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If sports players are allowed exemptions, shouldn’t we all? Introduction to the National Interest Exemption

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BY SIMONE J. SMITH

We now live in a world where rules are applied for some, and not applied for others.

After reading this article, I would not be surprised if many of you feel moved to lash out at our government. Yet again, they are practicing what too many might see a little unfair. I am curious, how many of you know about the Canadian government’s National Interest Exemption?

What is that you ask? Well, basically, it allows certain members of our society to be exempt from policies that are mandated by our government. According to Canada.ca, each decision is weighed carefully in order to protect the health and safety of Canadians and to mitigate the spread of COVID-19.

They have the authority to issue two types of national interest exemptions as follows:

  • Exemptions from travel restrictions for foreign nationals travelling from any country other than the United States
  • Exemptions from quarantine requirements for individuals who are authorized to travel to Canada

To date, they have granted five class-based quarantine exemptions on the basis of national interest for professional sports leagues – two for the National Hockey League, one for Major League Baseball and two for Major League Soccer.

It is intended for use in exceptional circumstances only. All other exemptions must be considered before giving consideration to applying the national interest exemption. National interest exemptions are to be used in limited cases beyond those contemplated by the other exemptions. They are not meant to be a workaround for cases when the authority authorized to make the exemption does not grant a more appropriate exemption.

IRCC uses the Public Safety Canada Guidance on Essential Services and Functions in Canada During the COVID-19 Pandemic webpage as a guide to determine whether a person’s travel to Canada is related to supporting critical infrastructure. IRCC also uses provincial guidelines.

The Minister of Public Safety and Emergency Preparedness and the Minister of Foreign Affairs also hold national interest granting authorities for both exemptions from quarantine, and from the non-United States travel restrictions under the COVID-19 related orders in councils (entry restrictions). Quarantine exemption decisions are based on the advice of the Minister of Health and with full support of provincial health authorities and implicated municipalities.

All individuals that are granted an IRCC national interest exemption from the travel restrictions are subject to the mandatory quarantine requirements, unless specifically exempted from the quarantine requirement. They claim that each case is thoroughly analyzed to ensure there is a national interest in having a foreign national enter the country despite the COVID-19 travel restrictions in place.

According to the Public Health Agency of Canada, the five class-based exemptions from quarantine granted to the professional sports leagues applied to a total of 1,458 individuals as follows:

  • 1,200 individuals from the National Hockey League
  • 20 individuals from Major League Baseball
  • 134 individuals from Major League Soccer for pre-season training
  • 104 individuals from Major League Soccer for pre-playoff training

As of October 31st, 2020, 1,398 national interest exemptions from the travel restrictions, to allow entry to Canada, were granted by the Minister and delegated officials, as follows:

  • 1,098 exemptions were granted for business visitors who were coming to support critical infrastructure;
  • 276 for urgent resettlement of refugees; and
  • 12 were for family members of victims of Ukrainian Airlines flight PS752.

The remaining 12 were for other reasons.

Interesting. I can see when it comes to the resettlement of refugees, and the twelve family members of victims of Ukrainian Airlines flight PS752, but were they just used as a loophole to substantiate the exemptions? Community; let us know your thoughts; if sports players are allowed exemptions, shouldn’t local citizens?

We, as humans are guaranteed certain things in life: stressors, taxes, bills and death are the first thoughts that pop to mind. It is not uncommon that many people find a hard time dealing with these daily life stressors, and at times will find themselves losing control over their lives. Simone Jennifer Smith’s great passion is using the gifts that have been given to her, to help educate her clients on how to live meaningful lives. The Hear to Help Team consists of powerfully motivated individuals, who like Simone, see that there is a need in this world; a need for real connection. As the founder and Director of Hear 2 Help, Simone leads a team that goes out into the community day to day, servicing families with their educational, legal and mental health needs.Her dedication shows in her Toronto Caribbean newspaper articles, and in her role as a host on the TCN TV Network.

