The Power of Perspectives

The Canadian Bar Association

Kim Covert

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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CBA Influence

Personal information in the balance under SCISA

By Kim Covert February 27, 2017 27 February 2017

When it comes to information sharing for national security, everything is a balancing act – the government needs to protect its citizens from outside threats without depriving them of their civil liberties in the process. Both of these important concerns are fundamental to our freedom.

Parts of the Security of Canada Information Sharing Act, according to the CBA, may tip the scales a little too far toward national security.

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CBA influence

Changes to Citizenship Act: Amended Bill C-6 before Senate committee

By Kim Covert February 24, 2017 24 February 2017

Bill C-6, which contains amendments to the Citizenship Act, continues to make its way through Parliament. The CBA’s National Immigration Law Section first appeared in support of its submission on the proposed legislation last May before a House committee; in February, it brought the same submission to a Senate committee.

Well, almost the same submission. After the CBA appeared in the House, the government made a few tweaks to the bill in response to recommendations from the Immigration Law Section (and others), and the submission was reflected to update those changes.

The primary objective of Bill C-6 is to “return Canadian citizenship law to its state before the changes introduced by Bill C-24, the Strengthening Canadian Citizenship Act. In 2014, the CBA Section largely opposed the changes introduced by Bill C-24, and so in general we support reversing those changes,” the submission says.


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