CBA Advises Caution on Proceeds of Crime Amendments

The CBA told the Finance Committee studying Proceeds of Crime Act amendments that Bill C-25 is being rushed through without adequate time for stakeholders to assess the full impact. For example, the bill would significantly expand the regime for sharing information with foreign governments.

Ron Skolrood, of Vancouver, Chair of the National Constitutional and Human Rights Law Section, appeared before the Commons Committee on Nov. 2. At the same time, he noted the CBA “commends the government for recognizing the fundamental importance of solicitor-client privilege by explicitly removing legal counsel and law firms from the reporting requirements under the Proceeds of Crime and Terrorist Financing Act.”

Read more >>> http://www.cba.org/CBA/News/2006_Releases/2006-11-02_c25.aspx.

CBA Proposes Amendments to Accountability Act

While many aspects of the Federal Accountability Act – Bill C-2 – are commendable, the CBA says that parts of the legislation may hinder the administration of justice and the rule of law, and thwart the very goals the Act was meant to promote. The CBA’s 21-page submission (presented on Oct. 23 to the Senate Committee on Legal and Constitutional Affairs by National First Vice-President Bernard Amyot) focuses on four key points:

• Lobbying Act: “The proposed requirement of monthly reporting of communication between lobbyists and senior public officers would drastically increase the risk that lawyers would be forced to violate their ethical duty to maintain client confidentiality. There should be a clear exemption for communications where confidentiality is required by law.”
• Access to Information Act: Amendments to the Access to Information Act will reduce accountability and transparency in government. The CBA proposes a “public interest” override – already in place in many Canadian jurisdictions – and that time limits apply to all exemptions.
• Whistleblowing legislation: The CBA notes the bill gives incomplete protection to whistleblowers, and it recommends an expansion of the legislation. Whistleblower legislation should protect not only public officials who make disclosures that are lawfully required, but also those who make disclosures that are lawfully permitted.
• Director of Public Prosecutions: While it is important that prosecutors be free from political interference, there is simply no need for a Director of Public Prosecutions, says the CBA. Existing agencies and procedures make a proposed DPP redundant – a “solution in search of a problem.

Read more >>> http://www.cba.org/CBA/News/2006_Releases/2006-10-23_accountability.aspx.

CBA Condemns Proposed Changes to Judicial Appointment Process

The CBA fears that changes to the judicial appointment process – and the way they were introduced – could seriously undermine public confidence in the process, said CBA President J. Parker MacCarthy in a letter to federal Justice Minister Vic Toews. While the CBA supports some of the changes, “we must conclude that the overall impact is to undermine the purpose of identifying the best candidates and removing partisan influences,” says the letter. The CBA is calling for consultation and debate on the issue.

The Nov. 17 letter to the Minister followed a CBA news release issued Nov. 10, immediately after the changes were announced. Parker MacCarthy said the new proposals “stack the deck” in the committees, increasing the appearance of politicization and creating greater opportunities for patronage.

The Globe and Mail, National Post and many CanWest newspapers across Canada, as well as CBC Radio and Vancouver’s CKNW interviewed Parker MacCarthy at length.

Letter to Justice Minister >>> http://www.cba.org/CBA/submissions/pdf/06-51-eng.pdf.

News release >>> http://www.cba.org/CBA/News/2006_Releases/2006-11-10_judicial.aspx.

Keep Conditional Sentences, Says CBA

The National Criminal Justice Section says that Criminal Code amendments (Bill C-9) calling for the elimination of conditional sentences for many categories of offences should not be enacted, and proposes alternatives that would better protect public safety by disallowing their use for serious, violent offences.

“The CBA supports measures that will lead to a safer society,” says Adrian Brooks of Victoria, member of the National Criminal Justice Section. “However, that goal requires more than relying only on incarceration. Conditional sentences provide an important alternative, and are often appropriate for less serious or non-violent offences.”

The CBA favours an approach that takes into account all sentencing principles and that relies on judicial discretion in sentencing. “A wide range of sentencing options enables trial judges to design a balanced, just and appropriate sentence for each individual case,” says the CBA submission, presented to the Commons Committee on Justice and Human Rights on Oct. 4.

