In Quarantine - and a Political Comment or Two

As you  might recall from my last blog (if you read it), I arrived on an Air Canada flight early Thursday a.m. and headed off to the Marriott Airport Hotel in Toronto for my "up to three day quarantine."  I took my Covid test on Thursay morning at about 6:00 a.m. or so.  After that, I headed off to the hotel on the Hotel Shuttle Bus - which was about a half hour wait.  I was put on a  "Covid floor" at the Marriott - where you are not supposed to leave your room - and meals are delivered three times a day.  Thankfully the internet service was decent.

Urban Kosher Lunch

I had ordered Kosher food and the meals were supplied by Urban Kosher, which is part of L'Chaim Catering.  The food was fine.  Breakfast both days was an omelet, grilled tomatoes, hashbrowns, a fruit cup and a muffin (one day blueberry, one day cranberry, in case you are wondering...).  The fruit cup was quite good with fresh berries, pineapple, dragonfruit, and some other fresh fruit.  Lunch on thursday was two sandwiches - one of cold grilled chicken, the other of cold roast beef.  It also came with a big chocolate cup cake, some celery and some carrots.  The lunch was, perhaps, the "weak link."  Dinner on Thursday was a grilled chicken breast in a terryaki sauce with mashed potatoes and a giant piece of chocolate cake along with a Caesar salad (pareve of course).  I appreciate that the Marriott arranged these  meals without any additional cost (unlike some of the other hotels that I called) and the food quality was fine, better than an airplane meal for sure.  My only criticism is that the caterer is apparently a meat and pareve caterer - so there are no dairy meals.  I would have prefered them to use a dairy caterer for the breakfast so that they could provide yogurt, cheese etc.,  But for a relatively short stay,  that is not a huge complaint.  Breakfast and dinner were served warm and the food was tasty.  Kol  Hakavod to Urban Kosher.

Lunch  Sandwiches

The Marriott provides some coupons for some cappucinos.  So I was able to call room service and order cappucinos.  I asked them to use the coupons to cover the cost of the coffees and they were happy to do so.  The coffee was pretty good - Illy coffee - so I had  two nice cappucinos with breakfast each day.

By 10:30 a.m. on Friday, I received my results, negative of course (since I have been vaccinated twice), and I was free to leave.  I still had a work meeting so I couldn't leave until about 1 p.m.  But at the time  I received the test results, I also received a message from the ArriveCan app asking me to confirm that I was "leaving the Hotel" and to confirm "where I would be spending the rest of my quarantine." 

Chocolate Layer Cake

In other words - these three are working together - ArriveCan, Switchhealth.ca  and the hotels.  They want to get you the results within one  day - and then ensure that you leave the hotel asap.   They know, in advance, that is how things will work but still insist that you buy a three day, pre-paid, non refundable hotel stay.  I tried asking at the hotel desk if there was anything they could do - but they were resolute and hid behind the Canadian government ("the Canadian government insists that it be a  three day non-refundable rate - we can't do anything about it.").  I have heard that some of the hotels are offering some refund if you leave early - but I'm not sure which.  I wanted to ensure that I had the Kosher  food - so I didn't find any of these hotels that were offering a partial refund.  Perhaps I will write to the Marriott as well but I doubt I will get anywhere.

It seems to me that a class action lawsuit against the  government of Canada would probably succeed. Under the Canadian Constitution - the Charter - the government could probably show that there was a "pressing and substanial need" due to the pandamic - to override the rights of Canadians.  That is  fine.  But under section 1 of the Charter, the government is also required to show that it infringed on people's rights to the minimum extent possible.  Here, I think they would have a big problem.  Given that people could drive across the border and not go to these hotels - it makes no sense to insist that only air travellers have to pay $1,200 extra or so to buy a "three day prepaid non-refundable" stay whereas those who fly to the U.S.  and take a cab back to Canada can circumvent the  process.  Especially since the government knows and expects that in 95% of the cases, travellers will test negative and will be able to leave within 24 hours.  They could have made it a 24 hour stay - and pushed to get the results within that time frame.  Or they could have insisted that everyone - land travellers and air travellers - stay the full three days.  This would have been drastic - but it would have been equal and fair to everyone.  There are probably many other possible solutions as well.  The point here is that a three day mandatory, non-refundable, stay is a significant overreach and  is not likely to meet a proportionality test, in my view.  Then again, I'm only an employment lawyer, so what do I know?

