Hollywood Teamsters Vote Overwhelmingly to Ratify New 3-Year TV and Film Deal

Ross A. Lincoln - Yesterday .
TheWrap

The members of Teamsters Local 399 have voted overwhelmingly to ratify a new three-year contract with TV and Film studios, the union announced Wednesday night.

While actual vote numbers have not been made public, according to the union, voter turnout was 67%, with 89% voting yes.

The so-called "Black Book" agreement will cover "Drivers, Dispatchers, Animal Trainers/Handlers, Wranglers, Mechanics, Auto Service and now DOT Administrators, with the Alliance of Motion Picture and Television Producers (AMPTP)," the union said.

In addition, a separate vote ratified an addendum agreement covering "Chef Assistants and Chef Assistant-Drivers working on Feature and Television productions." According to the union, voter turnout among these groups was 72%, with 98.4% voting yes.

In addition to a 3% annual raise, among the provisions of the new deal:

Inclusion of Budget Based New Media Side Letter - eliminating reference to lowest tier MOW rates

Compensation for invaded weekends - "Fraturday Pay"

Economic gains with yearly wage increases including retroactivity, cell phone allowance and meal money

Increased overtime provisions with triple time pay after 16 elapsed hours

Inclusion of the Martin Luther King, Jr. Holiday

Significant Employer contributions to MPI Pension and Health Plans - with no added costs to participants

Re-Commitment to Diversity, Equity & Inclusion initiatives

Addition of new classification of DOT Administrators into the "Black Book"

"Our rank-and-file members have been with us every step of the way throughout these negotiations. Our goal as the negotiating committee was to address our members' core issues and leave no money on the table. Together, we were able to creatively make economic gains, secure a New Media deal that eliminates low tier wages, and protect the important contract provisions that our members both past and present have fought so hard for. Our members ultimately had the final say on their contract. Their overwhelming vote in favor of ratification gives me the confidence that they were heard loud and clear through this round of bargaining,"

 Teamsters Local 399 lead negotiator Lindsay Dougherty said in a statement Wednesday.

Hollywood’s Teamsters Local 399 Ratifies New Film & TV Contract

David Robb - Yesterday 
Deadline



Members of Hollywood’s Teamsters Local 399 have voted overwhelmingly to ratify a new three-year film and TV contract. The vote, counted tonight, was 89% for ratification and 11% against, with 67% of the eligible members casting ballots. The local did not release the actual vote totals.

The agreement with the Alliance of Motion Picture & Television Producers includes higher wages, more overtime penalties and additional benefits to secure their industry pension and health plan. And for the first time, the new contract includes a budget-based new-media deal that eliminates the lowest rung on the pay scale – a substantial pay raise for those who would have been working at it going forward.


More from Deadline

New Contract For Teamsters Local 399 & Basic Crafts Includes Enhanced New-Media Pay Rates, More Funding For Pension & Health Plan

Animation Guild Sets Date To Resume Contract Talks With AMPTP

It's A Deal: Hollywood's Teamsters Local 399 & Basic Crafts Reach Agreement On New Film & TV Contract

“Our rank-and-file members have been with us every step of the way throughout these negotiations,” said Lindsay Dougherty, Local 399’s lead negotiator. “Our goal as the negotiating committee was to address our members’ core issues and leave no money on the table. Together, we were able to creatively make economic gains, secure a New Media deal that eliminates low tier wages, and protect the important contract provisions that our members both past and present have fought so hard for. Our members ultimately had the final say on their contract. Their overwhelming vote in favor of ratification gives me the confidence that they were heard loud and clear through this round of bargaining.”

Economic gains include 3% wage increases retroactive to August 1; an additional $10 per day in meal money ($50 total); $3 cell phone allowance added per day; and Martin Luther King Jr. Day as a paid holiday.

Working conditions improvements include triple time after 16 elapsed hours and, to discourage shortened weekend turnarounds, they’ll get 54 hours off or be paid additional overtime for the invaded time.

The local’s “Black Book” agreement covers drivers, animal trainers/handlers, wranglers, dispatchers, mechanics and auto-service workers employed in the film and TV industry in the 13 Western states.

The Basic Crafts unions also are covered by the pact, and their members are voting to ratify this week. Laborers Local 724 voted unanimously to ratify the deal at a membership meeting on Tuesday, and IBEW Local 40, Studio Plumbers Local 78 and Studio Plasterers Local 755 are expected to ratify it by Friday.

AMPTP president Carol Lombardi was the chief negotiator for the companies. Dougherty, Local 399’s recording secretary, business agent and organizer, was recently elected as one of four vice presidents representing the Western Region of the International Brotherhood of Teamsters – marking the first time that Local 399 has had a seat on the parent union’s General Executive Board.

Dougherty is the first woman to serve as the Hollywood Basic Crafts and Teamsters Local 399 lead negotiator, and Local 399 has been bargaining with the AMPTP for agreements covering studio transportation drivers for over 80 years.

Also ratified through a separate vote was an addendum agreement to the Black Book covering chef assistants and chef assistant-drivers working on film and TV productions. The chef assistants, who were organized into the local in 2020, took part in their first round of negotiations simultaneously with the Hollywood Basic Crafts. They approved their contract by a near-unanimous vote – 98.4% to 1.6%, with 72% of eligible members casting ballots.

“Our chef assistants and chef assistant-driver group are arguably some of the hardest working people in production, and we are grateful to have them as part of our Teamster family,” Dougherty said. “They work around the clock to keep our crews well fed. By way of these negotiations, our Committee was able to secure significant living wage increases and retirement benefits that bring them closer to industry standards. Something they have deserved for far too long.”

Dougherty will also be leading upcoming negotiations with the AMPTP for Local 399’s agreements covering location managers and casting directors, which are expected to begin soon.

Workers at Sobeys distribution centre in Quebec go on strike after talks break down

HALIFAX — Workers at a Sobeys distribution centre in Quebec have gone on strike after negotiations between the company and the union broke down, a situation that could strain an already delicate food supply chain.


© Provided by The Canadian PressWorkers at Sobeys distribution centre in Quebec go on strike after talks break down

About 190 workers at the grocery warehouse north of Montreal walked off the job late Monday and have started picketing outside the Terrebonne facility, said Kim Bergeron, a lawyer representing UFCW Canada's Local 501.

The union and the company reached an impasse after more than a dozen meetings since November, with pay and benefits emerging as key sticking points, she said.

The strike comes as supply chain setbacks continue to leave some grocery store shelves in Canada less stocked than usual, while higher ingredient, shipping and labour costs are ratcheting up food prices.

