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CBA Influence | June 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 sit on an Immigration and Refugee Board? Be Competition Commissioner, or Vice-Chairperson, Canadian Human Rights Tribunal?  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.

Voter intelligence is big business unfettered by regulation

Big Data – that’s what Facebook and Google and all those other companies that resell personal data are all about. What might surprise you is that political parties are doing the same thing, with far less regulation.

Search engines’ raison d’être at the base of online privacy debate

The debate over the right to be forgotten continues. The Privacy Commissioner’s Draft Position on Online Reputation evokes arguments from a number of perspectives.

Consent guidelines: Reviewing the revisions

The Privacy Commissioner asked what Canadians thought about its draft guidelines for meaningful consent, and we answered, and the guidelines were revised and now the Privacy Law Section provides its response to the revisions (hint: problems remain).

Bill C-66 not a complete fix for historically unjust convictions

The government is proposing to expunge the criminal records of people who were convicted of behaviours that, with changing social mores and laws, are no longer criminal. But Bill C-66 could do with some tweaking.

Senate committee to study charitable sector

The Senate has appointed a committee to study the charitable sector. The CBA’s Charities and Not-For-Profit Law Section has some recommendations for what it should look at.

Bill C-69 needs clarity and guidance to achieve stated goals

The Aboriginal Law Section and the Natural Environmental, Energy and Resources Law Section came at the government’s Impact Assessment Act from fairly different perspectives, but did find some areas of agreement.

Draft M&A guide takes positions inconsistent with jurisprudence

The Competition Bureau’s Practical Guide to Efficiencies in Merger Reviews shows its commitment to transparency and public consultation, says the Competition Law Section, but a lot of what it says has no backing in jurisprudence.

Abuse of dominance guidelines need work

The CBA’s Competition Law Section welcomes guidelines from the Competition Bureau on abuse of dominance, but says certain improvements would make them more helpful.

Legislation needs to respect solicitor-client privilege

Privacy and information commissioners are not impartial adjudicators and should not have the same rights as judges to review documents subject to solicitor-client privilege, the CBA says in response to a consultation document from P.E.I., which is updating its Freedom of Information and Protection of Privacy Act.

Construction Section applauds prompt payment efforts

The Construction and Infrastructure Section applauds the government’s movements toward wider consultations for its prompt payments legislation, but says putting a national scheme in place will be problematic.

Groia v Law Society of Upper Canada

The Supreme Court handed down a split decision in Groia on June 1, with the majority ruling that it was unreasonable for the Law Society’s appeal panel to find Joseph Groia’s conduct unreasonable.


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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. 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.