I expect that in the coming weeks, this policy will be abandoned and the government will start recognizing vaccination certificates.  I don't plan on bringing the class action lawsuit myself - but  I'm quite sure that a properly framed suit would have a very good chance of success.  Maybe someone else will decide to take this on.  

Israeli Political Update

Naftali Bennett

Sitting here in Toronto - I flipped on Israeli news channel 12 to watch two back-to-back press conferences - one by Naftali Bennett and  one by Benjamin Netanyahu.  It was fascinating to watch.  The Israeli public is really divided and there are protesters outside everywhere across the country - rallying either in favour of this new potential "change government" that Bennett is trying to form with Lapid or in support  of  Netanyahu and against the Bennett-Lapid plans.

Bennett spoke first. I actually thought it was quite a good speech.  He appealed to Israelis from across the political spectrum to make some compromises, form a stable government and avoid a 5th election.  He noted that he  had made extensive efforts to form a purely right wing government with Netanyahu but they were short of the votes - and it wasn't going to happen.  He stated that his government would not be a "left"  government - but one made up of left and right wing politicians and that it would involve compromises.  He said that some of its members would be "more right wing" than those in the current Netanyahu government.  He prommised that  he was going to make every effort over the coming 48 hours to form such a government - even though his second in command - Ayelet Shaked was not beside him and has not yet fully committed to this plan.  Bennett did not take any  questions.  He will spend the next 48 hours - until Lapid's mandate ends - trying everything he can to finalize arrangements and  take over the government from Netanyahu.

After a short TV break, Netanyahu spoke from a different location.  He was disturbed and unhinged.  He levelled every kind of personal insult at Bennett and repeatedly called Bennett a liar, a flip-flopper and someone who was  forming a left wing government despite the overwhelming support that he enjoyed from the country as the preferred choice for Prime Minister.  He attacked, in personal terms, the leaders and members of the left and centre parties that would make up the potential government - including Lapid, Michaeli, Horowitz and Zandberg.  He warned that this "change" government would be a danger to national security, to the army, to Israel's interests worldwide.  He compared Bennett's plan to take over - to the way governments are run in Syria, Iran and Turkey - governments that are formed, in his view, against the overwhelming national will and electoral preferences.  He said  Bennett was putting himself above the national  interest - and endangering everyone so that he could become the Prime Minister.  Isn't all this quite rich for someone who has dragged the country into four consecutive elections becauses of his personal legal troubles?  The language was Trump-esque - "only I can be the Prime Minister and ensure national security."  This despite the fact that if  Bennett succeeds in forming a government, it will be one that is made up of more than 50% support of the Israeli voting public.

Netanyahu's speech was aimed at members of the Yamina party, especially Shaked, who may not be happy about joining a compromise government.   It was also aimed at Gideon Saar's "New Hope" party - in an effort to try to get some of that party's members to cross the aisle.  As well, it was aimed at Netanyahu's base - and was a call to action for protests, name calling, threats and whatever else over the coming 48 hours.  

It is unclear what will  happen.  I don't think we can rule out the possibility that Netanyahu will somehow suceed in blocking this change government by doing something drastic over the next 48 hours.  He is pulling out  all the stops and exerting the maximum pressure that he can on as many people as possible.  Some of his supporters are calling Bennett and Saar "traitors" and using very extreme language and rhetoric to attack their opponents.  For Netanyahu, if he cannot  block the transfer of power, it will a devastating loss with significant personal ramifactions since he will now have no effective way of slowing, stopping or manipulating his ongoing corruption trial.  

It will be really interesting to see if Bennett and Shaked can withstand all of this pressure and form a change government.  The next 48 hours may  be one  of the most fascinating time periods in Israeli political history.  Hopefully, however things work out, it will all be done peacefully.  

