Athletes as essential workers?
Canadian border closure extension shouldn’t spook Canucks
VANCOUVER — Stanley Leo is an avid local hockey fan. He’s also an associate immigration lawyer.
On Tuesday, his passion and his practice became more relevant.
When Prime Minister Justin Trudeau announced that closure of the Canada-U.S. border would be extended from May 21 to June 21 for non-essential services and travel — excluding trade, commerce and health-care workers — pro sports obviously took notice.
So did Leo.
With shifting timelines to resume or start seasons for the Vancouver Canucks, the Whitecaps and the B.C. Lions, the border issue comes with complexities and solutions. The NHL uses a “hopeful” summation to reflect the long and often bumpy road to possible resumption of a season placed on pause March 12 by the pandemic.
From acquiring repetitive and accurate COVID-19 testing that wouldn’t burden the general populace seeking screening, to arena and accommodation logistics in hub cities for a proposed 24team, play-in tournament, another border hurdle needs clearing.
The Canucks are operating under the assumption, and hope, that the league’s latest self-isolation edict will be lifted by the end of the month. That would allow small groups to train and possibly skate in anticipation of a training camp, and eventual resumption of play.
However, those arriving in Vancouver from the U.S. or Europe would face an additional 14-day quarantine period. Trudeau has placed a strict minimum quarantine for players returning from abroad, and his border dealings with the NHL are still in the discussion stage.
The obvious question is: Are pro sports an essential service?
“In layman’s terms for sure, but they fall more under entertainment,” said Leo of the Vancouver-based Lowe and Company firm. “To have hockey come back, the players would provide the entertainment. And if they make the argument that, even with empty stadiums, they provide for extra online sales, or partner with food establishments to help them survive, it would provide a positive factor.
“Anything that can stimulate economic activity now, I don’t think they (governments) would turn away from that.”
As for crossing the border into Canada, it can be simple or complex.
With a work visa, residence in the Lower Mainland and the notoriety of the NHL, those returning to Vancouver shouldn’t encounter difficulties.
“Hockey players aside, the travel restrictions the Canadian government has put in place since the pandemic was announced, have actually been quite fluid,” said Leo. “But there have been major differences about what they’ve written down into law and what we’re seeing at ports-ofentry when the border officers are actually in the process of admitting people to Canada.
“There are different rules at play for people entering from the U.S. or outside North America.”
What isn’t debatable is an additional 14-day quarantine phase when players return from abroad. And if Canadian cities factor in the hub-site arrangement for resumption of play, extra precautions only make sense.
“There are deviations from it and we in the immigration law community continue to encounter what is essential (service). If it (NHL) is considered essential by national and provincial governments, then maybe they come back and get (quarantine) exemptions. I’m only speculating and not sure how that would be received by the public.”
The answer is simple — not well. Same for the governments.
Leo said the bordercrossing process should be straightforward, even if those granting the consent can make it more tedious.
“There’s different language for entry that’s considered non-optional and non-discretionary and work is actually considered in that language,” he added.
“But what we’re finding is that border officers tend to be interpreting that language. But because of the notoriety of hockey players, I’d say if play was resuming and players needed to enter and they’re entering from the U.S., an officer would probably see that and come to a positive decision to let them in.”
As for those arriving from Europe, there’s the realization of a blanket ban on returning here unless clear exemptions are met. Work authorization is the obvious key.
“Even if they met that criteria, their families might not be able to come — it’s a lot less clear about that,” said Leo.
“For players who have families that’s going to be something that might be quite difficult. The rules would probably allow them to come, but then again, the border officers are kind of all over the place right now as to what they’re allowing.
“But again, with the notoriety of hockey in Canada and being a professional sport, and if play was resuming, I don’t think they would stand in the way.”
And a word of advice for those returning from abroad.
“Hopefully, they don’t have expired work visas,” said Leo. “That’s going to be a problem and a pain. But with the notoriety, they (immigration officials) might pay more attention.”