Publication mail agreement no: 40063603 OFFICIAL NEWS MAGAZINE OF THE CANADIAN SNOWBIRD ASSOCIATION | SPRING 2021 | ISSUE 118 IN THIS ISSUE TRAVEL Musical journeys FINANCE Moving on after the pandemic HEALTH Take care of your tendinitis
Snowbirds have unique needs that we understand. Protect your home and auto with an insurance plan designed for your lifestyle. We’ll be with you all year long. Call us for a quote today 1-800.267.8000 Heading South this Winter? Endorsedby theCanadianSnowbirdAssociation. UnderwrittenbyRoyal&SunAlliance InsuranceCo. RSA isa registered tradenameofRoyal&SunAlliance InsuranceCompanyofCanada. “RSA”and theRSA logoare trademarksusedunder licence fromRSA InsuranceGroupplc
Editor’s Message CSANews© is published four times a year and is Copyright SPRING 2021 by Medipac International Communications Inc., 180 Lesmill Road, Toronto, Ontario M3B 2T5. 416.441.7000. Subscription Price: $9.95 Canada; $20.00 U.S. and foreign. Single copy: $3.95. Prices include tax. Published by Medipac International Communications Inc. Opinions expressed are those of the writers and are not necessarily those of the CSA, Medipac International Communications Inc. or its affiliates, their Directors, Officers, or other employees or agents. Canadian Publications Mail Product Sales Agreement No: 40063603. ISSN No: 1195-2393 Barb & Ron Kroll Dr. Robert MacMillan Shari McIntyre David McPherson Andrew Moore-Crispin Rex Vogel Robert Wiersema Judith Adam Gabrielle Bauer Donna Carter Michael Coren Jennifer Cox James Dolan John Hardy Milan Korcok Karen Huestis Ron Steeves Garry McDonald Ted Popel Wendy Caban Bob Slack James Leroux Mike Legault John Foster James Carl Simpson Johanne Blain Michael MacKenzie Wallace Weylie President First Vice-President Second Vice-President Treasurer Secretary Past-President Director Director Director Director Director Executive Director Legal Counsel CSA BOARD OF DIRECTORS Editor CSA Editor President Art Director Director of Operations Marketing & Events Specialist J. Ross Quigley Karen Huestis Christopher Davidge Peter Prusa Paula McGovern Fran Castricone SPRING 2021 | ISSUE 118 CONTRIBUTING EDITORS We acknowledge the support of the Government of Canada. Merv Magus Illustrator As we emerge from this dreaded COVID winter, it is important to remember all of our many blessings. Very few of us have had catastrophic results from this new pandemic and, other than government restrictions, have had happy lives. True, many were unable to live their normal snowbird lifestyles, but we adapted and are moving on. Vaccines are now readily available in most provinces, but getting them requires a concentrated effort on your part. So, stick with it and your vaccination should be ready soon. The real question is “What now?” There is only one answer – enjoy our beautiful spring and the upcoming summer. Watch the provincial and government announcements carefully and move to bring your life back to normal as soon as possible. We should still wear a mask in crowds and socially distancing from strangers is still a wise decision. There is a large component of our society that is refusing the various COVID vaccinations, including many front-line workers, and that is their right. I don’t personally agree with them, so I will choose to be safe when I can. It just makes sense. The urge to travel is almost overwhelming. We are retired people and this is what we all dreamed of during our working lives. Research the rules about COVID and your possible destinations and go as soon as you can. Relieve that itch. Look forward, not back. Happy Summer and have a Happy Life. J. Ross Quigley Editor CSANews | SPRING 2021 | 3
Table of Contents Features SPRING 2021 | ISSUE 118 OFFICIAL NEWS MAGAZINE OF THE CANADIAN SNOWBIRD ASSOCIATION A Musical Journey Around the World Even when you don’t understand the language, music can tell you a lot about the local culture when you’re travelling. by Barb & Ron Kroll 16 22 Changing Migration Patterns Checking in on snowbirds who decided to go west instead of south this season. by Rex Vogel Travel RV Lifestyle SPECIAL SECTION: snowbirding during a pandemic 35 Diagnosis COVID How to cope with a COVID-19 infection when you’re away from home. 40 First Do No Harm… How snowbirds who decided to go south benefitted from their decision. 43 Florida’s COVID-19 Response The aftermath of Governor Ron DeSantis’ COVID-19 policies. 4 | www.snowbirds.org
Table of Contents Departments 50 CSA Online by Andrew Moore-Crispin 52 Longevity by Jennifer Cox 53 Book Review by Robert Wiersema 54 Gardening by Judith Adam 56 Food & Drink by Shari McIntyre 58 Fun & Games 59 Grins & Giggles 60 CSA Application 61 CSA Benefits 62 Fast Facts 3 Editor’s Message 6 Snowbird Alert 8 Bird Talk 10 President’s Message 11 Government Relations Report 14 Insurance by J. Ross Quigley 15 Opinion by Michael Coren 46 Fitness by Jennifer Cox 47 Health Pulse 48 Golf by David McPherson 32 Shoulder Pain Diagnosis and treatment of tendinitis. by Dr. Robert MacMillan Finance What’s Next? How to prepare your portfolio for what happens after the pandemic. by James Dolan Health 25 Behind the Scenes The Court Action 12 CSAUpdate CSANews | SPRING 2021 | 5
SnowbirdAlert SpringtimeSnowbirdChecklist Go to the doctor Get those pre-existing medical conditions under control and work with your doctor to make any necessary adjustments to your medication as soon as possible. Get followup tests and procedures scheduled, so that you have a clear 90-day stability period before you head south in the fall. File your 8840 Form When you fulfil the requirements of the substantial presence test, you can be treated as a resident of the United States and be taxed by the IRS on your worldwide income. Declare your closer connection to Canada by completing the IRS 8840 Form and send it in. Update your Personal Health Record When you or your spouse are dealing with a medical emergency either away or at home, you don’t want to run around looking for prescription medication bottles or be concerned with an accurate recollection of what year or instance in which either of you received medical treatment. Write it down now, while you have time and presence of mind, and keep it in a handy spot – such as on your fridge – for quick and easy access, should the time ever come at which you need to answer medical questions quickly. Renew your CSAMembership Support the only organization that actively lobbies governments in Canada and the United States to protect and defend the snowbird lifestyle. Get Vaccinated Get your COVID-19 vaccination as soon as possible! Note: 8840 Form, Personal Health Records and CSA Membership renewal can all be easily accessed at www.snowbirds.org 1. How vaccines work Vaccines work with the body’s natural defences to develop protection against a disease. COVID19 vaccines provide instructions to your body’s immune system to recognize and fight off the virus that causes COVID-19. 