Sobeys Inc. spokeswoman Jacquelin Weatherbee said the company has contingency plans in place to support its stores in Quebec from its other distribution centres.

"We are working very hard to ensure there is minimal impact to our IGA stores across the province," she said in a statement.

"We are obviously disappointed in the outcome of these negotiations to date. All we want is a fair deal that is good for our teammates and keeps our business competitive."

The grocer warned suppliers of potential delays and picket lines at the warehouse.

"Supplier partners should expect some delays when accessing the Terrebonne site due to the strike," Sobeys vice-president of distribution for central Canada Simon Morin said in a letter to suppliers.

"Please inform your employees that they may be required to cross a picket line when delivering to our Terrebonne site."

The labour disruption is being watched closely by analysts.

The walkout at the Terrebonne distribution centre "adds another layer of complexity to industry-wide supply chain disruptions," Irene Nattel, an analyst with RBC Dominion Securities Inc., said in a client note.

The effects of a short-duration strike should be minimal, she said.

Meanwhile, Nattel added that the breakdown in negotiations and resulting strike mandate is "not inconsistent with the negotiation process."

She pointed to company filings that indicate the grocer is willing to accept the short-term costs of labour disruption "to support a commitment to building and sustaining a competitive cost structure for the long term."

Weatherbee noted that Sobeys negotiates more than 60 collective bargaining agreements across Canada each year and had previously not had to deal with a strike in more than a decade.

In late January, the union representing workers at a Sobeys warehouse in Ontario said it ratified a four-year contract with "massive wage increases.'"

Unifor said the agreement covering more than 500 workers at a distribution centre east of Toronto included a full-time pay increase of 19.5 per cent over four years.

The grocer, owned by Empire Co. Ltd., also agreed to signing bonuses, doubled its RRSP contribution and added a sixth week of vacation at 26 years of seniority.

"Through collective bargaining, we were able to deliver a strong contract that includes a considerable pay boost for existing workers as well as future hires while also levelling the playing field for our part-time members,'' said Pat Twohey, Unifor Local 1090 bargaining chairman.

The union representing Sobeys workers in Quebec did not disclose details of the pay and benefit increases it is seeking.

Weatherbee said the union's demands are "significantly above market average."

The collective agreement expired earlier this month.

This report by The Canadian Press was first published Feb. 9, 2022.

Companies in this story: (TSX:EMP.A)

Brett Bundale, The Canadian Press

Lawyers for those arrested at B.C. 

old-growth logging protest want stay of charges


NANAIMO, B.C. — Lawyers for several people arrested for breaching an injunction during protests over old-growth logging in British Columbia argued Wednesday that the charges against their clients and others should be stayed due to "systemic police misconduct."

Lawyer Karen Mirsky told B.C. Supreme Court Justice Douglas Thompson that allowing prosecutions to continue would be harmful to the integrity of justice and a stay is necessary to dissociate the court from police misconduct.

The RCMP have made close to 1,200 arrests while enforcing the injunction first granted to logging company Teal Cedar Products last April to prevent blockades set up over the last 18 months in the Fairy Creek area of southern Vancouver Island.

Members of the protest group called the Rainforest Flying Squad filed an application last month asking for a stay in proceedings against those charged with contempt of court, claiming RCMP misconduct amounts to an abuse of process.

Mirsky told the court that police used unreasonable force during arrests, including using pepper spray and punching protesters. Officers seized and destroyed personal property, such as vehicles, food and shelters, without due process, she said.

Some of that property was turned over to Teal Cedar for storage, she noted.

Lawyers for the company and the Crown were expected to reply in court this week.

Mirsky said her clients aim to prove that their arrests and those of hundreds of others were "tainted by ongoing and systemic police misconduct" starting last May.

Thompson questioned the broad nature of the request for a stay against those who were arrested and charged, but not included in the application to court, saying they can apply for a stay as individuals.

"I think it's novel to make an application on behalf of a broader class of people that might be affected by the same police conduct," the judge said.

"I'm having difficulty with the notion of a remedy that extends to people that are not applicants."

The court has a significant interest in how police are enforcing its injunction order, Mirsky replied, adding that she would address the judge's questions more fully on Thursday.

Elisabeth Strain, another lawyer for several of those arrested, later argued that RCMP actions violated not only the applicants' rights, but also the rights of others in the Fairy Creek area over several months.

Strain told the court that examples of alleged police misconduct included dangerous methods for extracting protesters from their positions, including lowering a teenage protester from a structure using a single rope tied around his waist.

She said police failed to provide another teenager who was being arrested with prescription medication.

The original injunction expired last September, and Thompson denied the logging company's application to extend it by one year, but the B.C. Court of Appeal overturned the lower-court ruling in a decision last month.

Teal Jones said in a statement at the time of the Appeal Court's decision that more than half of the old-growth forest in the area where it is logging is already protected.

This report by The Canadian Press was first published Feb. 9, 2022.

The Canadian Press

Calgary council wants province to share data and recommendations that led to easing of restrictions

CBC/Radio-Canada - 5h ago

Calgary city council has voted in favour of having Mayor Jyoti Gondek formally ask the province to share the recommendations made by the chief medical officer of health as well as the data used to inform Tuesday's announcement about a three-step plan to ease public health measures.


© Jeff McIntosh/The Canadian Press

Mayor Jyoti Gondek said Wednesday on Twitter that the concerns of municipalities were not being heard by the province, which is lifting COVID-19 restrictions.

However, it voted against asking staff to look into the possibility of creating a local vaccine passport program.

At midnight Tuesday, the provincial restrictions exemption program was lifted, meaning Albertans stopped having to show their QR code to dine in restaurants or sit at entertainment venues.

"It is clear that we passed the peak of our current infections about three weeks ago and are now seeing the result as COVID-related hospital admissions are declining," Premier Jason Kenney said at a news conference on Tuesday.

"It has always been the government's approach to keep public health measures in place only so long as they are absolutely necessary to protect public health and our health-care system throughout the pandemic."

The end of the provincial restrictions exemption program meant the automatic expiry of the city's corresponding bylaw.

However, there is doubt among some politicians on whether these public health measures are truly no longer necessary.

On Wednesday morning, Gondek said on Twitter that "municipalities felt sidelined" and the concerns of many were not being heard by the province.

In an 9-5 vote, council voted in favour of getting access to the information that was "used to inform the recommendations" announced on Feb. 8.

Councillors Sean Chu, Andre Chabot, Sonya Sharp, Richard Pootmans and Dan McLean voted against this request for information.

