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CBA Influence | April 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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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 Information Commissioner? Sit on an Immigration and Refugee Board – or maybe the Parole Board? How about a seat on the Federal Court bench? 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.

Bill C-49 sends mixed messages to foreign investors

The government’s plan to increase the level of foreign ownership allowed in the aviation sector is offset by the caveats attached to the rules, which could mitigate any stimulus the change in rules might generate.

CBA has serious concerns with proposed impaired driving bill

Nobody wants impaired drivers on the road, but the CBA has serious concerns about Bill C-46, which adds mandatory minimum sentences and will likely result in increased litigation and delays.

Eligible dependents: Share the support, share the tax credit

Shared parenting arrangements make a lot of sense when families break down, and are increasingly the norm. But Canada’s tax rules have yet to catch up.

Income sprinkling, income splitting, and passive investments

Proposed changes to the Income Tax Act and the federal government’s 2018 budget address questions of sprinkling, splitting and passive investments.

Manitoba pension review consultation

The CBA’s national Pension and Benefits Law Section provided comments for a review of Manitoba’s Pension Benefits Act.

Alternative dispute resolution in legal education

The CBA wrote to the Federation of Law Societies of Canada to reiterate its call for mandatory ADR training in the country’s law schools.

After IGGillis Holdings: Protecting privilege when giving common legal advice

The Federal Court’s ruling in IGGillis Holdings affirms that sharing legal advice with transacting parties, or working with other parties’ lawyers to develop that advice, will not waive solicitor-client privilege, writes Mark Tonkovich, who led the CBA’s intervention in the case.

Interventions update

The CBA has been granted  leave to intervene in Kassem Mazraani v Industrial Alliance Insurance and Financial Services Inc., et al., which centres on official languages. Our stand will be that, as an access to justice issue, language needs to be treated as a right and not an accommodation. The appeal is scheduled for May 16. We’re still waiting for decisions in TWU and Groia, but both should come fairly quickly, as they must come down within six months of Beverley McLachlin’s retirement from the bench.

Focus on Parliament

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CBA Focus on Parliament is a regular compendium of federal government bills, draft regulations, selected private members’ bills and other government initiatives.