Indigenous language bill needs teeth

  • April 05, 2019

A law that can’t be enforced is an aspiration on a page. A law that purports to protect Indigenous language rights without providing for a way to defend those rights is little more than a “hollow promise,” says the CBA’s Aboriginal Law Section in response to the government’s proposed Bill C-91, the Indigenous Languages Act.

Impact Assessment Act: Thanks for the changes, can we have more?

  • March 19, 2019

Bill C-69, the awkwardly named Impact Assessment Act and Canada Energy Regulator Act, to amend the Navigation Protection Act and to make consequential amendments to other Acts, has been reviewed and amended in the House and is now making its way through the Senate.

Defining moments: When is a company no longer considered public?

  • March 18, 2019

The Income Tax Act says a corporation is public for tax purposes when its shares are listed on a designated stock exchange. Seems simple enough, right? But in fact, this definition can be problematic in a merger and acquisition context, where public companies elect to “go private.”

Bonds of duty: Clarification needed to say who pays and when under IRPA

  • January 28, 2019

A promise might be a good enough security for the London Stock Exchange, whose motto is “my word is my bond,” but the Canada Border Services Agency requires a bit more from those who pay a deposit or post a guarantee to ensure compliance with conditions imposed on a person entering Canada under the Immigration and Refugee Protection Act.

Rethinking reimbursements for reproductive donors and surrogates

  • January 28, 2019

Put five pregnant women in a room and chances are that each of the five will report a different experience with her pregnancy. Put one woman who’s had multiple pregnancies in a room and chances are she’ll tell you that each pregnancy was different from the other in ways large or small.

Suggestions for improving CASL? We have a few…

  • January 22, 2019

You don’t have to ask us twice: invited by Innovation, Science and Economic Development Canada to suggest improvements to Canada’s Anti-Spam Legislation, several CBA Sections were happy to weigh in.

Victim fine surcharge regime unconstitutional

  • January 22, 2019

The Supreme Court of Canada dealt a decisive blow to victim fine surcharges in December, ruling in R v Boudreault that the current surcharge regime is unconstitutional and amounted to “cruel and unusual punishment” of impecunious offenders.