2. Available vaccines Currently, Health Canada has authorized two types of vaccines to help prevent COVID-19: mRNA and viral vector vaccines. mRNA vaccines provide instructions to your cells regarding how tomake a coronavirus protein.This protein will trigger an immune response that will help to protect you against COVID-19. Viral vector vaccines use a virus (not the virus that causes COVID-19) that’s been made harmless to produce coronavirus proteins in your body without causing disease.This protein will trigger an immune response that will help protect you against COVID-19. 3. Vaccine safety Canada has one of the most rigorous scientific review systems in the world and only approves a vaccine if it meets stringent safety, efficacy and quality standards. The review process for COVID-19 vaccines is rigorous and there are systems in place to continue monitoring their safety and efficacy after they are approved. The vaccines cannot give you COVID-19, because they don’t contain the virus that causes it. The vaccines also cannot change your DNA. 4. Benefits of COVID-19 vaccination COVID-19 vaccines are important tools to respond to this pandemic. Scientific andmedical evidence are showing that vaccinated people may have less severe illness if they do become ill from COVID-19. Even while the vaccines roll out, we still need to follow public health measures to reduce the spread of COVID-19 and save lives. 5. Vaccine rollout Vaccines will be available – free of charge – over the course of 2021 to everyone who lives in Canada. Provinces and territories have developed detailed vaccination rollout plans for their residents. More information about the COVID-19 vaccines can be found at canada.ca/covid-vaccine. Source: www.newscanada.com Can you trust online product reviews? Online shopping is convenient in so many ways and, when you can’t see the product in person, online reviews often seem like the best way to get a sense of the item. However, it’s important to stay skeptical when reading online reviews. Many are paid endorsements in which the reviewer has no knowledge of the product and simply got paid to say something positive. Also, be wary of endorsements by social media influencers – their reviews may not be genuine. As for celebrity endorsements: images of famous people are often used without their consent to encourage you to buy. To make the best use of online reviews, consult multiple sources for the bigger picture. Look for reviews that cover a wide range of time and ignore both the highest and lowest ratings, since these can be misleading. If a product has received lots of great reviews all of a sudden, a new profile has been actively writing positive reviews of several products in a short period of time or the positivity level seems way too high, then you might want to keep scrolling. Overall, even though online reviews can be helpful, make sure to take them with a grain of salt. Find more information and report fake online reviews at competitionbureau.gc.ca. Quick facts about COVID-19 vaccines You’ve probably heard from a family member or friend on social media regarding some dubious “facts” about COVID-19 vaccines. But getting your information from people who aren’t health experts isn’t a wise idea, especially when it comes to health topics. A trusted source such as a health-care provider or public health authority is a good place to get information. Here, the experts at Health Canada and the Public Health Agency of Canada share information that everyone needs to have about the vaccines: 6 | www.snowbirds.org
Offers shown are available until June 30, 2021or while quantities last and are subject to change without notice. 110% off applies to the Talk & Text monthly plan fees, and 15% off applies to the Smartphone monthly plan fees. Discount applies for as long as you are a member of the Canadian Snowbird Association and cannot be combined with Bring Your Own Phone discount, Tablet Data plans and Wireless Home Phone plans. 2Device pricing and minimum monthly rate plan apply for each line, and vary by term and plan chosen. Early cancellation fees apply with a 2-yr term. 3Bonus data, minutes and text vary by term and plan chosen. Other offers cannot be combined. Some conditions apply, call 1-877-931-2266 or visit simplyconnect.ca/csa for details. All trademarks are property of their respective owners. Call 1-877-931-2266and quote promo code: CSASAVE2021 “Staying connected shouldn’t be complicated.” Stay connected with simple andaffordablewireless service. Experience SimplyConnect today! Individual Canada-wide plan + + $3825 $85 $02 $02 $45 $100 per month1 on a 2-year term per month for 2 lines1 on a 2-year term Also includes: • UnlimitedCanada-wide calling • Unlimitedmessages Also includes: • 800Canada/U.S. minutes3 • Unlimitedmessages • Unlimited calling and texting between both users inCanada/U.S. 6 GB of data 2 GB sharedCanada/U.S. data3 moto g stylus Google Pixel 4a on a 2-year term on a 2-year term Includes bonus data and minutes3 Couples Canada/U.S plan All plans include voicemail, call display and name display Exclusive discounts for CSA members 10% OFF Talk & Text plans1 15% OFF Smartphone plans1
