The Power of Perspectives

The Canadian Bar Association

Kim Covert

CBA Influence

Excising uncertainty: Comments on proposed amendments to the ETA

By Kim Covert November 30, 2017 30 November 2017

 

The purpose of a definition is to define. The purpose of a clarification is to clarify. According to the CBA Commodity Tax, Customs and Trade Section, draft amendments to the Excise Tax Act do neither, and in fact create uncertainty.

In its submission, the Section comments on subsection 272.1(8) proposed in draft amendments related to “investment limited partnerships.”

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CBA Influence

Legal aid in Canada: Same conclusions, different report

By Kim Covert November 28, 2017 28 November 2017


Federal legal aid funding has not kept pace with costs. There is a patchwork of legal aid assistance levels across the country. Federal money should be earmarked for civil legal aid. Money spent on legal aid saves money elsewhere in the social assistance system. Technological advances should be leveraged to improve access to legal aid services. National data collection should be improved.

Many of the 10 recommendations from a report on legal aid by the House of Commons Standing Committee on Justice and Human Rights probably sound like déjà vu all over again.

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CBA Influence

Past due: More time, consultation needed for prompt payment legislation

By Kim Covert November 28, 2017 28 November 2017


In a perfect world, no one would need a law to make them pay their bills on time.

In an imperfect world where such a law is apparently necessary, it’s best if that law is founded in extensive consultations with those it affects and doesn’t create more problems than it solves.

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CBA Influence

Three pages to storm the CASL

By Kim Covert November 20, 2017 20 November 2017


There’s more wrong with Canada’s Anti-Spam Law than can be dealt with in a three-page submission. So it is problematic that the House of Commons Committee on Industry, Science and Technology has limited the statutory review of the law in both time and space, three CBA Sections say in their submission.

“The time-limited review by the House of Commons Committee and the three-page limit on submissions is inadequate to address the complexities and challenges of CASL in its current form, and the requirement for a statutory review does not contemplate such a limited process,” says the submission, produced by the Privacy and Access and Competition Law Sections, as well as the CCCA. The Sections advise that further consultation is necessary in order to achieve CASL’s objectives.

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CBA Influence

Yes, but no: Well-intended Bill C-51 would not improve justice in sex assault cases

By Kim Covert November 20, 2017 20 November 2017


Changes to the Criminal Code’s sexual assault regime in Bill C-51 threaten to upset the ability of an accused to provide a full defence, suggests the CBA’s Criminal Justice Section.

The aim of the proposed bill is to remove unconstitutional or obsolete sections from the Criminal Code, a move that the Section supports. When it comes to other parts of the bill, those dealing with sexual assault cases in particular, “the CBA Section believes that much of what is proposed would fall short of improving justice for either complainants or accused,” it writes in a letter to the Chair of the House Committee on Justice and Human Rights.

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