Post Purim 2015: On to the Israeli Elections 2015

It was a busy week in Israel - for me, for our family and for the country.  Purim was on Wednesday night and Thursday.  That always brings with it lots of festivities in Israel - parties, parades, carnivals, mishloach manot (gift baskets) and shul.  Just preparing for Wednesday night was busy for our family, as we (three of us) read 4 of the 10 chapters of the Megillah at our shul.  Add to that - a wonderful fundraising evening of Jazz on Tuesday night that we were invited to attend (to raise money to build a well in Sudan) and a bar mitzvah celebration on Thursday night of some close friends - and things were quite busy and tiring.

Today marked the start of another week here in Israel.  Since Sunday is a normal work day, that meant back to the army for the oldest, back to school for our younger two.  It also meant that there is just over a week until Israel's next national election.

So after watching "Matzav Ha-Umah" - the "State of the Nation" - Israel's equivalent of Saturday Night Live - which featured Naftali Bennett this episode - I thought I would try to put together a few comments about the upcoming elections in Israel.

Of course it seems that these elections have arrived so soon after the previous national elections which were held in 2013.  If you would like a few refreshers, here is a link to my 2013 Israel Elections Preview.  Here is my link to a summary of the results of the last election.

However, there have also been a few changes since 2013 in the various parties and the coalitions and possible coalitions between the various candidates.  I thought I would highlight a few:

1.  The Zionist Union

The Labour party and "Hatnuah," a party led by Tsipi Livni, joined forces in December 2014 to campaign together as the "Zionist Union."  This centre-left coalition is now the main opposition to Prime Minister Netanyahu's Likud party.  Some polls have put the two parties neck and neck at anywhere between 23 and 26 seats each out of the 120 seats in Israel's Knesset.  As of today, it seems too close to call which party will wind up with a plurality of seats.

According to Israeli political convention, the party that wins the plurality of seats is supposed to be asked by the President of the country to form a coalition government by putting together a bloc of at least 61 Knesset members.  It seems unclear to me at this point how the Zionist Union could cobble together enough support to get past 61, even if the party wins more seats than Likud in the election.  But if they do come out ahead, they would most likely earn the right to try.

2.  Likud/ Yisrael Beitenu

In the 2013 election, Likud campaigned jointly with Avigdor Lieberman's party, Yisrael Beitenu.  The two parties obtained 31 seats, jointly.  This time around, they are running separately.  However, most polls I have seen have put Likud at between 23 and 26 seats.  They have also put Lieberman at anywhere from 5 to 8.  While Lieberman could surprise people and join a government led by the Zionist Union, it is probably more likely that he would put aside any personal differences he might have with Likud and join a Likud coalition once again.  The overall impact is that the combination of Likud and Yisrael Beitenu is still likely to be in the range of 28-32 seats.

3.  Yesh Atid/ Kulanu

The surprise winner of the 2013 election was certainly the Yesh Atid  party which won 19 seats and claimed some key cabinet posts including ministries of finance and education.  At this point, polls have put Lapid's party at anywhere from 11 to 14 seats.  Where are these votes going?  The most logical answer is that they going to another centrist party - the new "Kulanu" party, led by Moshe Kahlon, which has been focusing on economic and cost of living issues.  There is probably still time for both parties to go up or down.  The polling results are likely to fluctuate.  Nevertheless, it seems likely that Lapid will lose a number of seats and that Kahlon will win at least 5 or 6.  Either Lapid or Kahlon - or both them - could wind up in a government led by Likud or a government led by the Zionist Union.  They may well be the power brokers in the next election, which could be a very good thing for the Israeli centre.

4.  Bayit Hayehudi 

This right wing national religious party, led by start up mogul Naftali Bennett is currently polling at approximately 11-12 seats.  The party held 12 after the last elections.  My sense is that there is some momentum for the party and that it could wind up with a few additional seats - perhaps 15 or 16 - which would be seats that would come at the expense of Likud or Yisrael Beitenu votes.  On TV earlier this evening, Bennett reiterated that his party would not give up "one centimetre" of land in exchange for a peace deal and that its proposal to the Palestinians would be "peace for peace" rather than "land for peace."  Bennett could not join a government with the Zionist Union so he would either bolster a Likud coalition or he would sit in opposition.  Sounds to me like a recipe for an early war but maybe he figures that deterrence prevents war.  Doesn't seem to me that Israel's history, to this point, supports that viewpoint completely. 