BirdTalk Dear Bird Talk, Is the CSA in any discussion with Florida regarding if Canadian snowbirds go to their winter homes and a vaccine becomes available, will Canadians be allowed to get vaccinated? Robert Gould Renfrew, ON Ed.: Nine people, all Canadians, came with us to Florida in late December. We have all been vaccinated with the Moderna COVID vaccine and it was FREE. Three of us were well under age 65. The process was very easy and simple. Dear Bird Talk, We are winter Texans and would like to know if you feel that it is safe to fly down for the winter. Look forward to your response. Bryan Klinkhammer Winnipeg, MB Ed.: Based on COVID statistics which I have seen for airline travel and Texas, I believe that you would be very safe; perhaps safer than in Canada. Medipac insures many Winter Texans and we have seen no real difference in claims from year to year due to COVID. Dear Bird Talk, The Canadian Government is working hard at procuring the vaccines and getting people to accept and get the vaccination, but aren’t showing enough confidence in it to use a vaccination certificate to allow entrance into the country, even with the 14-day quarantine requirement. Are all the additional tests (expense) punitive, or a lack of trust in the vaccine on their part? Glenn Duncan Sanford, MB Ed.: I believe that the governments and even the medical community really do not have a handle on the COVID-19 virus and especially its variants. In that instance, they will try everything until they get it right. That could take a very long time. Dear Bird Talk, I am a Canadian snowbird. In 2016, I married an American citizen who owns her own home in Florida. Typically, we spend five months at her home in Florida and the remainder of the year at my home inOntario. With the above in mind, will I be allowed to cross at a land-border crossing with her? Norman Andrews Southampton, ON Ed.: The simple answer is “No.” You cannot travel to the U.S. on a Canadian passport at this time unless you fly. There is a slight chance that a friendly border guard might let you in since you are married, and can prove it, but I would not chance it. We are aware of two similar situations in which entry was denied. Dear Bird Talk, Perhaps the worst idea of all time, the Feds are looking to jam all people arriving into Canada into hotels until their arrival swab results show negative. While the intent is to sanitize people flying in from overseas, the net result would be the hundreds of thousands of snowbirds flying back from the U.S. in March and April. Can you imagine the logistical nightmare of implementing such a system? Can you imagine forcing 85-yearold snowbirds into some hotel, instead of their safe, sanitized home? Can you imagine the lawsuits that would occur if someone caught COVID at the hotels themselves? Further, when people inevitably defy the orders to protect their own health and go straight home and inevitably get fined, can you imagine the jam-up and nightmare of enforcing those fines to seniors in court? I have never seen a better opportunity for the CSA to step up and speak up on behalf of its members. Oh, and before you encourage us to contact our local member of Parliament, don’t bother. The Feds have already put all incoming phone calls from Alberta and Saskatchewan on voicemail. Rob White Red Deer, AB Ed.: Every point you make is right on the button and I agree with all of these comments. I can also reassure you that the CSA board members and CSA senior staff are working very hard to rectify this. They are discussing these issues directly with ministers, as well as with their staff whom they know very well. Fingers crossed. 8 | www.snowbirds.org
BirdTalk Featuring the letters & concerns of our members SEND YOUR LETTERS TO Bird Talk, c/o CSANews 180 Lesmill Road Toronto, Ontario M3B 2T5 or by e-mail: csawriteus@snowbirds.org Bird Talk Dear Bird Talk, I’m presently in Florida since November 2020, have received the COVID-19 vaccine, will have a COVID-19 test 72 hours before returning to Canada and have just learned that when we enter Canada, we will be sent to a designated hotel for three days at our own expense until we receive another positive COVID-19 test. I feel that they are sending us to prison at our cost without a fair trial. We know that 98% of the COVID cases in Ontario are not related to travel and others are not sent to a designated area for quarantine. This government action against snowbirds is unjustifiable. What will our association do to protect us against this assault from our government against snowbirds? Bernard Lavallee Dunchurch, ON Ed.: As you can see, it is not just the Federal government, it is also the provinces that are involved with this travesty. All we can do is fight, and we are doing that to the best of our ability. It is far safer to quarantine at home than in a hotel; even political hacks should be able to see that. Perhaps there is something else going on, but I would hate to think that this is all about corruption. When my family returns, we will go directly home even though my 96-year-old mother-in-law might find a hotel stay exciting. I will take the tickets and fines and contest it in small claims court, if necessary. Hopefully, the governments will come to their senses before that. Dear Bird Talk, Inside the cover of our passport you’ll find this...and the Canadian government has NOT voted on any changes... “The Minister of Foreign Affairs of Canada requests, in the name of her Majesty the Queen, all those whom it may concern to allow the bearer to pass freely, without delay or hindrance, and to afford the bearer such assistance and protection as may be necessary.” …So apparently you have the legal right, when returning to Canada, to just drive home and self-isolate. Brian King London, ON Ed.:When I return, I will show that to the border guards. Thank you. COVID-19 spray shield A new spray treatment promises to cut the virus off at the nose Since the beginning of the year, vaccination has dominated the public conversation about the COVID-19 pandemic. Meanwhile, a Vancouver-based startup called SaNOtize has been quietly working on treatment − with a nasal spray. According to SaNOtize co-founder Dr. Chris Miller, the spray kills the virus in the nose, thus preventing it from spreading to the lungs. The company recently announced some impressive results: in clinical trials, the spray reduced COVID-19 levels in the nose by 95%within 24 hours and by more than 99% within three days. Best of all, the spray works against the U.K. variant of the virus and developers expect it to work against other variants as well. “You get exposed, you test positive, and you take this,” says Dr. Miller. Within a couple of days “you’re back out on the street.” SaNOtize is now seeking Health Canada approval for emergency use of the spray, which contains the naturally occurring disinfectant nitric oxide. If all goes as planned, Canadians will soon be carrying not only masks and hand sanitizer in their pockets or purses, but a small bottle of spray as well. As Dr. Miller sees it, “it will be another tool in your toolbox.” CSANews | SPRING 2021 | 9
