The Power of Perspectives

The Canadian Bar Association

Justin Ling

Immigration

Key parts of citizenship revocation process struck down

By Justin Ling May 11, 2017 11 May 2017

Key parts of citizenship revocation process struck down

 

The Federal Court just beat Justin Trudeau to the punch.

In a ruling yesterday, the court found that three provisions in the Citizenship Act were unconstitutional and denied Canadian citizens the right to due process afforded to them under the Canadian Bill of Rights.

Justice Jocelyne Gagné ruled that Ottawa’s powers to strip citizenship from dual citizens, in cases where they believe the citizenship was obtained through fraud or misrepresentation, lacked safeguards.

Thanks to changes brought in under the Strengthening Canadian Citizenship Act, people facing revocation were only afforded a trial if the Minister of Citizenship and Immigration deemed it necessary. Otherwise, their representations would be made only in writing.

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Trade

Beer pressure

By Justin Ling May 10, 2017 10 May 2017

Beer pressure

 

When the Supreme Court granted leave last week to hear the appeal in R. v. Comeau, there was elation in all sorts of different corners of the country.

Free marketeers are hoping the top court will finally pave the way for legal challenges to enforce the sort of free-trading union that (they suspect) the framers of the constitution always wanted.

Wine aficionados are anticipating the pleasure sipping B.C. wine in Nova Scotia, and Nova Scotia wine in B.C.

For provincial governments, the hope is that a ruling will reinforce their long-held power to regulate and manage certain domestic industries at their province’s borders.

Caught in the middle of it all are the provincial liquor boards, whose very existence might be on the line.

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Inter-provincial trade

Interprovincial beer case heads to the SCC

By Justin Ling May 5, 2017 5 May 2017

Interprovincial beer case heads to the SCC

A case that will decide the fate of Canadian liquor laws, and perhaps inter-provincial trade itself, is heading to the Supreme Court.

R. v. Comeau, which found that a ticket issued against Gerard Comeau ran afoul of the Constitution Act, 1867, was decided at the Provincial Court Of New Brunswick in 2016.

Since then, the province has tried to appeal to both New Brunswick Court of Appeal and the Court of Queen’s Bench, to little avail. Their hail mary pass, which came with the enthusiastic support of Comeau himself, was to file for leave to the Supreme Court.

The top court granted leave yesterday.

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Trade

Why we can't seem to solve the softwood dispute for good

By Justin Ling April 27, 2017 27 April 2017

Why we can't seem to solve the softwood dispute for good

 

How many softwood lumber disputes is it going to take before Canada gets a long-term deal with the U.S.?

This last week appears to have been the beginning of Lumber V, the fifth incarnation of a long-standing trade dispute that has taken place on the margins of NAFTA, wherein Washington has consistently insisted that Ottawa has dumped subsidized lumber into its market. Trade tribunals — even America’s own internal trade authorities — have sided with Canada.

Indeed, past disputes have wound up before arbitration, and led to agreements that have cooled cross-border sniping on the file. Now the two countries have been without a deal since 2015.

And while Prime Minister Justin Trudeau had marathon talks to try and get a deal to pre-empt Lumber V, none came (according to one former U.S. trade representative, Canada was close to sealing one with the Obama administration, but decided to hold out for better terms with his successor). And, as such, President Donald Trump has picked up the mantle.

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Criminal law

Will the new roadside testing rules pass a Charter challenge?

By Justin Ling April 21, 2017 21 April 2017

Will the new roadside testing rules pass a Charter challenge?

 

Much has already been made of the Liberal government’s pledge to legalize marijuana, and parliamentary debate has yet to even begin.

But one element of the massive legislative effort that has received less scrutiny is a pledge to implement mandatory roadside tests for intoxication — the common breathalyzer test for alcohol, and the still-unproven oral swab test for THC, the psychoactive component in marijuana.

Bill C-46, the legislation updating the Criminal Code’s impaired driving sections, reads that a police officer may, in their “lawful exercise of powers under an Act of Parliament or an Act of a provincial legislature or arising at common law … by demand, require the person who is operating a motor vehicle to immediately provide the samples of breath.”

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