News release >>> http://www.cba.org/CBA/News/2006_Releases/2006-10-04_conditional.aspx.

Submission >>> http://www.cba.org/CBA/submissions/pdf/06-42-eng.pdf.

Ethics Edition Now Online

The Canadian Bar Review Special Edition on Ethics, Volume 84 (2005), Issue 3, is available online (http://www.cba.org/CBA/Canadian_Bar_Review/Main/) and is available in print in December. Articles include:

• Who Are “Clients?” (And Why it Matters), by Allan C. Hutchinson
• Beyond Conflicts of Interest to the Duty of Loyalty: from Martin v. Gray to R. v. Neil, by Richard F. Devlin and Victoria Rees
• Service of the Crown: Are Ethical Obligations Different for Government Counsel? by Deborah MacNair

Members interested in receiving a copy are asked to e-mail review@cba.org.

Expansion of Legal Aid Services to Family Clients

“We are making a number of improvements so we can do more to help people solve their problems without going to court and, in situations where all else fails, to make sure people with serious problems get the legal representation they need,” says Executive Director Mark Benton.

“Our focus continues to be early intervention and early resolution,” Benton adds, noting that it’s important to provide the type and amount of service that is appropriate for each client’s circumstances. The improvements broaden existing legal advice and representation services.

Read more >>> http://www.lss.bc.ca/newsroom/news_releases.asp.

Call to Action for Court Challenges Program

The CBA has called on the federal government to reinstate the Court Challenges Program and the Law Commission of Canada, and provide long-term financial stability for both programs through increased funding. That was the message delivered by CBA Counsel Melina Buckley of Vancouver, and CBA Director of Legislation and Law Reform Tamra Thomson of Ottawa, to the Commons Standing Committee on Justice and Human Rights on Nov. 6.

That presentation was the latest step in the CBA’s strategy designed to ensure that the language and equality rights of all Canadians are guaranteed. In October, President J. Parker MacCarthy, QC, wrote an open letter to Prime Minister Stephen Harper following the September announcement of the cuts.

As part of the strategy, the CBA has sent a letter to opposition Justice critics and lawyer MPs to encourage them to support reinstatement of the CCP and to bring that message to their caucuses. For the full CBA strategy – including what individual members can do – please visit the CBA website.

Read more >>> http://www.cba.org/CBA/news/ccp.

CBA CEO John Hoyles receives Pinnacle Award

CBA Chief Executive Officer John D.V. Hoyles was recently honoured with the prestigious Pinnacle Award by the Canadian Society of Association Executives (CSAE) at its 2006 National Conference and Showcase, held in Edmonton. The award recognizes exceptional and outstanding leadership qualities within an association, volunteer contributions to other organizations and the community-at-large, and to CSAE.

CBA President J. Parker MacCarthy, QC, congratulated John on receiving this recognition from his peers, and for his outstanding contribution to the Association and the legal profession.

Amend Bill C-17 to Protect Judicial Independence

On Oct. 25, the CBA called for amendments to Bill C-17 (amendments to the Judges Act) to reflect the recommendations of the 2003 Judicial Compensation and Benefits Commission in order to protect the independence and impartiality of Canada’s judges.

The 2003 Commission had recommended a salary increase for judges effective April 1, 2004. The federal government rejected that proposal and substituted a lower amount. The CBA says the government’s explanation for not following the 2003 Commission Report may not comply with constitutional requirements to provide adequate reasons.

“The government response is too vague and does not follow established constitutional principles. The response must provide specific details about its ‘other priorities,’ including costs,” says CBA President J. Parker MacCarthy, QC, of Duncan, B.C.

Without adequate reasons for not following the recommendations of the 2003 Commission, the CBA says the government “is sending a message that it has chosen to disregard the Commission’s recommendations because it does not agree with them. Such a perception risks damaging judicial independence and public support for the administration of justice,” says Parker MacCarthy.

These articles were published in the December 2006 issue of BarTalk and are subject to the copyright by the British Columbia Branch of the Canadian Bar Association, 2006, all rights reserved.