President’s Message Karen Huestis CSA President As we go to press, Canada is in the grip of the third wave of the pandemic, with new daily confirmed cases of COVID-19 now outpacing the United States per capita. As of April 10, 2021, the rolling seven-day average of new cases in Canada was 207.27 cases per million people, according to both Oxford and Johns Hopkins Universities. The United States is now dealing with 206.66 cases per million people. The good news is that despite the slow initial rollout, 20 per cent of the Canadian population has now received at least one dose of vaccine to protect against COVID-19, with 2.1 per cent of Canadians now fully vaccinated. In comparison, the United States has administered at least one dose of vaccine to 37 per cent of the population, with 22.7 per cent of Americans fully vaccinated as of April 13. United States President Joe Biden has stated that 90 per cent of Americans will be eligible to get at least one shot of vaccine by April 19, while Prime Minister Trudeau has indicated that all Canadians will be eligible to receive at least their first dose of vaccine by the end of September. Having said that, the first doses of vaccine are nowwidely available to Canadians over the age of 65 and most Canadian seniors should be fully vaccinated by the end of the summer. Nearly 80% of Americans 65 and older have already received at least one dose, and 62% are now fully vaccinated. Based on these numbers, we are hopeful that the fall travel season will look markedly different than this past winter, as we gradually return to something at least resembling normal. A reminder that as of February 22, 2021, all travellers arriving in Canada by land or air must now submit their travel and contact information electronically via the ArriveCanmobile app before or when crossing the border or boarding a flight. It is important to remember that this requirement also applies to NEXUS members. The ArriveCan app allows travellers to submit a quarantine plan and COVID-19 symptom self-assessments as required by law. ArriveCan is available for download to your phone at the Apple App Store or on Google Play. NEXUS and FAST enrolment centres remain closed due to COVID-19 and enrolment interviews are not currently being conducted. We are told that they will remain closed until the travel restrictions at the Canada-United States border are lifted. As a result, all previously scheduled NEXUS and FAST interviews will be cancelled and applicants and existing members will need to reschedule interviews after the Canada Border Services Agency (CBSA) and U.S. Customs and Border Protection resume enrolment operations. Current members of both NEXUS and FAST who renew their membership before the expiry date on their card will be granted an extension of their membership benefits. CBSA recommends that you renew your membership before it expires, to avoid losing your privileges while your renewal is pending. The potential economic boost of “vaccine passports” is sure to be a hotly debated and controversial emerging global issue. Israel has embraced the view that proof of vaccine certification is a key component in restoring people’s confidence in flying, shopping and gathering in large numbers. The United States has said that it will not impose a national “vaccine passport,” but the concept of increased access for the vaccinated has already become a reality in the private sector, with some professional sports venues already limiting access to people with proof of vaccination. Proof of vaccination requirements are also emerging inEurope, where theUnitedKingdom is currently running a trial of “COVID-status certificates” which would permit more liberalized travel and enable access to certain events denied to the unvaccinated. The European Union is planning a “Digital Green Certificate” that would also allow holders easier movement throughout the EU. While Canada has thus far adopted a “wait and see” approach, Federal Health Minister Patty Hajdu recently stated that she and her counterparts from the other G-7 nations agree that there needs to be some consistency and collaboration among the countries regarding this issue. Rest assured that we will be keeping a close watch on these discussions as they unfold. CSA staff is hard at work finalizing the 2021 membership renewal campaign. While much of what we know and love about travel will return, there will inevitably be changes. Government rules, regulations and health and safety advice will differ from jurisdiction to jurisdiction. During these challenging times, it is essential to have a resource that you can both trust and rely on. As the COVID-19 pandemic evolves, the Canadian Snowbird Association will continue to provide you with the most current, relevant and accurate information available. 10 | www.snowbirds.org
Government Relations Report Ron Steeves First Vice-President As COVID-19 vaccination programs in Canada and abroad continue to roll out, the CSA remains hopeful that the next travel season will look much different than the previous one. The association continues to be active in the area of government relations, as a return to normal gradually approaches. We remain focused onmaintaining a dialogue with government officials and agencies in both Canada and the United States in order to ensure that the interests of members continue to be represented during the pandemic. While the closure of the Canada/U.S. border to all non-essential traffic was recently extended until April 21, we anticipate that these restrictions will remain in place well beyond that date as case numbers continue to rise. We will notify members through our electronic member advisories, as we have throughout the pandemic, as soon as new information is available. The CSA also remains committed to achieving passage of our Canadian Retiree Visa initiative in the United States Congress – a policy that would permit Canadian retirees to spend up to eight months in the United States annually. This would be an increase of twomonths over the current six-month limit. In the previous Congressional session, this proposal was introduced in the U.S. House of Representatives as theCanadian Snowbird Visa Act, H.R. 3241 and in the U.S. Senate as the Canadian Snowbirds Act, S. 2507. Association representatives are currently working on having this legislation reintroduced in both chambers during the current session of