The Power of Perspectives

The Canadian Bar Association

Yves Faguy

BC election

What if BC can't elect a new Speaker?

By Yves Faguy May 31, 2017 31 May 2017

What if BC can't elect a new Speaker?

 

 

Faced with two options  — resign now or face defeat on a confidence vote — BC Premier Christy Clark has made it clear that she is going the latter route.  She has stated, however, that she will recall the legislature for a vote soon, and won't ask the province’s Lieutenant Governor for a new election if defeated.  So far, there is little controversy surrounding her decision, at least from a legal point of view.  Even or political opponents, NDP leader John Horgan and Green Party leader Andrew Weaver have acknowledged her right to have the first opportunity at forming a government. 

But by forcing the vote of no confidence, is the premier not just putting off the inevitable?

Perhaps not. For starters, the NDP-Green Party pact could always fall apart. It’s also worth pausing to consider an intriguing possibility raised by James Bowden. The new legislature may not be able to elect a new Speaker:

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Climate law

Moving to a low-carbon economy is the future story of growth

By Yves Faguy May 29, 2017 29 May 2017

Moving to a low-carbon economy is the future story of growth

 

OECD countries should work to raise the cost of carbon emissions to US$100 per metric ton by 2030 to meet pledges made under the Paris Climate Agreement to keep global temperatures from rising above 2°C.

That’s according to a report released in Berlin today by The High-Level Commission on Carbon Prices, led by Nobel Laureate Joseph Stiglitz and Lord Nicholas Stern:

The proposed federal pricing in Canada would see a mandatory minimum floor price of CAN$50/ton in 2022. (Carbon should be priced at US$40-$80 per ton by 2020, says the Stiglitz-Stern report).

In China, Russia, Brazil, and South Africa the price of carbon in the power and industrial sectors should rise to US$75/tCO2 by 2030, in conjunction with a phasedown of fossil fuel subsidies.

The economists make the case that effective pricing carbon will help drive innovation in technologies and new business models, and therefore ultimately  boost productivity.

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Legal information

A new player in Canada's legal information market

By Yves Faguy May 24, 2017 24 May 2017

A new player in Canada's legal information market

 

Distilling large amounts of complex information for others has always been part of what lawyers do.  But even they need help finding it, which is why providing legal information is such a big part of the legal services business.

Over the last decade, the two main players in this space in Canada, LexisNexis and Thomson Reuters, have done just that, and more, by betting on technology to support lawyers in firms and law departments in applying their legal knowledge.

Now, a new competitor hopes to shake-up the space. Earlier this month, Compass, the new Canadian legal research platform — and new incarnation — of Maritime Law Book, announced that vLex, a Barcelona and Miami-based legal publisher, and California-based Justia were taking a stake in the company.

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Legal innovation

Connecting hearts and minds in your law firm's data strategy

By Yves Faguy May 23, 2017 23 May 2017

Connecting hearts and minds in your law firm's data strategy

 

Scott Mozarsky of Bloomberg BNA shares his views on big data and analytics disrupting the legal sector in a recent Forbes interview.  Here he discusses how data helps guide GCs in retaining external firms:

Selecting and retaining outside counsel used to be a lot more about art than science. Pre-existing relationships and referrals often drove decisions regarding representation by outside counsel. Data and technology have changed the selection process and made it much more scientific. Analytical tools allow clients to see which firms have represented clients in different jurisdictions and in front of different judges as well as the type of transactions and cases they have worked on.

As a general counsel, when my company was sued in a jurisdiction outside of the norm or if we were working on a deal involving a unique type of target or state or local law issues, I would call my contacts and ask for referrals. Now, in a matter of minutes, I can figure out the two or three most experienced choices to fit my fact pattern. Also, with significant budget pressure on in-house teams, transparency driven by data and technology often enable outside counsel to save fees by identifying experienced and effective outside counsel from mid-sized firms or from firms that are not based in large cities.

Indeed, law is becoming digitized, Mark Cohen writes, though law firms have so far failed in keeping up with the dramatic changes occurring in the marketplace:

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Immigration

Why the Preclearance Act needs to be be significantly changed

By Yves Faguy May 18, 2017 18 May 2017

 

Calgary lawyer Michael Greene from the CBA’s Immigration Law Section appeared this week before the House Standing Committee on Public Safety and National Security to give recommendations on Bill C-23 on  the preclearance of persons and goods in Canada and the United States.  The submission is here, and CBA National reported on it last month. We caught up with Greene and asked him to explain why the CBA Sections do not support Bill C-23 in its current form.  He also shares his views on some of the challenges involved in changing the legislation.

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