Today
Today

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.

Public Works suspension policy needs more consultation

  • January 22, 2019

The CBA’s Anti-Corruption Team has 18 recommendations to make on the federal government’s draft revised Ineligibility and Suspension Policy for public works contractors. But its first comment may be its most important: that a one-month consultation period didn’t give stakeholders nearly enough time to study and comment on the policy, which is set to be finalized in early 2019.

In summary, trials preferred to hearings

  • December 12, 2018

Bill C-77, which is currently before Parliament, would bring a “fundamental change” to the military justice system by amending the National Defence Act and related legislation to change the system of summary trials, creating a non-penal, non-criminal process for dealing with minor service infractions by military personnel.

Best interests of the child primary concern in Divorce Act changes

  • December 12, 2018

There’s much to applaud in Bill C-78, which amends the Divorce Act and other related legislation: the increased use of plain language, for example, along with proposals to replace the terms “custody and access” with concepts related to parenting; adopt a list of relevant factors in the determination of a child’s best interests; and encourage use of alternative dispute resolution processes, among others.

Political parties must meet basic privacy standards for personal data

  • December 05, 2018

If hacktivists decide to go after political parties in next year’s federal election (and Canada’s Communications Security Establishment is pretty sure they will) the personal information about the voting public that those parties hold could be up for grabs – and no party would be obliged to report the breach.

C-86: Trademark, copyright amendments need work

  • December 04, 2018

Bill C-86, the omnibus Budget Implementation Act, 2018, No. 2, is an important piece of legislation making speedy progress through Parliament despite its size and many varied component parts.

Unilingual constitution in a bilingual country makes for bad optics

  • November 27, 2018

Words matter. When it comes to the Constitution – the document which guarantees the equality of English and French – the fact that the majority of constitutional documents are available in English only makes it look like the words are more equal in one language than the other.