Congress. While these would be stand-alone bills in the House and the Senate, we are also working on having the provisions included in additional legislative proposals to increase the likelihood that this extension becomes law. Just as we have done in previous iterations, the CSA will ensure that these bills include a provision to shield Canadian snowbirds from becoming residents of the U.S. for tax purposes. The association has recently published the eighth edition of our Canadian Travellers’ Report Card. This publication, which we produce every two years, provides an overview of the travel-health policies and practices of the federal, provincial and territorial governments. Much of the domestic lobbying efforts of the CSA are showcased in the Report Card and we have an independent thirdparty grade each jurisdiction on five areas of importance. This is an effective document which CSA representatives utilize when lobbying provincial and territorial governments about these issues. Some of the most notable updates featured in the eighth edition include a downgrade for Ontario in the area of access to health coverage. This downgrade was due to the Ontario government’s move to terminate the provincial reimbursement program for medical emergencies for out-of-country travellers, an unprecedented policy change which violated the portability criterion of the Canada Health Act. The CSA acted quickly, effectively using litigation as a tool to reverse these short-sighted cuts to coverage. There are also some important upgrades in this edition, including for Saskatchewan, which earned an upgrade in the area of access to prescriptionmedication for enhancing their provincial drug program, which now allows residents to receive up to seven months of prescriptionmedication for travel purposes. Another province which received an upgrade was Alberta in the area of access to government information, as both the Ministry of Health and Elections Alberta have improved the layout and quality of content on their respective websites. Further, Yukon received an upgrade in the area of access to voting rights by passing fixed-date election legislation, which now makes Nova Scotia the only jurisdiction in Canada without fixed dates for their general elections. We commend all of the provincial and territorial governments which have worked to make improvements for their residents in the area of travel-health policy. There is still much work to be done and the CSA remains steadfast in our dedication to advocate on behalf of our members and improve these policies across Canada. The full version of the latest edition of the Canadian Travellers’ Report Card can be accessed on our website, www.snowbirds.org. Our website also contains additional informational brochures, up-to-date news releases and member advisories, as well as detailed information related to our member benefit programs. This is an excellent resource which all CSA members should bookmark, as it is continuously updated by our staff. On behalf of Judy andmyself, please stay safe. CSANews | SPRING 2021 | 11
Ron Steeves, vice-president of the Canadian Snowbird Association Inc. and representative of eastern Canada, was outraged when he learned that Ontario was eliminating payment for out-ofCanada medical treatment. As chair of the CSAGovernment Relations Committee, he was emphatic about the fact that CSA should fight against what Ontario was proposing. He stated, “in my opinion, this is completely contrary to the intent of the Canada Health Act.” Ron sent e-mails to fellow directors expressing his disgust, and vowing that something had to be done. All agreed that this was a terrible situation and that the government had to be made accountable. A big concern was that if Ontario got away with it, the other provinces could very well do the same thing. All of the provinces − through their health schemes − paid something for out-of-province medical treatment, although most did not pay what was required under the Canada Health Act. Suppose they all followed Ontario. At the next board meeting, the topic was foremost. As the meeting progressed, it was obvious to me that court action was going to be considered. We had been down that road before, in 1995, and it had been my opinion that the actions of the Ontario government were contrary to Ontario law. We took action against the government. The case was heard in the Divisional Court, which is composed of three Supreme Court judges. Roy McMurtry was chief judge and had the responsibility of naming the judges who would hear the case. He picked himself, and named the other two judges as Pat Hartt and Dennis O’Leary. I was concerned, as I considered Roy McMurtry to be pro-government, having been attorney general at one time and having been previously appointed Ontario representative in London, England. When the case was heard, McMurtry, along with Pat Hartt, ruled that the case was “premature,” such that we did not win. On the other hand, Dennis O’Leary ruled in a dissenting opinion that we were 100% correct and that the approach of McMurtry and Hartt was flawed. But we had lost. A judgment in a later case putting forth the same argument as ours, brought by someone other than the CSA, met the same fate in the Divisional Court, following the judgment in the 1995 case. Thus, there were two cases against us. However, I recalled an experience in my law school days when I had been invited to write an article for the law school publication. There had been a municipal law decision reported in the press by a Supreme Court judge, and I was of the opinion that the judge was wrong. I wrote my article saying so and setting forth my reasons. The article had to be reviewed by one of our professors who had to OK publication. When I presented it to him, he told me that I had a lot of nerve disagreeing with a Supreme Court judge, and he refused to approve publication. A short time later, the case appeared before the Court of Appeal and one would think that I had written the decision. The Court allowed the appeal, saying that the original judge was wrong. As well, we had the dissenting opinion of Dennis O’Leary in our favour. McMurtry and Hartt had not said that we were wrong, just that we were premature. I again expressed the opinion that the Ontario government had acted illegally and that we should be successful in a court action against the government. As the Board was discussing