A Toronto woman who has an emotional support dog says she is furious after claiming she was removed from an Air Canada flight destined for Palm Springs, Calif., because some passengers complained about allergies.
Marilyn Borchiver, who has fibromyalgia, told News Media she tried to fly to the United States on Wednesday from Toronto Pearson International Airport.
She said she spoke with Air Canada staff responsible for passengers with medical needs and presented documentation (immunization records and a letter from a psychotherapist) about the need to travel with Scooter, her beloved Sheltie.
After Borchiver said she encountered problems getting to her gate, she became involved in a dispute with at least one passenger, she said.
“There were at least three comments about being allergic to dogs,” Borchiver said, adding it made her upset.
“I said, ‘Well then I am allergic to you.’”
She said she was subsequently asked to leave the aircraft. After refusing, Borchiver said police officers were contacted and they came to remove her from the aircraft.
“I was treated like a disgusting human being,” she said.
A Peel Regional Police spokesperson told Global News that Borchiver was removed at the request of Air Canada staff. Police said there wasn’t an offence and that there was no additional police involvement, calling the matter a customer service issue.
News Media contacted Air Canada to ask about the situation described by Borchiver. A spokesperson confirmed in a brief statement on Thursday that “a disruptive customer” was removed from the airline’s flight to Palm Springs.
“The decision was not related to the presence of an emotional support animal,” Peter Fitzpatrick wrote.
“The matter was handled according to our regular processes.”
Fitzpatrick didn’t elaborate on how Borchiver was being “disruptive.”
When asked about the situation as described by Borchiver, Gábor Lukács, founder of the advocacy group Air Passenger Rights, said he believes Air Canada should ultimately be liable for the situation, since they asked her to be removed from the aircraft.
“Something fundamentally went wrong here,” he said.
Under the latest version of the Air Passenger Protection Regulations, it states once onboard an aircraft, a person cannot be removed unless it is for safety reasons. Lukács said someone being rude doesn’t fall under that provision.
“The airline doesn’t have to please other passengers — it has to satisfy the law,” he said.
However, the law isn’t necessarily clear when it comes to service animals. There are different regulations for emotional support animals in each province — an issue brought up in July by Conservative MP Michelle Rempel, who called for a federal solution.
To date, service animal regulations remain under provincial jurisdiction.
Lukács said when it comes to a situation involving dogs and allergies, there are conflicting impositions of people’s human rights — for Borchiver, who said she requires a support dog, and for those who said they have allergies.
Both sides, he said, have valid concerns, as long as the conditions were communicated to the airline in a timely manner.
“The airline was acting in a completely capricious way without documentation of the person’s allergy and without giving priority to the passenger who had complied with all the legal requirements for the accommodation of the disability, and this passenger gave sufficient notice,” Lukács said.
In this scenario, he said, Air Canada would be required to accommodate both parties with alternative flights. But Lukács noted Borchiver should have had first travel priority if the other person or persons didn’t tell Air Canada they had an allergy to dogs.
“If they had both advised the airline 48 hours in advance about the situation … the airline would be required to deal with the situation and talk to both of them and rebook them in advance,” he said, noting it shouldn’t happen at the airport gate.
Meanwhile, Borchiver said she is slated to board another Air Canada flight on Friday, but was waiting for confirmation she will indeed be able to fly to Palm Springs.
She said she is contemplating legal action and filing a complaint with authorities.
— With files from Jamie Mauracher
Heads up, Canada: Colorado wants your drugs – CBC News
This item is part of Watching Washington, a regular dispatch from CBC News correspondents reporting on U.S. politics and developments that affect Canadians.
Colorado is the latest state to apply for a licence to import medicines from Canada, the most recent development in a politically sensitive cross-border issue.
This week the state announced that it asked the U.S. Food and Drug Administration (FDA) for permission to import 112 medicines from Canada including EpiPens and drugs for cancer, asthma, multiple sclerosis, diabetes and other ailments.
Because those drugs are cheaper in Canada, the state projects that importing them would save Coloradans an average of 65 per cent per drug.
“This exciting step means we are closer to savings for Coloradans,” Gov. Jared Polis said in a statement.
What’s the context?
That’s in part due to national regulations: Other countries have stricter rules for setting maximum prices and negotiating those with drug companies.
The U.S. has taken limited steps to address this; Years ago it introduced an optional coverage plan for seniors that allowed price negotiations, and the just-passed Inflation Reduction Act includes several cost-saving measures.
