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Doug Ford warns Justin Trudeau not to use Ottawa’s emergency powers to fight COVID-19

Just watch me? Just watch out.

That’s the message from Premier Doug Ford when asked about Prime Minister Justin Trudeau potentially invoking federal emergency legislation to cope with the COVID-19 pandemic.

Trudeau’s father, former prime minister Pierre Trudeau, used the old War Measures Act during the 1970 October Crisis amid Front de Libération du Québec (FLQ) terrorist fears, a move that remains controversial a half-century later.

While the current prime minister has resisted using what is now known as the Emergencies Act, which would restrict civil liberties, Ford warned doing so “wouldn’t go over too well, not just with me, with all 12 other premiers.” The War Measures Act was replaced by the Emergencies Act in 1988.

“That’s not their jurisdiction. We don’t need the nanny state telling us what to do. We understand our provinces,” the premier said Thursday during a campaign-style swing to a Hamilton shipyard.

“He’d have a kick back like he’s never seen from not just me, from every single premier, that just wouldn’t fly,” he said.

Ford emphasized he has been working “extremely well with the prime minister” and Deputy Prime Minister Chrystia Freeland since COVID-19 struck Canada in March.

“All the ministers are in constant communication. That’s the way you get things done … not by … implementing restrictions and the feds telling us what to do.”

Any federal intervention would be “crossing the boundary,” the premier added.

“There’s one thing I understand about all the premiers is stick within your own jurisdiction.”

When invoked, the act gives the federal cabinet the right to take control of powers that are normally provincial or municipal.

On Tuesday, Trudeau emphasized he has been working closely with the provincial and territorial leaders.

“I’ve had … over 20 first ministers meetings since the beginning of this pandemic. The issue of the Emergencies Act has come up a number of times and I’ve continued to reassure them that I don’t see it as being necessary right now,” he said.

“I know that all Canadians are united in wanting to fight this pandemic. I know that all premiers are thinking about the health of their citizens as well as they think about the health of their economy and that’s why I’m confident we’re going to be able to continue to work together well and do the right things.”

Fifty years ago, at the urging of Quebec premier Robert Bourassa and Montreal mayor Jean Drapeau, the elder Trudeau invoked martial law after the FLQ kidnapped provincial cabinet minister Pierre Laporte and British diplomat James Cross.

Laporte was killed and his body found in a car trunk two days after the War Measures Act was implemented. Cross was released after two months as a hostage.

Last month, demanded the younger Trudeau apologize for his father’s actions, which led to hundreds of arbitrary arrests and detainments during the crisis.

In 1970, the then prime minister famously saidpressed him on how far he would go to deal with the FLQ terrorist threat.

Robert Benzie is the Star’s Queen’s Park bureau chief and a reporter covering Ontario politics. Follow him on Twitter:

Bruce Arthur: Crisis? Ontario’s COVID-19 response is just adequate enough to say that others are worse

“In fact, Ontario is not in a crisis right now. You want to speak about who is in crisis? Have you taken a look at Alberta, where they’re doubling up patients in intensive care units? We’re not doing that in Ontario.” — Christine Elliott, Ontario minister of health, this week.

You see, Ontario is not in a crisis, because Ontario is not jamming two people to a room in the ICU. Nor is Ontario rationing oxygen, unlike some provinces we could name. Yes, Alberta is currently being run by Jason Kenney’s pure, uncut conservatism: you have the personal freedom to infect yourself and others, and perhaps to get sick and die. Ontario has those instincts — the recent framework was the best example, — but for various reasons, this province plays closer to the middle. So Ontario, unlike Alberta is not in crisis.

By extension, York Region must not be in crisis. Friday to put York into lockdown, despite the fact that and test positivity than Toronto did when it was put into lockdown two weeks ago. York begged to avoid the province’s grey zone then, and again now: its local medical officer of health, Dr. Karim Kurji, signed the letter.

York still has hospital capacity, you see. Public health is not overwhelmed yet. Therefore, York is not in crisis. Maybe it gets locked down Monday, maybe not. Soon places like Waterloo, Hamilton, Windsor and Durham may not be in crisis, in a similar way.

What about schools? Schools are not in crisis. The minister of education, Stephen Lecce, keeps telling us that 99.9 per cent of children in school are COVID-free. Of course, then came asymptomatic testing at Thorncliffe Public School in East York, driven by Michael Garron Hospital and supported by the province. It found , which the province and even Toronto Public Health downplayed given the prevalence of in the neighbourhood.

Then three teachers said they were walking off the job, and now the school is closed. The City of Toronto for schools and daycares: runny noses will require a COVID test again to return to school; the siblings of sick kids will have to be kept home, too.

