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

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 31^st, 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?