The pharmaceutical sector lobbied hard against price controls. The health sector outspent every other U.S. industry in lobbying last year, with drug companies especially funding lawmakers who voted against such reforms.
Some U.S. states have taken up another idea: free trade in medicine. Why not just import drugs from abroad?
Six U.S. states have passed laws allowing imports of medicine from abroad, particularly from Canada, and now Colorado is the second of those, after Florida, to have formally requested authorization from the FDA.
It’s applying under a process established by the FDA in 2020. But no state has received an approval yet, as the process is complicated. To help explain the rules, the FDA issued a compliance guide this year.
The reason this matters to Canadians can be summed up in nine letters: shortages.
Ottawa has intermittently voiced fears for years about the potential for the gargantuan U.S. market gobbling up Canadian supplies and clearing out pharmacy shelves.
The Paul Martin government introduced a bill in Parliament in 2005 to bolster the health minister’s ability to freeze exports in the case of a shortage. That government fell soon thereafter, the bill never passed, and the issue remained mostly dormant for years.
But talk of importation has resurfaced in U.S. states lately. And Ottawa resumed its talk of export bans: the Trudeau government, in 2020, drafted regulations to better monitor potential shortages and restrict foreign sales of affected products.
The issue now rests with the FDA. It must approve import requests. That’s in addition to complicated requirements that would have to be fulfilled by the businesses importing and exporting.
There are complex rules for industry in both countries.
On the export side — the Canadian government says Canada’s laws require companies to retain records proving that cross-border drug sales won’t cause shortages.
Federal regulations, as well as Canadian food and drug law, allow the government to then intervene to prevent shortages.
On the import side: the current U.S. import process, introduced in 2020, contains numerous hoops American buyers must jump through.
To be eligible for import, a product requires the necessary Canadian labelling; the seller must be licensed to sell drugs wholesale by Health Canada; the seller must also be registered with the FDA as a foreign seller; and the U.S. importer must be a wholesale distributor or pharmacist licensed in the U.S.
Then there are various testing and security requirements for shipments.
The Canadian government says it’s still working with the U.S. to understand the FDA’s plans for implement drug importation.
To date, says the Canadian Embassy in Washington, no state plans have been approved by the FDA.
Canada’s ‘most beloved’ restaurants: OpenTable
A new list by OpenTable shows the 100 “most beloved” Canadian restaurants in 2022, based on more than one million reviews.
The restaurant reservation company says it analyzed reviews and ratings by diners who used its service from Oct.1, 2021, to Sept. 30, 2022. The list was determined by overall rating, user-based “klout,” total number of reviews and regional overall rating.
“We’re seeing a strong interest in a variety of dining establishments and experiences this year, and strong representation from traditional continental to diverse international cuisines,” said Matt Davis, Country Director at OpenTable, in a news release.
Ontario dominates the list with 49 restaurants, followed by Alberta with 23, British Columbia with 18, Quebec with nine and New Brunswick with one.
These are top 100 restaurants featured by OpenTable, listed in alphabetical order:
- 1 Kitchen – Toronto, Ont.
- Akira Back – Toronto, Ont.
- Alloy – Calgary, Alta.
- Amal Restaurant – Toronto, Ont.
- Anejo Restaurant – Toronto (King St) – Toronto, Ont.
- Auberge du Pommier – Toronto, Ont.
- Bar George – Montreal, Que.
- Bar Isabel – Toronto, Ont.
- Baro – Toronto, Ont.
- BLOCK ONE Restaurant at 50th Parallel Winery – Lake Country, B.C.
- Blu Ristorante – Toronto, Ont.
- Bocado Restaurant – Prince Edward County, Ont.
- Bonaparte – Montreal, Que.
- Botanist – Vancouver, B.C.
- Boulevard Kitchen & Oyster Bar – Vancouver, B.C.
- Bridgette Bar – Calgary, Alta.
- Byblos – Downtown – Toronto, Ont.
- Bymark – Toronto, Ont.
- Café Boulud – Toronto, Ont.
- Cano Restaurant – Toronto, Ont.
- Canoe Restaurant and Bar – Toronto, Ont.
- Capocaccia Trattoria – Toronto, Ont.
- Cardinale – Calgary, Alta.
- Carisma – Toronto, Ont.
- Chairman’s Steakhouse – Calgary, Alta.
- Charcoal Steak House – Kitchener, Ont.
- Chuck’s Steakhouse – Banff, Alta.
- Crossroads Restaurant – Rousseau, Ont.
