The Power of Perspectives

The Canadian Bar Association

Kim Covert

CBA influence

Technology-neutral PIPEDA’s consent model has aged well; Regulations have not

By Kim Covert April 7, 2017 7 April 2017


If it ain’t broke…

That’s essentially what the CBA told the Access to Information, Privacy and Ethics Committee in March about the existing consent model in PIPEDA – the Personal Information and Protection of Electronic Documents Act that was enacted in 2001.

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CBA influence

Bill C-23: This strip of my country is your country

By Kim Covert April 6, 2017 6 April 2017

Bill C-23: This strip of my country is your country

 

What do you do with a bill to implement an agreement reached by governments in two countries that have each been replaced by administrations with very different priorities and ideologies?

When it comes to Bill C-23, which would implement the Agreement on Land, Rail, Marine and Air Transport Preclearance reached between Canada under Stephen Harper’s Conservatives and the U.S. under Barack Obama’s Democrats, a number of national CBA Sections suggest you step back – waaaaay back – and think hard about what the legislation would mean once enacted.

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CBA influence

CBA groups urge repeal of Criminal Code section 159 at ‘earliest opportunity’

By Kim Covert April 6, 2017 6 April 2017


It used to be that when the Criminal Code talked about sex, it talked about sexual acts – and it made a whole host of them illegal – particularly if they were associated with homosexuality. But in the 1980s, a more open-minded wind blew through the Code, bringing with it the idea that the specific acts should be less of a focus than the age of the people performing them and their capacity to consent to them.

As it currently stands, the age of consent is 16, and 16-year-olds can consent to any form of sexual activity that it pleases them to engage in – except one.

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CBA influence

All in good time: Private right of action provisions in CASL can wait

By Kim Covert March 3, 2017 3 March 2017


When Canada’s Anti-Spam Legislation was passed nearly three years ago, it contained provisions for private rights action, which come into force on July 1, 2017, as well as a requirement for a statutory review, also scheduled to begin on July 1, 2017.

In a letter to Innovation, Science and Economic Development Canada, the CBA makes a strong argument for holding off on implementing the former until the latter is completed.

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CBA influence

Clarity and consistency: What IRCC needs for client service delivery

By Kim Covert March 1, 2017 1 March 2017


In January, the CBA National Immigration Law Section outlined how the government can improve the way it deals with immigrants, in a submission to the Standing Committee on Citizenship and Immigration’s study on the modernization of client service delivery. The MPs want to know about the experience clients have with the government departments and recommend best practices for improvement. Why? Because when things go wrong, the complaints land on their desks.

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