Ontario man fined $3.8K at land border crossing amid confusion over who's 'essential'

As the head of a construction company thatoperates primarily in the U.S., Ron Rousse of Belle River, Ont., has had no issues crossing the Windsor-Detroit borderfor work, even during the pandemic.

But that changed Tuesday when he was fined $3,755 for failing to comply with the federal Quarantine Act.

Rousse, president ofRoumann Construction Company, which is currently building a new grocery storein Michigan, sayshe normally crosses through the Windsor-Detroit Tunnel about once every two weeks working from home whenever he can.

Tuesday marked his first trip across since new rules were implemented,requiring non-essential land travellers entering Canadato provide proof of a negative COVID-19 test.

The fine confused Rousse. He thought he was an essential workerand thusexempt.

But Rousse who holds an E-2 visa allowing him to enter the U.S. for business purposes was told by an officer with the Canada Border Services Agency (CBSA) that he was non-essential because he doesn't cross every day.

He sayshe was then pulled into secondary screening, where he was met by two officials with the Public Health Agency of Canada (PHAC) who backed up the officer'sreasoning.

"That was the only reason given multiple times that you're not essential because you don't cross every day," Rousse said.

He says he was given two options: get atest in the U.S. and return with a negative result, or quarantine in a Toronto hotel for two weeks.

"I refused because, in my mind, I'm an essential worker," he told CBC News. "I need to run mybusiness in the United States."

Though construction workers may be considered essential, it's less clear whether that would apply to a higher-up like Rousse.

He says he was issued the $3,755ticket by PHAC and sent on his way.

'Explicitly stated'

In a statement to CBC News, the CBSA said its officers "do not have the discretion" to exempt travellers from quarantine or testing, and that all rules are "explicitly stated within the Order in Council."

Frequency of crossing, it said, now affects whether one is exempt.

"The traveller must cross the border regularly to go to their normal place of employment and demonstrate a regular pattern of travel, which is generally defined as daily or weekly. The nature of their work does not impact this assessment."

PHACsays failure to present the required negative test result can lead toa $3,000 fine or criminal prosecution.

With "applicable victim fine surcharge and costs,"Rousse's fine amounted to $3,755, PHAC said in a statement to CBC News.

In Rousse's case, going back to be testedand wait for the resultswould have added up to two days to what was intended to be a four-hour work visit.

WATCH |Definition of 'essential' confusing for many, lawyer says:

Federal gov't needs to be clearer on who's defined as 'essential,' says cross-border attorney

4 years ago

Duration 0:58

Laurie Tannous, a lawyer and special advisor for UWindsor's Cross-Border Institute, says industries can have different definitions of who they consider to be an essential employee which can cause major confusion when trying to figure out who is and isn't allowed to cross the border.

"What they are essentially requesting is to go over, get your test as soon as you cross the border, stay in a hotel for twonights and then come back with your negative test result," he said.

The federal government has,from the outset, posted definitions of essential work and essential travel, but this marks the first time that frequency of travel has mattered.

Not an isolated incident

Laurie Tannous, a lawyer and special adviser for the University of WindsorCross-Border Institute, sayssince Monday, she'sreceived about "15 to 20 calls" from various businesspeople who have faced situations similar to Rousse's.

"Everything seemed to be upended on Monday, and there were a series of incidents where Canadian citizens were refused entry for not having a negative PCR test on hand, although they were essential workers," Tannoussaid, adding that the CBSA'srationale was the same in all incidents.

WATCH |Rousse says fine was 'incorrect and immoral':

Consistent pattern of travel shouldn't determine who's essential, says Rousse

4 years ago

Duration 1:01

Ron Rousse says the CBSA should not look at a person's frequency of cross-border travel to determine whether or not they're an essential worker.

"The various officers at the ports advised these individuals that because they were not regular border-crossers, they would not be able to enter without having to go into quarantine."

This has caused a significant amount of "chaos and confusion" across all sectors, Tannous said.

She saysthe information disclosed to the public about what constitutes an essential worker is far too unclear.She says many companies consider certain of their employees to be essential even if they aren't needed every single day or week.

Tannoussays if the purpose of therules is to limit the risk of COVID-19 crossing over from the U.S. into Canada, putting restrictions on some essential workers and not others couldactually have thereverseeffectand increase possible exposures.

"People are now saying, 'I'm going to go into the U.Severy day to make sure that my permit is valid,'"she said. "It is counterintuitive if we're trying to prevent these border-crossers."

Rousse sayshis issue isn't whether he broke the rules but that the rules have changed and not been made clear.

"This whole thing was to stop leisure and to stop travel.... I've got employees depending on me," he said. "This has gone from regulating the traveller to attacking essential workers."

Roussesays he can afford to paythe fine, but he's acquired legal counsel tofight itso others don't go through the same hardship.

"There aremultiple business owners in Windsor, some smaller, some larger, that are going to need access to their companies and they're doing essential work in the United States," he said.

If crossing the border continues to be a problem, Rousse sayshe'll consider moving to the U.S. temporarily so he can continue running his business.

"You're preventing essential workers from making a living," he said. "We all need to put food on the table. We need to pay our bills. We need to work."