the matter, I was onmy computer looking for a lawyer whom I would suggest to handle our case if the Board decided to take court action. I found someone whose credentials impressedme and I was instructed tomake inquiries. Two days later, I met with Scott Fairley at his office on Adelaide St. I outlined the problem and expressed my opinion that we should be successful in a court action. Would he be interested in taking the case? He agreed withmy assessment and said that he was interested in acting for the CSA. I thought that he would be the right person to handle the case, so I asked him to prepare a written opinion for the Board. He did so, setting forth why we should be successful for the reasons I had expressed, and also adding two other grounds involving the Charter of Rights. I had no opinion on these other grounds, but welcomed anything which would be of assistance. The Board, led by president Karen Huestis, agreed to proceed with court action. This was in October, and the law was to come into effect on the first of January, 2020. Our action included an application for an injunction to prevent the change from coming into force but, because of the shortage of time and the problem of getting a court date for a hearing, we were unable to proceed on the injunction front. However, we continued with the main action. We needed an individual as well as the CSA as applicant. It had to be someone who would be adversely affected by the change. Bob Slack, past-president, consented to be that person and the CSA agreed to cover any costs to which he was exposed. Bob was the ideal applicant − senior, BEHIND THE SCENES THE COURT ACTION by Wallace Weylie, CSA Legal Counsel 12 | www.snowbirds.org CSAUpdate
wintered in Florida and had some existing medical problems. He could well anticipate needing to have medical services in Florida for which he would need OHIP coverage. Most travel insurance policies required that a person be covered by a provincial plan to be valid. Finally, a date was set for a hearing before the Court − August 25. Because of the virus, the hearing would be held remotely. Witnesses do not appear before the Divisional Court; the proceedings are held on the basis of affidavits and legal argument. To bolster the case, Scott Fairley consulted Michael MacKenzie, executive director of the CSA, and Evan Rachkovsky, director of research. They produced evidence that the Federal Government had expressed concern to the Ontario government on several occasions as to the proposed change in OHIP coverage, and that the Ontario government had not responded in any way. Other persons were consulted, including Ross Quigley of Medipac Insurance, as to the effect on premiums for travel insurance, and Dr. Robert MacMillan as to OHIP history. Affidavits were prepared for various persons including Bob Slack and Dr. MacMillan. The hearing took place on August 25 from 10:00 a.m. to about 4:30 p.m. Three Supreme Court judges, H. Sachs, Backhouse and Pattillo, had been assigned to hear the case. Submission was made for CSA/Slack by Scott Fairley, and the government lawyers presented their case, including reference to the two previous cases which had been dismissed. For me, there was a glimmer of hope when Justice Sachs asked the government lawyer if his argument was to the effect that the Court had no jurisdiction to interfere with the government action. He said that was his position. After the hearing, the Court reserved its decision. When the decision was announced on September 23, CSA/Slack had won. The Court ruled that the basis of the two previous cases (premature) was answered as Ontario had not answered the Federal letters. In effect, this Court agreed with the O’Leary dissent in the 1995 case, and ruled that the actions of the Ontario government were contrary to Ontario law. Thus, the OHIP coverage was reinstated to where it had been prior to January 1, 2020. The decision was unanimous. To appeal a Divisional Court decision, permission must be obtained from the Court of Appeal. To our dismay, the government lawyers served notice that they were applying for such permission. We did not want more court action. However, the next step would be to present argument as to why permission should not be granted. On the 13th of November, Scott Fairley received notice that the application was being withdrawn. The case was over and the judgment was firm. Thank you to readers who are members of the Canadian Snowbird Association. Your membership enabled the CSA to bring this action on behalf of the residents of Ontario. If you are not a member, join the CSA − we need your help in protecting the rights of travellers. We were able to take action and we WON. By the way, who am I? I have been General Counsel of the CSA since its inception, for more than 27 years. I have two law degrees, one from Osgoode Hall and one from the University of Detroit. I am a member of the Ontario Bar and the Florida Bar, and have practised law for more than 50 years. I founded two law firms, one in Kitchener/Waterloo with a branch in Kincardine, and one in Florida. I am a recipient of the Queen’s Diamond Jubilee Medal awarded in 2012. I am married with four children, one a lawyer in St. Petersburg, Florida. I am a dual citizen, Canada and the U.S. One can read the full 21-page judgment on the Canadian Snowbird Association website at www.snowbirds.org. Wallace J. Weylie General Counsel Addendum: As our action was successful, CSA/Slack was entitled to a payment from the Ontario Government as set by the Divisional Court. This has now been awarded at $ 50,000. CSANews | SPRING 2021 | 13 CSAUpdate
