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CBA Influence | July 2018

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Broadening our Influence

The CBA’s Policy Committee and member volunteers stay busy all year speaking to governments, courts and regulators on your behalf. And we’d like you to know more about it. This monthly newsletter features a compendium of blog posts about recent CBA initiatives, and status reports on proposed federal legislation, regulatory changes and government consultations.

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CBA statement on immigration detention of children

The Canadian Bar Association supports the American Bar Association’s statement opposing the current situation in the United States where children are being separated from their parents and being held in detention facilities.

CBA was ahead of the curve on TWU

It’s always nice to be on the winning side. But in the case of the recent Supreme Court rulings n two cases involving Trinity Western University, it looks like the CBA also had a hand in writing the script, since many of our arguments made it into the decisions.

Help wanted: Leaders like you

You’ve been honing your skills – in leadership, judgment, assessing complex legal issues. You want new challenges.  Want to be a Superior Court Judge? Sit on an International Trade and International Investment Dispute Settlement Body? Chair the Canadian Race Relations Foundation?  Well step right up – those positions and more are open, all you need to do is apply. Check out federal appointment opportunities and open positions on the bench. The government considers bilingual proficiency and diversity in filling these positions. Are they looking for you? Look here for provincial and territorial opportunities.

C-58 Update: Letter from the Minister

CBA President Kerry Simmons outlines next steps for the Association following the federal Justice Minister’s rebuttal of our arguments against parts of Bill C-58.

Bill C-58: Privilege is more than a privilege

Bill C-58, containing amendments to the Access to Information Act and the Privacy Act, is waiting to be assigned to a committee in the Senate. We updated our December submission on the bill to acknowledge the changes made in the House, and to argue for more.

Time to ratify children’s rights protocol, government told

Canada stepped up to ratify the UN Convention on the Rights of the Child, and two optional protocols that accompanied it, but the government has been more reticent about Optional Protocol #3, which would allow citizens to take their grievances to the UN after they’d exhausted all options at home.

Past time to create a National Commissioner for Children and Youth

So far Canada has not felt obliged to fulfil the obligation it accepted 27 years ago, when it ratified the UN Convention on the Rights of the Child, to establish the office of a National Commissioner for Children and Youth.

Taking leave: Federal and provincial parental leave allowances may differ

Not knowing that there’s a difference between what the Canada Labour Code allows for parental leave, and what the provincial statutes set out can cost new parents a lot of money.

A shorter deadline won’t make tax reports more accurate

The government says a shorter deadline for taxpayers to report their compliance with Canadian taxation of foreign-based income will make those reports more accurate. The Joint Committee on Taxation of the Canadian Bar Association and Chartered Professional Accountants of Canada begs to differ.

Don’t throw IRB independence out with the bathwater

If it’s broke, fix it, but don’t over-correct, says the CBA’s Immigration Law Section in response to the IRB’s review of refugee determination procedures.

Playing our cards right: Improving the PR experience

Eighty per cent of the time applications for new or renewed permanent resident cards go like clockwork. The other 20 per cent can be a whole other story. The Immigration Law Section has some tips for making the process better.

What the IRB needs: Transparent appointments, adequate training

The Immigration Law Section has some recommendations for improving the appointments process for Immigration and Refugee Board members.


Focus on Parliament image

CBA Focus on Parliament is a regular compendium of federal government bills, draft regulations, selected private members’ bills and other government initiatives. The CBA Legislation and Law Reform department has compiled this list for leaders of CBA Sections and Committees, as an overview of recent federal issues on which they may wish to comment.