- Cucci Ristorante – Oakville, Ont.
- D.O.P. – Calgary, Alta.
- Damas – Montreal, Que.
- Dolcetto – London, Ont.
- Don Alfonso 1890 – Toronto, Ont.
- Earth to Table: Bread Bar – Guelph – Guelph, Ont.
- Elora Mill Restaurant – Guelph, Ont.
- Estiatorio Milos – Montreal – Montreal, Que.
- Gibbys – Old Montreal – Montreal, Que.
- Giulietta – Toronto, Ont.
- Grey Gardens – Toronto, Ont.
- Haven Kitchen + Bar – Langley, B.C.
- Hello Sunshine Japanese Restaurant + Private Karaoke Rooms – Banff, Alta.
- Home Block at CedarCreek Estate Winery – Kelowna, B.C.
- Homer Street Cafe & Bar – Vancouver, B.C.
- Hoogan & Beaufort – Montreal, Que.
- Hy’s Steakhouse – Toronto – Toronto, Ont.
- Ibérica – Montreal, Que.
- Italian by Night – Saint John, N.B.
- Joe Fortes Vancouver – Vancouver, B.C.
- Ki Modern Japanese + Bar – Toronto – Toronto, Ont.
- Kitchen76 at Two Sisters Vineyards – Niagara-on-the-Lake, Ont.
- La Vecchia – Marine Parade – Etobicoke, Ont.
- Lee – Toronto, Ont.
- Locale King City – King City, Ont.
- Lonely Mouth Bar – Calgary, Alta.
- Lulu Bar – Calgary, Alta.
- Lupo Restaurant & Vinoteca – Vancouver, B.C.
- Maison Boulud – Montreal, Que.
- Maison Selby – Toronto, Ont.
- MAJOR TOM – Calgary, Alta.
- Marked – Toronto, Ont.
- Mercato – Mission – Calgary, Alta.
- Miku Restaurant – Vancouver – Vancouver, B.C.
- Minami Restaurant – Vancouver, B.C.
- Modavie – Montreal, Que.
- Model Milk – Calgary, Alta.
- MODERN STEAK – Southport Rd – Calgary, Alta.
- Morton’s The Steakhouse – Toronto – Toronto, Ont.
- Osteria Giulia – Toronto, Ont.
- Osteria Savio Volpe – Vancouver, B.C.
- Pepino’s Spaghetti House & La Tana – Vancouver, B.C.
- Raven Bistro – Jasper, Alta.
- REIGN – Toronto, Ont.
- Riviera – Ottawa, Ont.
- Sabor Restaurant – Edmonton, Alta.
- Sassafraz – Toronto, Ont.
- Scaramouche Restaurant – Toronto, Ont.
- Shook Kitchen – Toronto, Ont.
- Sofia – Toronto, Ont.
- Sorrel Rosedale – Toronto, Ont.
- St. Germain’s – Casino Rama Resort – Orillia, Ont.
- Sukiyaki House – Calgary, Alta.
- Tableau Bar Bistro – Vancouver, B.C.
- Tea at The Empress – Victoria, B.C.
- Teatro Restaurant – Calgary, Alta.
- Ten Foot Henry – Calgary, Alta.
- The Bauer Kitchen – Waterloo, Ont.
- The Bison Restaurant – Banff, Alta.
- The Butchart Gardens – The Dining Room – Brentwood Bay, B.C.
- The Good Earth Vineyard And Winery – Beamsville, Ont.
- The Keg Steakhouse + Bar – Oshawa – Oshawa, Ont.
- The Lake House – Calgary, Alta.
- The Nash – Calgary, Alta.
- The Story Cafe – Eatery & Bar – Richmond, B.C.
- Three Bears Brewery – Banff, Alta.
- Trattoria Timone – Oakville, Ont.
- Treadwell Farm-to-Table Cuisine- Niagara on the Lake – Niagara-on-the-lake, Ont.
- Tutto Restaurant & Bar – Vancouver, B.C.
- Vineland Estates Winery Restaurant – Vineland, Ont.
- Vintage Chophouse & Tavern – Calgary, Alta.
- Zarak by Afghan Kitchen – Vancouver, B.C.
Reporting for this story was paid for through The Afghan Journalists in Residence Project funded by Meta.
Alberta NDP says premier’s rejection of federal authority lays separation groundwork
Rachel Notley cited Smith’s comments to the house just before members passed her sovereignty bill earlier Thursday, in which Smith rejected the federal government’s overarching authority.