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Canada passes new law to address wrongful convictions

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BY SIMONE J. SMITH

The work of Innocence Canada, formerly known as the Association in Defence of the Wrongly Convicted (AIDWYC) has made a significant difference on the Canadian legal scene. According to the website: www.innocencecanada.com the organization was launched in February 1993 as an extension of the Justice for Guy Morin Committee, which was established in 1993 after he was wrongfully convicted. AIDWYC received widespread media attention due to the work of Rubin “Hurricane” Carter who served as its founding Executive Director for over ten years. Carter served nineteen years for a wrongful conviction in a New Jersey prison and was subsequently released.

It was in October 2016 that AIDWYC rebranded as Innocence Canada with a new logo adorn with tally marks to coincide with each exoneration. In a press release issued by Innocence Canada on Thursday, December 12th, 2024, details were announced regarding the passage of Bill C-40. It is titled, “The Miscarriage of Justice Act “and is also known as “David and Joyce Milgaard’s Law.”

The press release notes, “It makes drastic changes to the Criminal Code and creates a new tribunal or commission to address all claims of wrongful conviction. It eliminates our present Ministerial Review process that has for more than 100 years been the only resort for the wrongly convicted.”

In the press release, David’s sister, Susan Milgaard states, “My mother and my brother will be looking down on us and celebrating this new law. I am very grateful it is named after them. They did so much to get this law passed, because they were dedicated to the cause of all the innocent people in prison who had no good place to seek justice. Now they will have a place to go.”

James Lockyear of Innocence Canada states, “Today is a great day for all those wrongfully convicted. Innocence Canada has been advocating for this law for more than 30 years. It will bring Canada in line with other countries that already have a similar commission and be a change for the wrongly convicted and the Canadian criminal justice system.”

It was in 2009 that David Milgaard was wrongfully convicted of the murder in the rape and death of Gail Miller. She was a nursing student at the time. Miller spent 23 years in prison as a sentence. However, in 1992 he was freed and found innocent. Since then, Milgard has actively engaged in advocacy for those who are wrongfully convicted and has worked hard for the establishment of an independent to review cases of wrongful convictions.

The fact that David and his mother, Joyce Milgaard are both deceased and not present to celebrate this day is unfortunate. Milgaard’s sister, Susan states, “It didn’t take a village, it took a country to achieve what we have and thank God for Canada because we’ve done it.”

An independent commission will be established to review potential wrongful convictions rather than the Minister of Justice. Arif Virani, Minister of Justice and Attorney General of Canada states, “It is Important that this legislation includes money, personnel, and legal aid funding.”

Ron Dalton of Innocence Canada states, “We’re currently working on 130 cases in our office, and we only have the resources to look at homicide cases.”

A press release was issued on Wednesday, December 18th, by the Department of Justice Canada to highlight the fact that the David and Joyce Milgaard’s Law received royal assent. Innocence Canada states, “All of us at Innocence Canada are delighted by the passage of David and Joyce Melgaard’s Law, which creates a new and independent body of experts to address future claims of wrongful conviction. Justice Minister Arid Virani and his predecessor, David Lametti, deserve great credit for this ground-breaking legislation which will make for an enormous improvement to our criminal justice system.”

The press release outlines some of the purposes of the new independent commission. It notes that it will not be an alternative to the courts. In general, applicants will first need to exhaust their rights of appeal before requesting a miscarriage of justice review by the commission. Furthermore, it “will not decide whether an applicant is guilty, or innocent, and there will be a dedicated victim services coordinator position to support victims and assist with the development of procedural policies especially as it relates to victim notification and participation in a manner consistent with the Canadian Victims Bill of Rights.

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The Toronto Caribbean Carnival is in desperate need of emergency and sustainable multi-year funding

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BY PAUL JUNOR

The announcement of a $3.5 million “critical investment” in the Toronto Caribbean Festival by the federal government is good news for the Festival Management Committee (FMC). The announcement was made on Monday, December 16th, 2024, as part of the Fall Economic Statement by the government of Canada. A press release from the FMC referred to the anticipated funding although details such as the release date and others are still unknown.