Local restrictions exemption program voted down

It doesn't appear council wants to pursue a local vaccine passport program, though.

Following a 10-4 vote against that idea, Coun. Kourtney Penner said it seems unlikely a local program would be pursued.

"My council colleagues recognize that is work that we would have to undertake and that is not something that they're comfortable giving direction to administration to do, and also understanding with the gap in provincial data, it makes it more difficult for us to make some of those evidence-based decisions."

Meanwhile, Edmonton city council voted unanimously on Wednesday to have administration look into the implications of a municipal vaccine passport program for city-owned facilities and private businesses.

In a statement, the city of Calgary said the face covering bylaw will still remain in effect, and a mask will still be required for anyone over the age of two to enter indoor public spaces or public vehicles.

Alberta Premier Apologizes For Comparing Unvaxxed People To HIV/AIDS Patients

Daniel Milligan - 

Narcity

Alberta Premier Jason Kenney has apologized after his comments, comparing unvaccinated people with the discrimination HIV/AIDS patients experienced during the 1980s, came under criticism.

His comments came during an announcement that the province would be ending its vaccine passport system on Wednesday, February 9 and easing some COVID-19 restrictions next week.

Kenney's response came to a question about concerns from vaccinated people, who claim they will not eat at restaurants where it's possible they could be dining next to someone who is not vaccinated.

He said: "To stigmatize people in that way, it kind of reminds me of the attitudes that circulated in North America in the mid-1980s about people with HIV/AIDS. This notion that they had to be kind of distanced for health reasons…this is a terribly divisive attitude."

Cabinet minister and Edmonton Centre MP Randy Boissonnault described Kenney's comments as untrue.

He tweeted: "There is simply no comparing vaccine passports, something that has been a travel requirement for countries for decades, to the discrimination faced by victims of HIV.

"HIV positive people were kicked out of their homes. They were denied access to burials, to cremations, to funerals. They were denied the right to see their loved ones because of homophobia and prejudice.

"To pretend that people who refuse to take advantage of a life-saving vaccine have faced comparable discrimination … is simply not true."




On Wednesday morning, the premier apologized for his comments, posting: "I made an inappropriate analogy to the stigmatization of people with AIDS. I was wrong to do so and apologize without reservation."

Alberta will begin Step 1 of its COVID-19 reopening plan on Monday, February 14.

Rules requiring students to wear masks will end, and children under the age of 12 will also not have to wear masks in any indoor or outdoor settings.

Capacity limits in large facilities and entertainment venues (for more than 500 people) remain in place, but people can now enjoy food and beverages in their seats.

Step 2 of the province's plan begins March 1 if hospitalizations numbers are in decline. This would include lifting all restrictions for large venues and entertainment venues, indoor and outdoor gatherings and mandatory work-from-home requirements, as well as scrapping the mandatory mask rules in indoor settings.

KENNEY KNOWS BETTER HE WAS IN SAN FRANSISCO IN THE EIGHTIES STUDYING AT A CATHOLIC PRIVATE UNIVERSITY AT THE HEIGHT OF THE AIDS EPIDEMIC AND CONTROVERSY

WHITE POWER PROTEST
RCMP charge ‘lead participant’ of truck convoy in Sylvan Lake with assault, mischief

Alberta RCMP charged a man they called the "lead participant" of a truck convoy after an altercation in Sylvan Lake on Thursday, Feb. 3.

Emily Mertz - Tuesday
Global News

© Global News

Members of United We Roll gather at Blackjacks Games Room in Nisku, Alta., Friday, Oct. 18, 2019.

In a news release, RCMP said they were monitoring a "Freedom Convoy" that was travelling from Eckville to Sylvan Lake.

"As the convoy travelled through Sylvan Lake, a pickup pulled in front, blocking the convoy," RCMP said in the news release. "The lead participant of the convoy approached the driver of the pickup and an altercation ensued."

RCMP investigated the incident and charged the "lead participant of the convoy, Glen Daniel Carritt," with assault and mischief.

The driver who blocked the convoy was charged provincially with failing to yield to a pedestrian.

Read more:
Truck convoy leaves Alberta for Ottawa Thursday: ‘This is about uniting Canada’

Fifty-six-year-old Carritt of Innisfail was the organizer of the United We Roll convoy in February 2019.

That truck convoy drove from Red Deer to Ottawa with a message for federal politicians.

“This is about uniting Canada with everybody that has an issue with the current government — you know, oil and gas, carbon tax, Bill C-48, C-69, whatever the issue is,” Carritt told Global News on Feb. 11, 2019.

In a phone call with Global News Tuesday morning, Carritt confirmed he was charged in connection with the Sylvan Lake convoy on Feb. 3. He told Global News that he maintains his innocence and "will not be stopped in his ongoing fight for freedoms and liberties of all Albertans."

Video: Pro-pipeline truck convoy preparing leaving Alberta for Ottawa

Carritt was released and is scheduled to appear in provincial court in Red Deer on May 18.

In the news release, Alberta RCMP asked drivers and pedestrians to "remain calm and obey all laws when encountering any type of protest. Confronting people and committing unsafe acts only serve to further inflame the situation. Individuals are asked to drive slowly, with increased caution and patience."

Video: United We Roll organizer reveals immigration reform a part of convoy’s message

COVID-19: Alberta Medical Association head hopes cases don't swing upwards with government plan, while NDP Opposition calls it 'rushed and chaotic'

The head of the association that represents Alberta’s doctors is crossing her fingers and hoping that Albertans will continue to take COVID-19 risks seriously even as the provincial government moves fast to ditch its measures.


© Provided by Edmonton Journal

A pedestrian walks past advertisements for COVID-19 vaccinations and rapid testing and the City Centre Clinic,10264 100 St., in Edmonton on Monday Feb. 7, 2022.

Kellen Taniguchi , Lisa Johnson 

Edmonton Journal

After Premier Jason Kenney announced the plan to lift COVID-19 measures, beginning with the vaccine passport at midnight Tuesday, Alberta Medical Association (AMA) president Dr. Michelle Warren said Wednesday in an interview with Postmedia the plan did not come as a surprise, but did appear “a bit rushed,” considering the total number of people in hospital is still “higher than it’s ever been.”

“Everybody is just nervous because we don’t have capacity to deal with a significant upswing in the system,” said Warren, who noted that many AMA members have reached out and expressed concern about the negative effects of public health measures, including on mental health.

“Time is ultimately going to be our judge of whether we picked the right time,” said Warren, adding the province needs to monitor the situation closely, and that she would rather see the vaccine passport, which would otherwise have needed to include a third booster shot requirement, ditched before masking mandates and social distancing, which are critical to driving COVID-19 numbers down.

While Warren said restrictions being loosened soon seemed inevitable, she stressed that COVID-19 is not done, and Albertans cannot pretend it is, and need to help decrease the spread, including getting a COVID-19 vaccine booster and wearing a mask, which for now is still mandatory in public indoor settings.

News of the restrictions being lifted was met with concern, confusion and a clamour to consider other options by the City of Edmonton , business groups, and the Edmonton Public School board. Edmonton’s city mask bylaw still remains in effect for children two and up in indoor, public spaces, not including schools.

At a news conference Wednesday, NDP Leader Rachel Notley called the government’s plan a “rushed and chaotic” mess, and challenged Kenney’s assertion that hospitalizations are declining.

“I don’t trust a single solitary word that comes out of his mouth on these issues, because he’s done nothing but hide the complete picture from Albertans since Day 1,” Notley said, pointing to the government’s lack of consultation with schools, health care staff and elected local officials.

Alberta Health Services’ spokesman Kerry Williamson said Wednesday without added ICU surge beds, the provincial health system would be at 116 per cent ICU capacity, which is less than during the fourth wave, when capacity hit a high of 178 per cent in October. However, like Warren, he noted that a tired and stressed health-care workforce doesn’t have the same ability to care for patients as in previous, pre-pandemic years.

“We are under strain. That’s not normal,” said Warren.

A pandemic response unit with 18 beds first opened in Edmonton in January remains open, treating nine overflow patients.

During his Tuesday news conference, Premier Jason Kenney said COVID-19 is putting extra pressure on the hospital system, but hospitalization numbers and active case counts are trending down.

On Wednesday, when the province’s vaccine passport was officially lifted, COVID-19 hospitalizations saw a slight decline while intensive care unit patients jumped by six. There are currently 1,615 Albertans in hospital with the virus, a decrease of eight from the previous day. Of those in hospital, 135 are in ICU.

Alberta Health Services (AHS) inpatient bed forecasts obtained by the NDP and released Wednesday suggest COVID-19 admissions were, a week ago, projected to be up to 1,422 or as low as 1,160 by Tuesday.

On Tuesday, Alberta Health reported hundreds more, with 1,623 patients in hospital due to COVID-19, still an increase of 81 since the previous day’s official update.

However, the modelling predicted a decline in the coming days to a worst-case scenario of 1,206 hospitalizations.

On Wednesday, an additional 11 new deaths were reported, but one previously reported death was determined to be unrelated to COVID-19, bringing the province’s pandemic death toll to 3,696.

While hospitalizations remained static on Wednesday, active cases across the province continued to drop. There are now 26,896 active cases in Alberta, a decrease of 1,369 cases from the previous day.

The province reported 1,684 new cases of COVID-19 on Wednesday, with a test positivity rate of 29 per cent.

As of Tuesday, 89.9 per cent of Albertans aged 12 and up have received at least one dose of a vaccine, 86.3 per cent are vaccinated with two doses and 40.1 per cent have received a booster shot.

As schools are forced to lift their mask mandate next week, 46 per cent of children aged five to 11 have received one dose of a vaccine, while 18.5 per cent have received two.

On Wednesday, Notley again accused Kenney of listening to protesters participating in an illegal blockade of the border crossing at Coutts demanding the repeal of vaccine mandates, and members of his party who support it, instead of the science.

The premier’s office did not respond to Postmedia’s request for comment Wednesday, but Kenney has previously denied the claim. Despite Kenney’s Tuesday announcement, protesters at Coutts continued to block cross-border traffic as of Tuesday night .

ktaniguchi@postmedia.com
twitter.com/kellentaniguchi

lijohnson@postmedia.com
twitter.com/reportrix

UCP DISREGARDS ALBERTANS HEALTH & SAFETY

Calgary Chamber of Commerce slams Alberta's move to cancel vaccine passport program

CALGARY — A major business group has slammed the Alberta government's decision to eliminate a proof-of-vaccine program, calling it "akin to ripping the Band-Aid off before the wound has healed."

The Calgary Chamber of Commerce issued a strongly worded statement Tuesday evening, just hours after Premier Jason Kenney announced that businesses will no longer have to require proof of COVID-19 vaccination from patrons as of midnight.

Alberta's Restrictions Exemption Program, or REP, was introduced last fall in an effort to curb spiking case rates and encourage vaccination. It requires Albertans to show proof of double vaccination or a negative rapid test result to obtain entry to businesses operating under the program.

The program is the first to go as part of the province's three-step plan to lift public health restrictions.

"The restriction exemption program has served its useful purpose. It has done its job," Kenney told a news conference.

But chamber president and CEO Deborah Yedlin said that public health measures like the REP and masking remain critical to ensuring people feel comfortable dining at restaurants, attending sporting and entertainment events, going to gyms and going to work.

"Today's announcement on the immediate removal of all pandemic measures and restrictions ignores the importance of consumer confidence in our economic recovery," Yedlin said.

She added the chamber believes that prematurely lifting restrictions could lead to reduced revenues for businesses, as people choose to stay home and minimize the potential for exposure to the virus.

Yedlin also warned of labour shortages due to illness, and a potential increase in infection rates at schools, "sending children and teachers home and disrupting work patterns and productivity for many parents."

Another industry group, the Alberta Hospitality Association, which represents restaurants and bar owners, wanted to see other restrictions — such as a liquor curfew, bans on live music and billiards, and rules about how many people can be seated at one table — removed before the passport program.

Instead, those restrictions remain in place until at least March 1.

“We’re in favour of whatever it takes so that we can operate our businesses at 100 per cent. If that means keeping the REP, then by all means," said Ernie Tsu, president of the association and owner of Calgary's Trolley 5 brewpub.

"They went against all of the stakeholder groups that wrote letters in. They didn't listen to us at all."

Unmute

Ontario looking into providing support for businesses following new COVID-19 restrictions: Finance minister

Earlier Tuesday, at the Rose & Crown in Banff, Alta., Vern Iskauskas said he was awaiting Kenney's announcement with a mixture of excitement and trepidation.

The owner of the pub and popular live music venue said he welcomes a move toward lifted restrictions, but thinks it's a mistake to ditch the proof-of-vaccine program first.

"I'm very open to lifting restrictions, I just hope it's done in the right way," he said.

“We fear losing some of the loyal customers who have come back to us because they feel safe here. We also fear that if there is a little bit of a spike in cases afterward, which could happen for a variety of reasons not necessarily associated with the REP, that our industry ... could be scapegoated again, with further restrictions placed upon us.”

