinated but have not gotten around to it yet and people who work multiple jobs or are single parents and have not had the time or opportunity to get vaccinated. Bogoch says these groups likely wouldn’t be put off by a vaccine mandate.

But the other two — people with lingering concerns and anxieties and people who have been influenced by misinformation campaigns — might be pushed further away from vaccination by a mandate, he says.  

One size does not fit all

Within those groups, experts say, there are subgroups turned off of vaccination for different reasons.

“People who are white, rich, highly educated and born in Canada have much more faith in the public health system and have much more willingness to believe their government, so we get higher vaccination rates,” McGeer said.

“Racialized communities who already are at strikingly higher risk of being infected with COVID are the very people who have more trouble in deciding to get vaccinated and with good reason.”

She added, “Vaccine mandates are systemically inequitable, and you can work to mitigate it, but you can’t fix it.”

Bogoch says the best way to increase vaccination rates is to understand why each group won’t get vaccinated and then try to meet them on their ground: If they can’t get to a vaccination clinic because they are too busy, use mobile clinics, he says. If they still have lingering questions, sit them down with health professionals and try to answer their questions. If they have been influenced by misinformation, try to combat those false narratives. But don’t, Bogoch says, try to motivate everyone with the same approach.

“There is not a one-size fits all solution to this problem,” he said.

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Hoping Omicron won’t wreck Christmas, Bethlehem lights up tree

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Residents lit up a giant Christmas tree outside Bethlehem’s Church of the Nativity on Saturday, hoping that a new coronavirus variant doesn’t ruin another holiday season in the traditional birthplace of Jesus.

The Palestinian city in the Israeli-occupied West Bank was all but closed last Christmas, losing its peak tourist season to the pandemic.

This December has seen Israel shut out foreign travellers for 14 days to try to prevent the Omicron variant taking hold, and the hope is that the ban will end as scheduled, in time for Christmas travel. In its last pre-pandemic winter, in 2019/20, Bethlehem hosted 3.5 million visitors.

The giant tree, topped with a bright red star, was lit up with hundreds of coloured lights as red, white and green fireworks illuminated the night sky.

Mayor Anton Salman said the travel ban had prevented several foreign delegations attending.

Nonetheless, the audience in Manger Square in front of the church was far bigger than last year, when coronavirus restrictions kept even local spectators away.

“It is very joyful, a very nice evening. The air is full of hope, full of joy, full of expectation,” said Maria, a tourist from Finland who did not provide her full name.

 

(Reporting by Mohammed Abu Ganeyeh and Yosri al-Jamal in Bethlehem and Roleen Tafakji in Jerusalem; Writing by Maayan Lubell; Editing by Kevin Liffey)

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Stuck in South Africa, new travel rules put this Canadian's trip home for the holidays at risk – CBC.ca

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Andrew Neumann’s hopes of making it home for the holidays have been cast into doubt by the emergence of the omicron coronavirus variant and the swift implementation of new pandemic border restrictions around the world.

“It’s actually a particularly sensitive time,” Neumann, a Canadian living in South Africa, said in an interview on CBC’s The House that aired Saturday. His son just started university in Toronto, his first year away from home, he explained. And there are other pressing concerns.

“My wife’s father is very ill. He’s in his 80s. He’s undergoing chemotherapy…. Likewise, my mother’s 91. She’s in sort of cognitive decline. I haven’t seen her in two years,” he told host Chris Hall.

“And there’s a question mark again in my mind: Am I going to be able to say goodbye?” Neumann said.

20:23Borders tighten again

Public Safety Minister Marco Mendicino discusses new restrictions and testing measures at the border and Peel Region medical officer of health Dr. Lawrence Loh explains how his jurisdiction is dealing with concerns about omicron. 20:23

Neumann has lived in Johannesburg since 2015. He was planning to return to Canada for the holidays when new travel restrictions were put in place affecting travellers from 10 countries, mostly in southern Africa. Canadians trying to come home from those countries must now meet a series of additional testing and quarantine requirements.

Travellers must get a pre-departure molecular COVID-19 test 72 hours ahead of their departure, something Canadians are now used to, but that test must be in a third country — not any of the 10 on Canada’s list. Neumann was planning to get a test during his connection in Germany, but additional rules put in place there have made that impossible.

Canadian, German restrictions clash

A letter Neumann received from the Canadian High Commission in South Africa said German airline Lufthansa would not allow Canadians to board because of that third-country testing requirement and restrictions put in place by Germany.

Neumann’s situation closely resembles that of the Canadian junior women’s field hockey team, which has also been stuck in South Africa. The team has asked for an exemption to leave the country.

Andrew Neumann and his family have been trying to come back to Canada from South Africa. (Submitted)

Neumann said he has been struck by what he says is the “cavalier” way the government has answered the questions of would-be travellers whose plans the restrictions have thrown into limbo.

He also says the restrictions themselves make little sense given what we now know about the spread of the omicron variant.

“It just seems so disproportionate a response to southern Africa versus the rest of the world that you have to question the motivations,” he said.

In an emailed response to CBC News, Global Affairs Canada said this country’s entry requirements are meant to ensure the safety of Canadians. It said that the implementation of restrictions could disrupt travel plans but that “the decision to travel is the sole responsibility of the individual.”

“We can confirm that we are receiving reports of Canadians abroad affected by these new measures,” the statement said.

Debate over travel ban effectiveness

In a separate interview on The House, Public Safety Minister Marco Mendicino said the restrictions are being implemented to give Canada the time to assess the risk of the omicron variant and “protect the progress” the country has made against the pandemic.

“I’d acknowledge that we’re at a moment where there will be some challenges, but we put in place public health measures because of the variant of concern.”

WATCH | New travel restrictions throw travel plans into chaos: 

Omicron variant renews uncertainty for travellers

3 days ago

The uncertainty around the omicron variant and new COVID-19 testing and isolation requirements has some wondering if international travel is about to be upended again. 2:04

There has been significant criticism of the travel measures put in place by Canada and other countries, with growing evidence that the new variant had been circulating in several nations before South African researchers first discovered it in late November and travel restrictions were imposed.

Part of the debate has centred on the efficacy of travel restrictions themselves, with some experts arguing they do little to stop the spread of a new variant. The president of South Africa called them “unscientific” and “discriminatory.”

Mendicino said the restrictions on the 10 countries were not politically motivated but instead based on science.

“We’re doing it because we want to protect Canadians. This is not their first go-around. We’ve done this drill before, and we want to make sure that we’re taking the right decision when it comes to protecting the health and safety of Canadians,” he said.

WATCH | Debate over the effectiveness of travel restrictions: 

Travel bans unfairly target country that identified omicron variant, specialist says

3 days ago

Dr. Samir Gupta, a respirologist and associate professor at the University of Toronto, says travel bans to prevent the omicron variant’s spread can buy time, but penalize the countries that identify new virus variants. 7:52

For one medical officer of health in Canada, the bans are of some use but should not be the focus of government.

“You know, the honest truth is that it probably would have limited impact overall, but it may help to slow the introduction of omicron,” said Dr. Lawrence Loh of Peel Region, which hosts Toronto’s Pearson International Airport.

For Neumann, it’s clear the travel bans are not justified.

“When we know now that it’s also everywhere else in the world suggests that poorer countries are at a disadvantage, certainly versus Europe and Canada and the U.S.,” he said.

Despite the challenges so far, Neumann now has a flight booked for next Friday and describes himself as “somewhat hopeful” his travel plans will work out.

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