Those conditions had been changed at the beginning of October, when the province started trying to curb testing everywhere it could because the backlog was crippling the system, and schools were part of that. The province had back in the spring in time for September, as part of Ontario’s puzzling failure until the fall was already underway.

More schools will be tested, now: In East York, Scarborough, North York, York Region. We are about to find out whether we have been missing cases in schools for two months, and what that means. Maybe it means closing schools.

But for now, schools are not in crisis.

The premier was not available to weigh in Friday because the province has also struck a vaccine distribution task force, which includes nobody from public health, or geriatric medicine — is long-term care, where 124 people have died in the last two weeks and 310 since Halloween, in crisis? — or family medicine, or nursing, but does include former Toronto police chief Mark Saunders, for some reason. Still, a task force is important.

“I’m going to work my hardest to ensure we have a data-driven and equitable approach to vaccination,” says Dr. Isaac Bogoch, an infectious diseases specialist at the University of Toronto, who is on the task force. “We need to hear voices from disproportionately impacted communities, including Indigenous, South Asian, Black and impoverished communities. Ultimately, for any vaccine program to be a success we need meaningful community engagement, and stellar communication that is transparent and honest.”

All that, at an Ontario-wide level, would be a commendable first. Meanwhile, as reported by the Star’s Jennifer Yang and Kate Allen, Ontario’s poorest, most vulnerable, most racialized people are , just as they .

And still, the province declines to extend paid sick leave or reintroduce an eviction ban. Ontario’s eviction ban , as the second wave was already underway. Is that a crisis?

And then there are the hospitals. This is a hyperlocalized disease, but the system is straining as patients are shuttled like it’s a shell game, and staff are verging on burnout and shortages.

“(The hospital system is) transferring ICU patients every day for a bed, but now we’re also transferring ward patients, and this is new,” says Dr. Michael Warner, the head of critical care at Michael Garron Hospital. “I think public health and political decisions to some degree have been made based on the presumption that the health-care system would be there at the end of the day as the ultimate safety net. And that we could accept some mistakes or some reactive responses because the health-care system would be there, as it has been.

“But as we’ve been told all along, hospitalizations are lagging indicators, and those lagging indicators are trying to scream that things are not OK. And unless we provide support for people, paid sick days, surveillance testing in schools, which should be mandatory in high-risk areas, and (isolation), a vaccine will not be here in time to bridge that gap.”

Ontario was at 153 people in the ICU a week ago, and it was 207 Thursday. Surgeries are being cancelled, here and there. The modelling table pegged 400 in the ICU as the number at which point hospital services start to stop functioning. We’re not there yet, thankfully.

So maybe Ontario is not in crisis, if you define crisis as beds jammed together in the ICU, hallway ventilation, not enough oxygen to go around. It’s a hell of a way to define a crisis, but that’s apparently where we’re at.

Bruce Arthur is a Toronto-based columnist for the Star. Follow him on Twitter:

His idea for patio domes seemed perfect for a Toronto winter with COVID-19 — except they weren’t allowed. So he called Doug Ford

Adam Panov thought he had a great idea for extending Toronto’s patio season into winter but he was facing regulatory hurdles, and so he picked up the phone and called .

The Panov family and the Ford family have known each other since 2016. That’s when Panov’s mother reached out to help former Toronto Mayor Rob Ford, who had been diagnosed with the same rare and aggressive stomach cancer that Panov’s father had.

Yaron Panov had been given six months to live when he was first diagnosed with malignant liposarcoma in 2010, but his wife, a doctor, refused to accept the verdict and sought out an experimental therapy being used in the U.S. The Panovs .

The treatment extended Panov’s life by seven years and the family worked to have Rob Ford enrolled. Unfortunately, it was too late. He died in March of 2016, weeks after beginning the treatment.

“I know the premier has always been grateful to us, and we just developed a very nice personal relationship with them,” said Adam Panov, who had to shutter his events business this year as a result of the pandemic.

So when Panov called Doug Ford last Saturday, the premier listened. Panov told him that he thought that dining pods — dome-shaped plastic structures that provide a transparent but enclosed space for two-to-six people at a table at a time and can be heated in winter and aired out and sanitized between guests — would help restaurants meaningfully extend patio season.

The problem was that although the domes had been approved for use for certain special events in the past, they weren’t generally permitted. Panov said city officials told him it was a provincial regulatory matter, which is when he turned to Ford for help.

“He told me he loved the idea; he would get it in front of whichever board it needed to get in front of… or whoever it may have been, and he said he would get it in front of them in the next few days and get back to me and a few days later, he got back to me personally and told me that they were officially approved,” said Panov.

Panov said he got a phone call on Tuesday from the premier and a confirming text from him on Wednesday morning.

Premier Ford acknowledged at a press conference on Thursday that the call sparked action on his part.