“It’s not like Ottawa is a national government,” Smith told the house at 12:30 a.m. Thursday.
“The way our country works is that we are a federation of sovereign, independent jurisdictions. They are one of those signatories to the Constitution and the rest of us, as signatories to the Constitution, have a right to exercise our sovereign powers in our own areas of jurisdiction.”
Notley, speaking to reporters, said, “At 12:30 last night when she thought nobody was listening, the veil was lifted and Danielle Smith’s interest in genuinely pursuing initial steps toward separation were revealed.
“(They) demonstrate that her view is actually that which is aligned with these fringe separatist wannabes like folks who drafted the Free Alberta Strategy.
“Those comments are utterly chaos-inducing.”
Free Alberta Strategy was a 2021 policy paper drafted in part by Smith’s current top adviser Rob Anderson.
The authors of the paper argue that federal laws, policies and overreach are mortally wounding Alberta’s development.
They urge a two-track strategy to assert greater autonomy for Alberta within Confederation, while simultaneously laying the policy and administrative groundwork to transition Alberta to separation and sovereignty should negotiations fail.
The strategy was the genesis for Smith’s controversial sovereignty bill that stipulates the Alberta legislature, rather than the courts, can pass judgment on what is constitutional when it comes to provincial jurisdiction.
The bill also grants cabinet the power to direct municipalities, city police forces, health regions and schools to resist implementing federal laws.
During question period, Smith rejected accusations the bill is a separatist Trojan Horse, noting its intent is contained in the title.
“The name of the bill is Alberta Sovereignty Within a United Canada Act,” said Smith.
“The (act) has nothing to do with leaving the country. It has everything to do with resetting the relationship (with the federal government).”
Political scientist Jared Wesley said it appears constitutional chaos and baiting the federal government are the actual aims.
“When you start to deny the legitimacy of the federal government, that is part of the worrying trend that ties all of this to the convoy movement and the separatists,” said Wesley, with the University of Alberta.
“Albertans need to know those comments are inappropriate and misleading at best and sparking a national unity crisis at worst. Sooner or later, someone’s going to believe her.”
Wesley added that there is a sentiment among a small group of people in Alberta, including the premier, who “are just tired of losing and don’t want to play the game anymore,” he said.
“The sad thing is that that game is democracy and the rule book is the Constitution, and they’re just ignoring all of it now.”
Political scientist Duane Bratt said Smith was not describing Canadian federalism.
“She is confusing the European Union with Canada,” said Bratt, with Mount Royal University in Calgary. “Canada is not made up of sovereign provinces. We share sovereignty between orders of government.”
Political scientist Lori William, also with Mount Royal University, said the comment “betrays a profound lack of understanding of Canada, of federalism, of what powers belong to the federal and provincial governments.”
During question period, Smith waved away Opposition demands that she refer the bill to Alberta’s Court of Appeal to determine if it is onside with the Constitution.
Smith told the house that Justice Minister Tyler Shandro, a lawyer, wrote the bill and that the government received independent advice from constitutional lawyers to ensure it was not offside.
“The constitutionality of this bill is not in question,” Smith said.
The bill was introduced by Smith a week ago as centrepiece legislation to pursue a more confrontational approach with Prime Minister Justin Trudeau’s government on a range of issues deemed to be overreach in provincial areas of responsibility.
It was a short, brutish ride for the bill.
Smith’s government, due to a public outcry, had to bring in an amendment just days after introducing the bill to reverse a provision that gave it ongoing emergency-type powers to unilaterally rewrite laws while bypassing the legislature.
Alberta’s First Nations chiefs have condemned the bill as trampling their treaty rights and Smith’s Indigenous relations minister has said more consultation should have been done.
Smith told the house she met with Indigenous leaders just hours earlier to discuss concerns and shared goals. She rejected the assertion the bill doesn’t respect treaty rights.
“There is no impact on treaty and First Nations’ rights. That’s the truth,” she said.
Law professor Martin Olszynski said the bill remains problematic because it must be clear the courts have the final say on interpreting the Constitution in order to stabilize the checks and balances of a democratic system.
He said Smith’s bill threatens that, perhaps putting judges in the awkward position of having to decide whether they are the ones to make those decisions.
“Can that judge exercise their judicial function without being affected by that very politicized context?” said Olszynski, with the University of Calgary.
“It essentially politicizes the judicial process.”
This report by The Canadian Press was first published Dec. 8, 2022.
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