5.  Arab Parties

In previous Knesset elections, there were three Arab parties.  They are now all running together as a "United Arab List" which could claim 12 or 13 seats.  It may well be that this party, ironically, would bolster a Zionist Union government as part of some type of express, official deal, or as part of some sort of unofficial deal.  There may even be a chance that the joint party would come to terms with the Zionist Union to become part of the government though that seems unlikely at this point.  In any case, this voting bloc is likely to hold a reasonable amount of power and may be able to generate some positive changes for its supporters.

6.  Shas/ Yachad

Shas is the ultra-religious eastern (Mizrachi) religious party.  In 2013, it won 11 seats.  It has historically been part of Israeli governments and has usually been able to wrangle significant concessions for its voting bloc.  It did not join the government for this past session, for which it blames Yesh Atid, the party viewed as public enemy #1 by Shas and its supporters.  While in the political wilderness, Shas fractured.  A splinter party, led by Eli Yishai was formed called, ironically enough, Yachad ("together").  Between Shas and Yachad, the two parties are polling at a total of 11 to 13 seats.  They would be strong candidates to join a Likud led coalition.  They would try to insist that Lapid remain outside of the government.  They could probably live with Kahlon's party, Kulanu.

Summary

In reviewing the Likud math  (the math that Netanyahu would hope for - or that he could live with) - that would mean - (all estimates), 25 likud, 7 Yisrael Beitenu, 12 Bayit Hayehudi, 12 Shas, 4 Yachad, 6 UTJ (Ultra-religious Ashkenazi party).  That all adds up to 66 before Kahlon's votes.  So Netanyahu would still have room to court offers from Yisrael Beitenu, Yachad and/or UTJ to form the government.  Only Lieberman, Shas and Yachad would be real threats to leave and join the Zionist Union.  With this math at a minimum, Netanyahu would be in the driver's seat and would have the upper hand in forming a government.  He could well see higher numbers for his party or for some of the other parties listed above.

On the other hand, with enough of a monetary offer, both Shas and Yachad could also join a Zionist Union government. Let's look at that math (the math that Herzog would hope for - or could live with).  Zionist Union (27), Meretz (6), Shas/Yachad (16), Kahlon (8)....I'm only getting to 57.  Add in UTJ (6) and you have a razor thin government.  If  Lapid won 13 seats and replaced Shas/Yachad - I'm not sure that would get the coalition to 60.  Even if this type of government was formed - which combined the Zionist Union with three different ultra-religious parties, it is likely this would be a very unpalatable government for quite a large number of Israelis.  It could also add in 12-15 Arab seats but that might make it even more unpopular among the Israeli centre.

It seems to me that in order to form a government, the Zionist Union will either need a joint "national unity" government with Likud - or it will require some very surprising results (i.e. a big swing to the left by the Israeli electorate).  Neither seem incredibly likely at this point.  While there is certainly a move in some circles to create a change of leadership and elect a new Prime Minister in Israel, there is also significant support for some right wing parties including Habayit Hayehudi.  There is also some level of lack of confidence in Isaac Herzog ("Boujee") who has been painted in the media as weak and indecisive.

All in all, it is difficult to predict what might occur.  Although there is a possibility of some type of national unity government led by Likud and the Zionist Union, that seems to be the only real possibility of governmental improvement in Israel in my view.  The alternatives of a right wing coalition (i.e. replacing yesh Atid with the ultra-religious parties) or an unholy alliance between the left and the ultra-religious parties (possibly with support from the Arab parties) both look like grim options to me.

But 8 days can be a long time in Israeli political life so we will stay tuned and wait to see what happens.  Hopefully, a high percentage of Israelis will make it to the polls and will participate in this important election.