“Someone came to us the other day about putting these bubbles — I don’t know if you’ve ever seen those clear plastic bubbles you can go inside — it’s not the full solution, but it’s another tool that they can use,” Ford said at a Thursday press conference. “And we got that approved through our health table.”

Ford seems to have moved so quickly on the issue that Toronto city officials are having a hard time keeping up.

Panov has already begun rolling out the domes — he built the first one for a client in Newmarket on Friday, but as far as the City of Toronto is concerned, the prohibition against domes remains in place.

“Dining pods are considered indoor dining spaces and are not allowed while indoor dining is prohibited,” officials said, responding to questions from the Star.

“We’re sorting through this now to ensure absolute clarity on the public health advice regarding these types of structures,” said city spokesperson Brad Ross.

“We won’t have it this weekend — and I don’t anticipate enforcement of these structures over the weekend either — but any safety issues we encounter with structures, generally, will be addressed as they arise.”

At Thursday’s press conference, Ford also said the idea was also shared with Mayor John Tory, something Panov said Ford mentioned to him as well.

“I did get a call from the premier personally to say that he had spoken to Mayor Tory,” said Panov.

“They were going to speak to the mayors of all the cities, and they were going to speak with all of the health inspectors and to let them know that these things were given the go-ahead, and on Wednesday morning I received a text from Mr. Ford. I had reached out to him and asked him if there would be an official announcement, and he said there would be an official announcement in the coming days, but he said these domes are approved and basically gave us the go-ahead.”

For Panov, who launched SnowPods.ca only a few days ago, it was all the approval he needed to swing into action. He is sourcing the domes from a manufacturer in the U.S., and offering them for sale to restaurants at $1,800 each.

Panov says such domes are being used all over the world, in Chicago, New York and in Europe, and he believes Canada could prove to be the biggest market of all, due to the long winters and the dining restrictions introduced by .

Local restaurants, meanwhile, say they are struggling to keep up with the rapid regulatory changes that are taking place — setting up curb lane patios, taking down curb lane patios, putting up umbrellas, putting in propane heaters, taking out propane heaters, adding walls, adding roofs, subtracting walls, adding electric heaters.

Whether or not domes will be permitted has added another layer to the mix, especially after Tory referred to the dining bubbles this week.

“Mayor Tory said something about dining bubbles, but I am not clear if that means plastic domes? Or is it bubbles in the term that we were using for COVID,” said Emily LeBlanc, who together with her husband Josh LeBlanc, opened Bar Mordecai in January after a year of preparation.

After the pandemic hit, the bar, at Dundas Street West and Dovercourt Road, closed for six months.

LeBlanc added. “I’m sure it will all become clear in time.”

She doesn’t like to be too critical — the patio that Bar Mordecai was able to open as a result of the relaxed city rules under CafeTO, has been massively important. It seats 22, and has kept the restaurant alive.

She says the logic for using dining domes seems sound — they would allow people who isolate together to eat together in restaurants, without having to worry about unknowingly infecting others or unknowingly becoming infected.

It would mean yet another financial investment in a business that is struggling. Perhaps, says LeBlanc, it makes sense for the city to make the patio changes permanent.

“Other cultures have always had this built into the way they approach dining — Japan and Copenhagen find ways to make outdoor spaces more habitable.”

With all the legislative changes that have been introduced, residents sometimes believe that restaurants aren’t properly following the rules, says Ashish Sethi, who runs a group of restaurants, including Mantra, with his family. Mantra, located in the CF Shops at Don Mills plaza, currently has a patio, covered with a tent and two open walls, as per current regulations.

“We’ve definitely had questions and concerns.”

What people don’t understand is that restaurant owners are as eager as everyone else to stay healthy and keep their staff and customers healthy, he said.

Because his restaurant is family owned and operated, Sethi has been able to keep serving the public throughout the pandemic, even when it meant it was just he and his wife preparing take-out.

He’s also hoping the pandemic will bring long-term change — including more patios in Toronto, and for more months of the year.

“I think the exciting thing I think you’re going to see — there are some positive changes that are coming out of all this.”

James Rilett, of Restaurants Canada, which represents the industry, said outdoor dining in winter is popular in cities that also have a lot of outdoor winter activities — like Ottawa, which has a winter festival each year, and where food shacks dot the frozen and groomed Rideau Canal to serve skaters.

“I think the more activities there are, and if people dressed for the weather to be out all day, they might be more willing to sit down and snuggle up with a blanket and stay outside.”

He says restaurateurs will be able to justify the investment if the extended patio program is made permanent.

“It’s something people like and the more you do it, the more people get used to it.”

Francine Kopun is a Toronto-based reporter covering city hall and municipal politics for the Star. Follow her on Twitter: