Family Courts and Judicial Compensation

The CBA welcomes the introduction of Bill C-51, which amends the Judges Act, the Federal Courts Act and other Acts. The Bill calls for the appointment of 29 additional judges, 27 of whom would be dedicated to an expanded Unified Family Court and the appointment of more specialist judges. The Bill also proposes to increase judicial salaries, as recommended by the Judicial Compensation and Benefits Commission in its May 2004 report and accepted by the federal government in November of 2004.

In March 2005, the CBA President wrote to the Minister of Justice to implement the recommendations of the Judicial Compensation and Benefits Commission. The CBA welcomed the government’s acceptance of the major recommendations of the Commission and called for legislation as a matter of priority. Judicial compensation commissions provide an effective and non-partisan method of reviewing and setting judicial remuneration and play a pivotal role in ensuring the independence of the judiciary. The CBA also supports Unified Family Courts to facilitate integration of services for separating families, including counselling, conciliation and enforcement.

To view the CBA letter, please visit: www.cba.org/CBA/submissions/2005eng/05_15.aspx

Leading the Canadian Law Firm in the 21st Century

Intense competition, rapid technological change, demanding expectations of clients, and changing attitudes of lawyers and staff are realities in the operation of today’s law firms. If you’re a managing partner, you’ll want to join industry experts, managing partners and in-house counsel for an in-depth analysis of the latest challenges and techniques to address issues such as marketing, leadership, compensation, and recruitment. This unique program takes place in Halifax, Sept. 15-17, 2005.

For program details and registration information, please visit: www.cba.org/cba/cle/cle00/leading_05.aspx

On Guard for Thee

Once again, the CBA is hard at work monitoring and where appropriate, intervening on proposed legislation that may have a profound impact on lawyers, their clients, and their practices. The Joint CBA/Canadian Institute of Chartered Accountants (CICA) Committee on Taxation is urging that Bill C-33 (implementing parts of the March 23, 2004 federal budget) be redrafted to eliminate the retroactive nature of the amendment to the general anti-avoidance rule (“GAAR”) in section 245 of the Income Tax Act. The proposed amendment is retroactive to 1988. In its letter to the Senate Committee on National Finance, the Joint Committee on Taxation said the proposal is not a mere “clarification” of the law, but will expand the scope of one of the most important and far-reaching provisions of the Income Tax Act.

To view the submission to the Senate Committee on National Finance, visit: www.cba.org/CBA/submissions/2005eng/05_29.aspx

To view the letter to the Minister of Finance, visit: www.cba.org/CBA/submissions/2004eng/04_29.aspx

These articles were published in the August 2005 issue of BarTalk and are subject to the copyright by the British Columbia Branch of the Canadian Bar Association, 2005, all rights reserved.