Many other business owners said they feel mixed emotions over the idea of scrapping the passport.

Paul Shufelt, who owns Robert Spencer Hospitality Group, which operates a handful of Edmonton restaurants including Workshop Eatery and Woodshed Burgers, said he knows that if the province removes the mandate, business owners will have the ability to continue checking proof-of-vaccination for their own purposes.

But he said that's a tough decision to make.

"Probably more than anything, I worry for my staff on the front line, whether we go one way or the other, because those are the people that tend to feel the wrath of angry or frustrated customers," Shufelt said. "I don't think there is a right answer, and that's the hard part."

"We're welcoming a return to normalcy, but I understand both sides of it," said Mark Petros, owner of Nick’s Steakhouse and Pizza in Calgary. "A lot of our customers work at the Foothills Hospital and the Children's Hospital because we're close by, and we don't want to see the hospitals getting overloaded."

The Edmonton Chamber said before the announcement that it supported responsible health and safety measures that allow businesses to operate while protecting customers, workers and communities.

"We would hope that any decision to ease restrictions would be made in consideration of health information and supporting data," Jeffrey Sundquist, president and chief executive of the Edmonton Chamber of Commerce, said in an email.

Also on Tuesday, Saskatchewan announced a plan to lift all of its COVID-19 restrictions. Starting Monday, the province will no longer require COVID-19 vaccine passports. It is also ending its indoor mask mandate at the end of the month.

Premier Scott Moe said providing proof of vaccination against COVID-19 to enter businesses like restaurants had helped in the fight against spread of the virus.

But he said it also created deep divisions in the province — in effect "two classes of citizens."

"The benefits of this policy no longer outweighs the costs," Moe said, adding people should be able to choose whether they get vaccinated or not.

"This government is going to respect that right."

This report by The Canadian Press was first published Feb. 8, 2022.

— With files from Fakiha Baig in Edmonton.

Amanda Stephenson, The Canadian Press

'Too much, too fast': Edmonton Public board chair frustrated division was not consulted on COVID-19 changes

The head of the Edmonton Public Schools board says the government’s decision to remove masking requirements in Alberta schools was done without any consultation, leaving some parents with little to no option to switch their kids to online learning.

Ashley Joannou -
Edmonton Journal

© Provided by Edmonton Journal

Education Minister Adriana LaGrange.

In a letter to school authorities Tuesday, Education Minister Adriana LaGrange said they will no longer have the authority to require students be masked to attend school in person or ride the school bus as of Feb. 14, as part of the government’s plan to lift COVID-19 restrictions around the province.

It comes after government spent earlier phases of the pandemic saying that it was up to school boards to set rules mitigating COVID-19 risks and weeks after medical masks and rapid tests started arriving at schools for students to use.

Edmonton Public School Board chairwoman Trisha Estabrooks said Wednesday it doesn’t appear there’s a way for the division to go against the government’s decision. She said despite a downward trend in reported cases in schools, the changes are “too much, too fast.”

“Unfortunately, we have to listen to this directive and if you hear the frustration in my voice, it’s because school boards were not consulted in this decision,” she said.

“We weren’t asked for feedback and I find that incredibly frustrating, that a decision that has such far-reaching implications for school divisions, that there was no effort to reach out to us and to seek our feedback.”

Premier Jason Kenney has defended the decision not to require masks in schools, saying that the province can’t “force kids to pay the price for disease that primarily affects adults.”

“After two years, I think as a society, we should say enough already with COVID restrictions affecting the lives of kids,” he told the Shaye Ganam radio show Wednesday morning.

“Kids have paid a disproportionate share of the burden for a disease which has a tiny threat to the health of children,” he said.

Alberta Medical Association president Dr. Michelle Warren said Wednesday in an interview with Postmedia that she doesn’t think masks are damaging to children. She said kids need to be able to socialize with their peers and there are both students who don’t want to go to school if they have to wear a mask, and students who don’t feel safe without one.

“I think we need to see something that I hope to see mirrored in the adult world — and that’s respect and tolerance,” she said.

“So just because you don’t have to wear a mask doesn’t mean that you shouldn’t wear a mask or that you can’t wear a mask.”

Estabrooks said the school board will encourage students to wear masks and that the division still has the authority to move individual classes online if necessary.

The deadline for parents to decide whether their kids would spend the second half of the school year learning in person or online has passed and Estabrooks said it would be “a logistical nightmare” to allow students to switch now.

“The timing is terrible in some ways, in that we offered this choice for families, we gave families this expectation that we would have these protocols in place and now, due to factors beyond our control, we can no longer offer that.”

Edmonton Catholic School Board chairwoman Sandra Palazzo said in a statement Wednesday that the division is expecting more guidance from the government in the coming days.

“Edmonton Catholic Schools will always support students who choose to wear a mask in school. On the same note, we will support students who choose not to wear a mask,” she said.

In a email Wednesday LaGrange’s press secretary Katherine Stavropoulos did not answer a question about why school authorities were not consulted prior to the changes but said families can make a decision to wear masks based on their individual circumstance.

Alberta Teachers’ Association president Jason Schilling said Wednesday that the government should be more cautious and the association would have to talk to its lawyers about potential legal action.

He said teachers could make an occupational health and safety claim.

“They can look at their workspace, their classrooms, and say, ‘I don’t feel safe here,’ ” he said.

Talk of a potential legal action drew criticism from both Kenney and Calgary-South East MLA Matt Jones.

“Almost all Alberta teachers are vaccinated. To deny their safety is to deny the efficacy of vaccines at reducing severe outcomes,” Jones said.

— With files from Lisa Johnson

ajoannou@postmedia.com
twitter.com/ashleyjoannou

Teachers' union, Edmonton school board, worried about Alberta lifting COVID mask rule

Yesterday

EDMONTON — The president of the Alberta Teachers' Association says it is exploring legal options after the province announced it will lift the mask mandate in classrooms and take away power from school boards that disagree with the decision to implement their own rules.

Jason Schilling said Wednesday it's too soon to say whether individual teachers will take legal action against the government but it is talking to its lawyers about teachers who may have occupational health and safety concerns.

"The association will look at all the avenues that we have available to us in order to make sure that our teachers are working in a healthy and safe atmosphere and environment," Schilling said Wednesday.

"Teachers can look at their workspace, their classrooms, and say I don't feel safe here like every employee across the province."

The province announced Tuesday that mandatory mask rules will be cancelled for children under 12 in all settings and for all children in schools starting next week.

Education Minister Adriana LaGrange also issued a public letter informing school boards they no longer have the power to override the directive and order students to wear masks in school or on school buses.

Schilling said school boards were initially handed the autonomy last fall.

LaGrange said there has been a downward trend in the number of Alberta schools that have shifted to at-home learning over the last few weeks due to COVID-19 outbreaks.

"At the peak of the fifth wave, there were 29 schools that were shifted to at-home learning, and today, only seven of the over 2,500-plus schools in our province remain learning at home."

Premier Jason Kenney tweeted Tuesday he found it "disturbing to see that the teachers' union thinks unmasked kids create 'an unsafe workplace' and is threatening legal action to force kids to wear masks indefinitely."

"Almost all Alberta teachers are triple vaccinated. Treat kids like kids, not 'unsafe' vectors of transmission."

Trisha Estabrooks, the chair of Edmonton Public Schools, said the district plans to tell the parents of its 105,000-plus students that masks are still encouraged because she's concerned there will be more spread of the virus.

"We're seeing a downward trend in terms of self-reported cases of COVID in our school but, to remove a layer of protection for our students and staff in the midst of not seeing high vaccination uptakes in kids five to 11 years of age, and not having even a vaccine for kids under the age of five, it may be at risk," she said.

"It's too much too fast."

Estabrooks said the government's masking announcement is a "nightmare" because many parents decided to send their kids to school in-person instead of enrolling them into online learning due to protocols such as a mask mandate that was promised by the school board.

"Parents have had a lot of faith in our back-to-school plan," Estabrooks said.

"The protocols gave parents a lot of confidence. Now, it's a very different story. You can imagine, for a school division this size, to allow additional families to now switch to online is pretty much impossible."

Estabrooks said she's frustrated that school boards were not consulted by the government and noted her email inbox is filling up with messages from concerned parents.

"There is a level of politics that is at play in this pandemic. It has been at play the entire two years that we've been through this and that's all I'm gonna say on that."

This report by The Canadian Press was first published Feb. 9, 2022.

---

This story was produced with the financial assistance of the Facebook and Canadian Press News Fellowship.

Fakiha Baig, The Canadian Press

Alberta's advanced education minister pens letters to post-secondary institutions to lift vaccine and mask requirements

Kellen Taniguchi - Yesterday 
Edmonton Journal

Alberta’s advanced education minister is expecting students to return to post-secondary campuses in March without having to provide proof of vaccination or wear a mask.


© Provided by Edmonton JournalAdvanced Education Minister Demetrios Nicolaides.

In a letter sent to all Alberta post-secondary institutions on Wednesday, Demetrios Nicolaides said he expects schools to “align” their COVID-19 policies and practices with the Alberta’s government.

On Tuesday, Premier Jason Kenney announced the immediate lifting of the province’s Restrictions Exemption Program (REP) and the possibility of more restrictions being lifted next month.

“Essentially, post-secondary institutions will have the full ability to return to pre-pandemic delivery without the need to enforce physical distancing, implement proof of vaccination programs and masking effective March 1,” Nicolaides said in the letter.

“Like you, I am eager to see students returning to in-person learning without masking and proof of vaccination requirements this March.”
‘Nobody is asking for this’: students’ union reacts to the minster’s letter

Rowan Ley, president of the University of Alberta Students’ Union (UASU), said early results from a student survey suggests students do not support the minister’s letter suggesting a return to campus with no masks or proof of vaccination.

U of A students can access the survey online and as of 6 p.m., 140 students responded and Ley said the response has been quite negative.

“The preliminary results, which I don’t expect will change very much, is that 56 per cent of students strongly do not support the minister’s decision, 22 per cent don’t support, 14 per cent are unsure, four per cent support and three per cent strongly support,” Ley told Postmedia. “So, just for context, that’s only seven per cent of students who support the minister’s decision.”

Ley said this is not a decision that should have been made without consulting students and universities, and it’s a decision that creates a lot of “instability and chaos” when students need stability.

“Students really did not have a problem with mask and vaccine requirements, like, nobody is asking for this,” he said. “They were minimally inconvenient and were a way to help keep people safe, including a lot of immunocompromised classmates or elderly instructors,” said Ley.

The University of Alberta has postponed in-person learning until Feb. 28 and MacEwan University has delayed its return to the classroom until Feb. 22.

In a Tuesday update, the U of A said there will be “no immediate changes” to its current U of A campus safety measures, including its CampusReady System.

The university said the CampusReady system is not part of the government’s REP. The system currently requires students and staff to upload their proof of vaccination or exemption and have a CampusReady pass before accessing any U of A campus or facility.

ktaniguchi@postmedia.com

twitter.com/kellentaniguchi

'Gutted:' Edmonton business owners on Alberta ending vaccine passports

Members of Edmonton’s business community are confused, crestfallen and cautiously optimistic about the end of Alberta’s vaccine passport program.

Hamdi Issawi - Yesterday 
Edmonton Journal

© Provided by Edmonton Journal

Paul Shufelt, owner of Workshop Eatery in southeast Edmonton.

Tuesday evening, Alberta Premier Jason Kenney notified the province less than seven hours before nixing the restrictions exemption program (REP), which was implemented in September and designed to encourage immunization uptake amid vaccine hesitancy while also giving consumers confidence to stimulate a lagging economy.

Other restrictions affecting entertainment venues, such as limiting liquor sales after 11 p.m. and barring social activities such as dancing or mingling between tables, are set to lift March 1, so long as hospitalizations connected to COVID-19 infections trend downward.

Kris Harvey, operating partner of Chvrch of John, a bar and entertainment venue in Downtown Edmonton, said the decision to end the program left him “gutted,” especially since the last round of restrictions imposed before Christmas have effectively shuttered his business, which makes the bulk of its sales after 10 p.m.

“It’s a completely backwards way of operating,” Harvey said. “What they’re doing is pandering to an unvaccinated population that has given us the reason to have the restrictions exemption program in the first place.”

He would rather see the province keep the program and ease restrictions that have paralyzed businesses like his in the hospitality industry.

“That would have been a better, thoughtful process that prioritizes a business’s employees and the people who are involved,” Harvey said, noting that he’s had to lay off his staff while paying rent without revenue. “Instead, they went the other way and we’re still not able to employ people for the next three weeks.”

The only silver lining, he added, is that there’s hope on the horizon for a reopening date, and some time to prepare for it.

‘Feels a bit like Groundhog Day’

Far less optimistic than he was during the first round of restrictions almost two years ago, restauranteur Paul Shufelt said he’s still “anxiously hopeful” about the end of the program after yet another wave of COVID-19 infections, and waxing and waning public health guidelines.

