The Power of Perspectives

The Canadian Bar Association

Kim Covert

CBA Futures

Friday weekly wrap-up

By Kim Covert August 24, 2018 24 August 2018

Friday weekly wrap-up

 

Here’s a quick look at the major legal stories from the past week.

This, but not like that: Saying they agree with the result of the judge’s decision in Canada Without Poverty v AG Canada, but not necessarily the logic used to reach it, the ministers of Finance and National Revenue announced they will appeal the decision. That announcement came just a week after the government announced it would change the parts of the Income Tax Act that the judge in that case struck down, which keep charities from carrying out non-partisan political activities.

Justice Minister Jody Wilson-Raybould promises to “advance change” on mandatory minimum sentences after an Ottawa judge last week joined the long line of judges who’ve rejected mandatory sentences as cruel and unusual. The Justice Minister told Lawyer’s Daily that she believes judges should have the discretion to decide on appropriate sentencing, but “we need to ensure that we will put in place sentencing reform that will stand the test of time.”

Read More
CBA influence

C-43 plus C-46 equals disproportionate penalties for immigrants

By Kim Covert August 24, 2018 24 August 2018

 

The harsh measures in 2013’s Faster Removal of Foreign Criminals Act will be exacerbated when the recently adopted Bill C-46 comes into effect, says the CBA’s Immigration Law Section. And the government should act now to prevent the disparate impact on immigrants.

Under the 2013 legislation, people who had been convicted of a crime in Canada and sentenced to six months in jail – a reduction from the previous two years – were denied the right to appeal their status before the Immigration Appeal Division, on the grounds of “serious criminality.” The law also denied appeal rights to permanent residents and foreign nationals convicted of foreign offences, regardless of sentence. These were just two of the grounds on which the Section objected to the bill at the time. The Section also made objections to bill C-46 before it passed.

Read More
CBA influence

National registry makes sense for unlocatable pension plan members

By Kim Covert August 23, 2018 23 August 2018

 

What do you do with pension benefits when you can’t find the plan member?

That’s a question the Canadian Association of Pension Supervisory Authorities is trying to answer with its Guideline No. 9, Searching for Un-locatable Members of a Pension Plan.

Read More
CBA influence

Response to CCMR draft prospectus: Harmony is the key

By Kim Covert August 22, 2018 22 August 2018

 

Consistency in regulations and harmonized approach across jurisdictions are important factors for the Cooperative Capital Markets Regulatory System, the CBA’s Business Law Section says.

The Section was responding to a draft prospectus and related registration exemptions under the Capital Markets Act published earlier this year. 

Read More
CBA influence

First rule of immunity and leniency program: Do less harm

By Kim Covert August 22, 2018 22 August 2018

 

The CBA’s Competition Law Section is very pleased that many of the recommendations it made in its January submission on proposed changes to the Competition Bureau’s Immunity and Leniency Programs have been heeded. But many of the remaining proposals introduce the kind of uncertainty into the process that could keep would-be self-reporters away.

“It is a core principle of the Immunity and Leniency Programs that a cooperating party should not be made worse off by deciding to self-report to the Bureau,” the Section writes in a submission on the second round of consultations. “However, the cumulative impact of the proposed changes creates new risks and exposures for parties deciding to seek immunity and leniency,” and might “encourage prospective applicants to skip Canada, given the burdens and uncertainties” they introduce.

Read More