Israel: Coalition Talks Continue

Yair Lapid (left) and Naftali Bennett

The Israeli election was held on January 22, 2013.  My analysis of the expected coaltion talks, writing at the time, can be found here.  Meanwhile, more than a month has passed and it is still unclear what type of government Israel will have, other than the fact that it will almost certainly be led by the Likud party.  Prime Minister Netanyahu has failed to reach a coalition deal within the initial alotted time period.  He will now have until March 14, 2013.  If he still cannot conclude a deal by that time, there will either be new elections - or President Shimon Peres will ask another party to try to form the government.  In all probability, Netanyahu will reach a deal with some of the other parties by the deadline, even if the deal is reached just as time is expiring.

The only party to have joined the Likud so far is "The Movement" led by Tsipi Livni.  This was quite surprising to many Israelis since the centrist Livni joined a government without knowing which other parties would be involved.  She was granted a few cabinet posts and put in charge of overseeing Israeli-Palestinian negotiations.  As leader of the Kadima party after the previous election, Livni had opted to stay out of the government, despite having a large and powerful party.  This time around, she brings a much smaller number of seats.  To date, no other parties have been willing to join this coalition, which now numbers 37.  A majority of 61 is required to control the Knesset.

Prime Minister Netanyahu has been speaking to all of the possible suitors - Labour, Yesh Atid, Habayit Hayehudi and the ultra-Religious parties.  These talks are mainly held behind closed doors and it is really difficult to know exactly what is being demanded, promised or rejected and what genuine information or misinformation is being leaked.

However, it is fairly clear that two of the largest parties, Yesh Atid and Habayit Hayehudi have reached some sort of deal under which they will only enter the government together.  Apparently, the main piece of the deal centres around the idea that almost all ultra-religious Israelis will be required to serve in the army or the national service, by age 21, with only a small number exempted.  Both parties seem to be holding very firm to this demand, even as the ultra-religious Shas party has been attacking the parties for their lack of flexiblity and alleging that they are "anti-Haredi."  Tonight, Likud-Beitenu suggested that Yesh Atid was refusing to sit in a government with the ultra-religious parties.  However, it is not clear that Yesh Atid has actually taken this position.  It may be that they are holding merely steadfast to certain demands - the content of which are entirely unacceptable to the ultra-religious.  However, there is a big difference between insisting on some significant policy changes that will affect Haredim (as well as many other Israelis) - versus being "anti-Haredi."

Habayit Hayehudi leader Naftali Bennett and Yesh Atid leader Yair Lapid seem to have been able to agree on policies in a number of areas, primarily related to domestic issues.  Their stated aims are to improve education in Israel, improve life for the middle class, change the relationship of the State and the Ultra-Religious and other issues.  Both Bennett and Lapid served in the Israeli Defence Forces and both believe that the burden of mandatory military service should be distributed universally across Israeli society including ultra-religious Jews and Arab Israelis.  Overall, in the realm of domestic policy, Bennett does not appear to have staked out any particularly extreme positions, though his party would certainly have a much more right leaning social and domestic agenda than the platform on which Lapid campaigned.

The big question mark is what this means for the future of Israeli-Arab and Israeli-Palestinian relations.  Bennett is adamantly opposed to any territorial concessions and has indicated that his party will not support a government that makes any such compromises.  Lapid is much more flexible and favours an immediate return to the bargaining table  with the Palestinians.  Even though both parties oppose any concessions with respect to Jerusalem, it is hard to see how any kind of peace deal could be reached with the Palestinians without significant territorial concessions in other areas.  So, ultimately, if both Bennett and Lapid join the Netanyahu-led government together, the government will likely be preoccupied with domestic issues and negotiations with the Palestinians will move down on the priority list, even below where they have been currently.

The big winner so far in the Israeli public forum has been Yair Lapid.  Israelis have apparently been very supportive of his determination and resolve in not making concessions to the ultra-orthodox on the issue of universal conscription.  Some polls have suggested that Lapid's party would win more than 30 seats if a new election were held now.  It may well be that Lapid plans to deal with domestic issues first and then use his momentum and popularity to force a change in the governing coaltion or to force the government to turn its attention to addressing the Palestinian-Israeli dispute in more flexible fashion.

In any event, it seems to me that there are still reasons for Israelis to be cautiously optimistic.  Although the Yesh Atid Party may not be able to fulfill all of its promises, the determination that Yair Lapid is showing with respect to domestic issues is a promising sign that some significant, positive changes are on the way.