“I do feel like this is a move in the right direction, to getting back to some sort of normal, but there still is a sort of stress,” he said. “Is this 100 per cent the right thing to do right now? Is this the last time we’re going to be doing this? It definitely feels a little bit like Groundhog Day.”

As the owner of Robert Spencer Hospitality, the company is behind a handful of restaurants including Woodshop Eatery and Woodshed Burgers, Shufelt said he’s been trying to strike a balance that keeps restaurant doors open and both staff and guests safe. But he said he’s not reckoning with public health measures so much as consumer confidence.

“I think it has less to do with REP being in place or not,” he said. “I think it has more to do with the ebb and flow of the virus and people feeling uncomfortable going out to all of a sudden not feeling comfortable again.”

In the meantime, Shufelt plans to comply with the program’s cancellation guidelines, “but we’ll be ready, if that has to come back into place,” he said.

Jeffrey Sundquist, president and CEO of the Edmonton Chamber of Commerce, said while both consumer and business confidence are key components to getting Alberta’s economy back on track, the end of the program is a complex issue, and one that will affect every business differently.

However, he added, businesses should also be able to maintain point-of-entry protocols and validate vaccination status as they did with the program.

“The infrastructure is already there, and we’ve asked a lot of our frontline workers over the last two years,” he said. “If the proprietor feels that that is the right way forward, then that’s fair under these new guidelines.”
‘Cart before the horse’


Action Potential Fitness co-owner Zita Dubé-Lockhart co-owns a gymnasium business through the changing COVID-19 restrictions imposed by the provincial government. The gym has a mandatory vaccination program to keep their clients safe.

 Ian Kucerak/Postmedia

Zita Dubé-Lockhart, for one, has decided to hold off on making any changes for the time being.

“What is frustrating is the insistence on giving us no notice, and putting us in a position where we have to incessantly kind of pivot our businesses without any sort of direction or knowledge,” she said. “Giving businesses less than seven hours to prepare for this felt cruel — not even difficult, but cruel.”

As the co-owner of Action Potential Fitness, a boutique gym in west Edmonton, she’s keeping an eye on Edmonton city council, which is considering its own proof of vaccination program.

“We might have to change things all over again,” she said. “So it feels like the cart was put before the horse. It feels like this was really poorly rolled out, and it feels really disrespectful as a business owner.”

hissawi@postmedia.com

@hamdiissawi

Notley accuses Kenney of pandering to protesters, Alberta set to announce plan to lift restrictions this week

Lisa Johnson - Tuesday

Edmonton Journal

© Provided by Edmonton Journal

Alberta NDP Opposition Leader Rachel Notley calls for the UCP government to put an end to illegal protests against COVID-19 mandate in Alberta, Feb. 7, 2022.

As Alberta’s government prepares to launch a plan to lift COVID-19 restrictions, NDP Opposition Leader Rachel Notley is accusing Premier Jason Kenney of being bullied by disruptive protests across the province.

Notley said at a Monday news conference the UCP cabinet is “surrendering in slow motion” and she’s “deeply disturbed” by the government’s response to those who have been clogging the highway at the Coutts border for 10 days.

“It’s time for this lawlessness to end,” Notley said, calling again for the government to seek a court injunction to disperse the blockade. Kenney said last week he was prepared to seek an injunction. But he said it wasn’t necessary for police to begin enforcement, instead calling for calm from those involved with or sympathetic to the blockade.

Notley’s call comes after Kenney said in late January the province would lift public health restrictions at the end of March , beginning with the province’s vaccine passport, but last week the UCP announced it would speed up that timeline by more than a month . The move has prompted some health experts to urge caution and question what data supports lifting restrictions sooner, given the high number of hospitalizations across the province.

Notley said she supports public health measures coming to an end soon, but the government must be transparent about the scientific advice behind the plan, suggesting Kenney is trying to shore up votes for an upcoming United Conservative Party leadership review slated for early April.

“The sight of an elected government being bent to the will of criminals should be a grave concern to everyone regardless of their political beliefs,” said Notley.

In a Monday statement, Kenney’s press secretary Justin Brattinga said the government respects lawful protests, but the blockade at the Coutts border crossing is illegal, causing major inconveniences for other motorists, and could dangerously impede emergency services.

“This blockade must end,” he said, adding it is at the discretion of police to enforce the law.

In an interview with Postmedia Friday , Kenney said the government will be publishing a plan for opening early this week because the province has passed its peak of Omicron cases, denying that his cabinet is caving into the demands of protestors who want to see all vaccine mandates lifted.

“We want to do this cautiously, but moving forward with real intention to lift almost all restrictions throughout February,” said Kenney, adding his government has long been reluctant to bring in public health restrictions. On Monday, the Premier’s office did not provide a timeline for when the plan to lift restrictions would be made public.

Meanwhile, the RCMP has said it has “several” active investigations underway into protesters at Coutts.



Some protesters have said they’re prepared to stay for months, until both provincial and federal COVID-19 mandates are lifted.

Meanwhile, Saskatchewan Premier Scott Moe has said his government will remove all COVID-19 measures by the end of February. He’s expected to announce the plan Tuesday.

In British Columbia, the government has said it’s looking at lifting r emaining restrictions, including a ban on organized gatherings like wedding and funeral receptions, with a review slated for Feb. 15.

— With files from Michael Rodriguez

lijohnson@postmedia.com
twitter.com/reportrix

Alberta border blockade hampered by tow trucks reluctant to haul away vehicles: RCMP


COUTTS, Alta. — RCMP say removal of trucks and other vehicles from a protest in southern Alberta against pandemic restrictions is being hampered by towing companies that don’t want to help.

“Moving (massive) vehicles like these require special equipment and operators,” RCMP Deputy Commissioner Curtis Zablocki said Tuesday.

“Unfortunately (the towing companies contacted said) they were unwilling to become involved when it was implied that helping law enforcement with removal would likely damage their livelihoods into the future.”

Police facing a convoy of truck drivers and other supporters in Ottawa have reported similar reluctance from tow operators.

Zablocki said the protest snarling traffic at the Coutts border crossing is illegal, but the goal, for now, is to end it peacefully while keeping traffic and goods flowing as much as possible.

But Zablocki added: “We are investigating. There will be charges. And this does not end when the road is clear.”

The blockade at the Coutts border crossing began Jan. 29. Protesters in trucks, tractors and other vehicles tied up traffic in both directions and at times stopped it altogether. They are demanding an end to COVID-19 vaccine mandates for cross-border truck drivers as well as to other public health measures.