J. Ross Quigley CEO Medipac International Inc. Insurance The Unexpected This past snowbird season, Medipac lost about 70% of our business because our snowbirds decided not to travel due to the COVID-19 crisis. With a little help from the government and a lot of help from our staff, we have managed to retain 100% of our staff on full pay and full benefits. We have been getting a lot of cleanup done that was long overdue. The unexpected part was the government stepping up to assist us and, for that, I thank them. Medipac was designated as an “Essential Business” and we were required to undergo massive changes at our building to comply with all of the new regulations. They all worked very well in preventing the virus, although we did have one minor COVID19 case among our staff. It was very minor and, to this day, we cannot figure out where it came from. Another unexpected thing was that everyone who considered travelling must have actually read their policies this year. We had a huge influx of new clients fromwhom we had not heard before. When I say huge, I mean 14,000 brand-new policies –WOW! Sometimes, new clients can be a problem because they have very high expectations but, fortunately, we were able to meet all of those expectations. Medipac had set aside $2.5 million dollars to pay for those nasty COVID-19 claims. We also had added reserves which we could call on, if necessary. We were ready for COVID-19 and our medical staff was on top of everything, quickly. We have now had about 15 serious COVID-19 claims and the most expensive one topped out at − $999,981.96. We also knew that the “fear” of COVID-19 was going to be a problem for us and, sure enough, the number of doctor visits and outpatient claims soared by more than 400%.These were mostly people who were worried about having COVID-19 and they wanted to make sure by getting tested. The unexpected part was that very, very few people had the COVID-19 virus and the average cost at the clinics was minimal. It actually cost about the same as in a non-COVID-19 year. Again – WOW! Another really unexpected result of travelling to our winter destinations was the warm welcome that we received from the Southern U.S. states. They appreciated our resolve in maintaining our lifestyle and I am sure that our presence prevented many small businesses from going under. Another real benefit for snowbirds was the free COVID-19 vaccinations with which we were provided throughout our many destinations. Medipac would pay for any complications that resulted from these vaccinations, but I amnot aware of even one bad reaction to the vaccines. Well, there were a few sore arms, of course, and we did have two people who required followup visits. Based on the experiences of our many snowbird friends and our extended family, I would highly recommend that we all get our “shots” as soon as we can. My personal congratulations to Florida Governor Ron DeSantis for leading the charge against lockdowns and draconian measures to fight COVID-19. His state has some of the best “numbers” when compared to lockdown states and countries, and his policies have been a great success. During our winter stay in Florida, we felt free to do anything we wished – withmasks and social distancing, of course. With a well-intended smile, we would like to recommend him for the Medal of Freedom. He certainly deserves it. That, too, would be unexpected! We would also like to thank the other snowbird states for welcoming us with open arms and mostly open stores, restaurants and facilities this past season; but that was not unexpected, because we have always been so warmly welcomed there as well. 14 | www.snowbirds.org
During the height of the COVID lockdown, there was a major and often heated debate about whether churches should be open. But what was often forgotten is that they never really closed. The buildings may not have been open, but anybody who believes that church is merely walls and doors and windows has rather lost the point. Church is God, people, community. And love. It’s a divine symbiosis, a mutual romance based in Gospel teachings and modeled on the life of Jesus. For me, as an Anglican cleric at a large Ontario church, on a practical level, it’s Zoom services on Sundays, Morning Prayer on Thursdays and various other meetings. That’s all extremely important, especially the sharing of devotion and worship. But, at its heart − at its beating heart − it’s something else. It’s individual ministry, by phone or online, where clergy call, help and pray. But most of all, we listen. Listen to people whose parents or grandparents are in hospital COVID-19 wards where nobody, other than medical staff, are permitted to attend, with the sombre added reminder that, if death is imminent, a visit will then be allowed. Listen to someone who has lived life with an adored spouse for half a century and now drives to the nursing home so that he can look at the building where his wife is being cared for. Look, remember, send love, perhaps shed a tear. Listen as people tell of family members succumbing to this dark devil, sometimes more than one in the space of a few days. Listen to people who have not been allowed out of their rooms for two weeks; whose food is brought to their door by staff in gowns, gloves and masks; who have never felt comfortable using computers and so rely on that telephone suddenly and loudly announcing that someone is calling, someone is caring. Listen as people amaze us with their strength and with their refusal to embrace self-pity or even sadness. Listen, as well, as people ask why God would allow all this, ask where God is when it hurts so much, and demand to know whether this really is a good God. I can speak only for myself but, while I do try to gently outline what I believe, I would never thrust a theological response onto someone in such a place of pain. I do, however, offer prayer, and it’s usually welcomed. Obviously, the very notion of speaking to God is like spiritual catnip to atheists, and many people will reject prayer as tokenism, as an empty gesture used to disguise lack of effort or as a reluctance to perform the real work of change and repair. That’s not entirely fair, because we do the work of change and repair all the time, but supported by, and often as a result of, that conversation with God. Prayer is comforting in numerous ways, but it is also fiercely challenging and even hurtful. It leads to as many questions as it does answers. And, as one person said to me, “I pray to remind myself that I’m not alone.” For me, the lockdown became like a new normal, in that I was ordained only in October 2019. I started at my first church two months later, and the following March, we were hit by the invisible killer. So, for the vast majority of my time ordained, I have worked within conditions unknown for a hundred years. It’s made many parts of what I’m supposed to do extremely difficult − and sometimes impossible. But it’s also forced me, all of us, to compensate and to find strength and ability in other areas. Like the growth of one sense when another is lost. It’s a baptism of loss and a baptism of agony. Not something I’d anticipated or wanted, and something I hope from the depths of my being will never happen again. But it has nevertheless taught me so much, and likely taught all of us things we never anticipated or even considered. That the human spirit is greater than we might think. That so much of what we consider important in life is transient and tinselly, the window dressing on the sacred and the profound. That people are remarkable and good and kind, and that, in the cruelest and most biting of circumstances, that oft-forgotten reality can shine its brightest. It was always the case, of course, it’s just that we didn’t always notice. Opinion with Michael Coren CSANews | SPRING 2021 | 15