There has been media attention hinting at the possibility that the Toronto Caribbean Festival could be canceled in 2025, because it came up $2 million short in funding. It was on October 28th, 2024, that MPP Dr. Jill Andrew rose in the Ontario Legislature and informed the Ontario government that the festival was cash strapped. She stated, “The Toronto Caribbean Carnival is in desperate need of emergency and sustainable multi-year funding.” She mentioned the economic importance of the festival to the province and the fact that it costs $2.5 million to run. She called on the provincial government to ensure that the festival is funded adequately beyond the paltry $120,000 that it allocated to it in 2024.

In addition to MPP Andrew’s request for sustainable funding, a petition was launched by the Festival Management Committee. The petition describes vital aspects of the festival and lists ways that it contributes to the: cultural, economic and social life of Toronto. Undoubtedly, the ongoing issue of funding of the Toronto Caribbean Festival is one that will not go away unless, or until the three levels of government: provincial, federal and municipal decides to elevate it to a high level rather than just pay lip service to its importance annually. It is often used as a great photo-op for politicians during the summer.

The press release from the FMC revealed that there was a lot of work that was done behind the scenes prior to the announcement. “This critical investment follows nearly two years of intense advocacy.” This $3.5 million funding will go towards addressing systemic underfunding and highlighting the carnival’s vital cultural and economic contributions to Canada.

Jennifer Hirlehey, Executive Chair of the FMC states, “This achievement reflects the dedication of our team and the collective support from our stakeholders, the Caribbean community business. Together, we have demonstrated the power of unity and a shared vision. This funding will ensure the Carnival remains a dynamic force in Canada’s cultural and economic landscape, inspiring generations to come.”

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The Global Jamaica Diaspora Youth Council continues to unite and inspire young Jamaicans abroad

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Photo featuring Steven Getten

BY RUSHANE FERRON

The Global Jamaica Diaspora Youth Council (GJDYC) celebrated another milestone with its second annual event held at the Jamaican Consulate in Toronto, Ontario. The gathering, which took place on December 20th, 2024, continued the council’s mission to unite youth across the Greater Toronto Area (GTA) in celebrating and strengthening their Jamaican heritage.

Spearheaded by GJDYC Canada Representative, Steven Getten, in collaboration with the Jamaican Consulate, the event has quickly become a vital platform for fostering a sense of community among young Jamaicans in Canada. It offers a lifeline to those without close family connections, creating opportunities for: cultural exchange, mentorship, and relationship-building.

This year’s event attracted an even broader audience, drawing second, third, and fourth-generation Jamaicans eager to deepen their ties to their cultural roots. In her opening remarks, Consul Younna Bailey Magalhaes warmly welcomed attendees, emphasizing the importance of unity and collaboration within the Diaspora.

Keynote speaker Yanique Williams, Public Policy Director at Uber for Western Canada, delivered an inspiring address encouraging youth to embrace their potential and focus on building strong, supportive networks. Her words resonated with many, highlighting the importance of resilience and community in achieving personal and professional success.

Steven Getten closed the event with a heartfelt reflection on his migration journey and the power of solidarity within the Jamaican community. “Life in Canada may be difficult, but we have a vibrant Jamaican community. Let’s support each other and build together,” he urged.

The event’s success was made possible through the support of generous sponsors, including Grace Foods, JN Group, Keda Law, Nursing and Homemakers Inc., Caribbean Airlines, and Caribbean Queen. These partners provided essential packages for newcomers, students, and youth in need, reinforcing their commitment to uplifting the Jamaican Diaspora in Canada.

As the GJDYC continues to grow, events like these serve as a testament to the power of cultural heritage in uniting and inspiring young Jamaicans abroad. The council remains steadfast in its mission to cultivate a thriving, connected Diaspora that celebrates its shared history while embracing future possibilities.

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