Demonstrators in Alberta and other Canadian cities have come out in sympathy with the original trucker convoy in Ottawa and, in recent days, set up at the crucial border crossing to Detroit at the Ambassador Bridge in Windsor, Ont.

Alberta Premier Jason Kenney has said he sympathizes with protesters but has condemned the illegal blockade.

Sonya Savage, acting justice minister, said the government is letting the RCMP handle the impasse, but noted the province has the power to pursue civil options, including an injunction and forfeiture.

“Property that is involved in the commission of a crime can be seized and forfeited to the Crown,” said Savage.

“Those are pretty expensive vehicles that are on the side of the road — tractors and other equipment — that could be seized and forfeited.”

Irfan Sabir, justice critic for the Opposition NDP, said Kenney’s United Conservative government needs to take action.

“The UCP still hasn’t applied to the courts for an injunction to clear the blockade,” said Sabir.

“Savage describes the situation as unlawful and intolerable, but refuses to take even this basic step to give the law enforcement all the legal resources they need.

“It’s clear the UCP is simply unwilling to uphold the rule of law if it damages Jason Kenney’s chance of surviving his leadership review.”

Kenney is facing low poll numbers, as well as a split in his caucus and party over the health restrictions, as he heads into a mandatory leadership review in April.

The blockade has stranded travellers and cross-border truckers for days, compromised millions of dollars in trade and impeded access to basic goods and medical services for area residents.

The situation has changed daily and sometimes hourly.

Last week, protesters agreed to open a single lane in each direction so that truckers could haul their loads across the border, but blocked all access Monday night before one lane was reopened early Tuesday.

This report by The Canadian Press was first published Feb. 8, 2022.

The Canadian Press

Could Ottawa police be sued for failing to arrest 'freedom convoy' protesters?



Erika Chamberlain, Professor and Dean, Faculty of Law, Western University - Yesterday 
The Conversation


The leaders of the so-called freedom convoy in Ottawa have been served with a $9.8 million class-action lawsuit for the private nuisance caused by the noise and disturbance of the protest.

In addition, the crowdfunding site GoFundMe halted the release of funds from the campaign associated with the convoy, citing “the promotion of violence and harassment” in the nation’s capital.

But what about Ottawa police, who have been criticized for their failure to enforce municipal bylaws and criminal laws against the protesters? Should they also be liable for the losses suffered by locals, especially by businesses that have closed and lost substantial revenue?
Precedents in Canada

In Canada, police can be sued for their failure to protect victims of crime in some circumstances.

The leading case on police liability for failure to protect crime victims is Jane Doe v Metropolitan Toronto (Municipality) Commissioners of Police. The plaintiff, a victim of the so-called Balcony Rapist, successfully sued police after she learned that they knew a serial rapist was in the area and was likely to strike again.

Police had decided not to warn local women for fear that they would become “hysterical” and would jeopardize the investigation. The force was found liable for their failure to warn or protect the women from the rapist.

Two main factors were important to Jane Doe’s claim. First, the crime was foreseeable to police. Second, there was a narrow, identifiable group of potential victims (single women living in second- and third-floor apartments in a downtown neighbourhood). In other words, police had a duty to protect the women from a crime they believed was likely to happen.

In the decades since Jane Doe, police have been sued for their failure to protect victims of domestic violence and gang violence from known perpetrators. A private security firm was also sued for its failure to protect replacement workers who were killed during a violent strike in a mine in Yellowknife.

In each case, the crime was foreseeable and potential victims were identifiable.

What about Ottawa?

By this logic, it would be reasonable to conclude that police could be liable where crime is obvious and ongoing in a limited geographic area and they fail to take action against the perpetrators. But there are some facts that might distinguish the Ottawa situation from earlier cases.

One main difference regarding the situation in Ottawa is that one of the most substantial and longstanding harms is not physical injury, but economic loss to businesses that have closed. Police inaction seems more egregious when the lives and security of identifiable victims are endangered than when profits are lost.


© THE CANADIAN PRESS/Justin Tang

Counter-protesters hold signs protesting police inaction outside the Ottawa police headquarters.

While numerous people have reported harassment and disruption by the protesters, few rise to the level that would normally lead to a lawsuit.

Second, the relevant offences in Ottawa (for example mischief and noise violations) are public in nature, and aren’t targeted at specific victims. The losses suffered by businesses are the byproduct of the disruption in the downtown core.

Third, Ottawa police have had to balance the need for enforcement against the constitutional rights of freedom of expression and assembly — factors that are entirely absent in cases of gender-based or gang violence. They have also said that they have insufficient manpower to clear a convoy of massive motor vehicles and that enforcement efforts may escalate the conflict.

At the same time, a potential claim against Ottawa police would be stronger than some earlier cases because the criminal activity is occurring openly and consistently. Ottawa police could not argue, as some other police forces have, that it’s impossible for them to predict when a suspected criminal will strike, or that their intervention would not have made a difference.
Claims of uneven enforcement

Finally, police could be subject to allegations that their enforcement practices are uneven or even discriminatory.

Read more: What the 'freedom convoy' reveals about the ties among politics, police and the law

To date, the convoy has been met with less force than, for example, social justice protests in support of Indigenous and Black rights.

While police have some discretion regarding law enforcement, exercising it arbitrarily could be seen as misuse of power. Under Canadian law, a public official’s decision on whether to exercise a power cannot be based on irrelevant or improper considerations, such as the object’s race, socio-economic status or political beliefs.


© THE CANADIAN PRESS/Justin Tang

A protester carrying an empty fuel container on a broom handle walks on Metcalfe Street past Ontario Provincial Police officers.

Of course, the reasons for a police officer’s decision to exercise power can be difficult to deduce, much less prove, and the allegations of uneven policing are national in scope. To the extent that these concerns are systemic, they may be better addressed through public processes rather than private lawsuits.

Ultimately, lawsuits are a slow, rough and uncertain tool for addressing negligence by public authorities. Nevertheless, they can provide a useful means to draw attention to official inaction and thereby apply pressure for change. And for those who suffer substantial losses, lawsuits may provide the only hope for obtaining compensation.

This article is republished from The Conversation, a nonprofit news site dedicated to sharing ideas from academic experts.

Read more:

Whose freedom is the ‘freedom convoy’ fighting for? Not everyone’s

Majority of Canadians disagree with ‘freedom convoy’ on vaccine mandates and lockdowns

Erika Chamberlain receives funding from the Social Sciences and Humanities Research Council of Canada.