There’s nothing like music to bring back memories of a wonderful vacation. Recordings and performances can also inspire wanderlust for future trips. The Sound of Music, for example, generated years of tourism to Austria. As you build your post-pandemic travel wish list, schedule some regional music into your plans. It will undoubtedly enhance your cultural appreciation of the destination. To start you on your musical journey, here are some melodious highlights from our trips, ordered alphabetically by location. A MUSICAL JOURNEY AROUND THE WORLD Incorporate some local music into your itinerary when it’s safe to travel again Story and photos © Barb & Ron Kroll 16 | www.snowbirds.org Travel
Australia Whenwe thinkof “the landdownunder,” we recall the haunting sounds of the world’s oldest woodwind instrument. The didgeridoo is central to Australian indigenous culture. Musicians mimic the sounds of native animals by blowing through these traditional instruments. The rhythmic tapping of wooden clapsticks sometimes accompanies them. You can hear didgeridoos on some of the Aboriginal Cultural Experiences described in a downloadable brochure on the TourismAustralia website. Tour participants learn about boomerangs, as well as bush food, Aboriginal art, Outback wildlife and traditional Dreamtime stories. Aboriginal Cultural Experience Vienna Boys' Choir Monk musician in Thimphu Temple Musician plays pan music in steel band We encountered classical music throughout Austria — in concert halls, restaurants, hotels, festivals and on street corners. Our most memorable experience was listening to a cellist and two violinists in the elaborate ballroom of Schönbrunn Palace in Vienna. The Blue Danube is sometimes called the second Austrian national anthem. We enjoyed an exquisite rendition of the famous Strauss waltz by the Vienna Boys' Choir. Dressed in blue-and-white sailor outfits, the choir’s repertoire includes madrigals, classic and contemporary pieces, as well as operas. You can hear their clear-as-crystal voices in Vienna’s MuThconcert hall, at Imperial Chapel Sunday services between September and late June and when the choir boys are on tour around the world, performing more than 300 concerts annually. Although most people enjoy local music in theatres and clubs, we discovered that temples were the best places to hear traditional music in Bhutan. In Thimphu Temple, in Bhutan’s capital, we watched spellbound as monks blew horns and beat drums during ritualistic ceremonies. During the annual Thimphu Tshechu fall festival, horns, drums and clashing cymbals accompany masked dancers as they twirl and leap, symbolically stomping out evil spirits. You can’t miss traditional pan music when you visit the Caribbean islands. It’s a highlight of annual Carnivals in Trinidad & Tobago and on other islands, but you can also hear steel band music at the Toronto Caribbean Carnival, North America’s largest cultural festival. Don’t be surprised if the contagious beat inspires you to dance. Musicians play a variety of genres on steel pans— from jazz to classical music — but calypso is the most popular. We heard impressive pan music performances at the Barbados CropOver Festival, where crowds fill stadiums to watch steel band competitions. Austria Bhutan Caribbean CSANews | SPRING 2021 | 17 Travel
Even if you don’t understand the lyrics, a Beijing (Peking) opera performance is fascinating, with its traditional music, songs, dances, mime, acrobatics, colourful costumes and elaborate makeup. We first viewed the art form in Beijing. The cast depicted folkloric and historical themes involving emperors, empresses, servants, clowns, marriages and sword-wieldingmartial artists. You can also see performances in Taiwan, Hong Kong and in some international Chinese communities. Beijing (Peking) opera performance Bouzouki musician Rajasthani men create music with an earthenware pot & a 17-string kamaicha Anyone who has heardRiverdance music will recall the sound of bodhrans (also called Celtic drums or Irish frame drums). They vary in size, but they all have bentwood frames and goatskin playing surfaces. Musicians hold the drums vertically on their knees and strike them up and down with sticks. At times, their hands move so quickly that they blur. By positioning their hands in different locations inside the drum, they create different tones. Some people claim that the bodhran sounds like an Irish heartbeat. Others say that it’s more like a sack of potatoes tumbling down the stairs. The Irish harp is another remarkable instrument that we heard in Ireland. We’ll never forget the enchanting melodies of Greensleeves and Danny Boy that tugged at our emotions as the musician plucked the harp’s strings. In the Indian state of Rajasthan, most musicians don’t have formal musical training. Fathers pass on their instruments and the techniques for playing them to their sons. One highlight of our visit was the folk music created by a man blowing into an earthenware pot, while a fellow musician played a 17-string bowed instrument called a kamaicha. Themusic played on an ancient sarangi — a broad-necked fiddle carved froma single piece of wood — was equally mesmerizing. A mustached man played a morchang (jaw harp) to create a realistic rendition of the sound of a train. He appeared to be playing his mustache. Bouzouki music is synonymous withGreece. We enjoyed traditional folk music played on these longnecked lutes in Greek tavernas and at festivals. Invariably, the fast-paced music motivates listeners to dance. The syrtaki is one of the most popular dances, doneZorba the Greek-style with outstretched arms thrown across each other’s shoulders. China Greece India Ireland 18 | www.snowbirds.org Travel
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