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June 2006
CBA News
Test case faces hearing on June 19
Legal counsel are preparing a response to the government’s attempt to strike the CBA’s civil legal aid test case. The hearing is scheduled for June 19. “Counsel received the defendants’ arguments for the hearing last month and have since responded,” reports CBA Past President Susan McGrath. “All materials were filed by June 14.”
The precedent-setting CBA test case challenges the constitutional right to civil legal aid in British Columbia. The court action was initiated at the B.C. Supreme Court a year ago.
CBA intervenes on security certificates
The CBA has intervened at the Supreme Court of Canada on the constitutionality of immigration security certificates. At issue are the rights of detainees in a process that allows closed court hearings, secret evidence, and lengthy imprisonment without being charged.
The CBA’s intervention focuses on three key points:
- The right to effective representation by a lawyer
- An individual’s right to liberty
- Judicial independence and impartiality
Toronto immigration lawyer Lorne Waldman is acting for the CBA on a pro bono basis.
News release
Police above the law?
The CBA continues to strongly oppose portions of the Criminal Code that place police officers and their agents above the law. “These provisions fly in the face of the central premise of the rule of law – that there is one law that applies equally to all,” says Greg DelBigio of Vancouver, chair of the National Criminal Justice Section. “Neither police nor their agents are justified in committing crimes in the name of law enforcement.” If the law is retained, more safeguards should be put in place.
Greg DelBigio presented the CBA views to the Standing Committee on Justice and Human Rights on June 8.
CBA letter
News release
Judges' salaries
The CBA is disappointed with the federal government’s recommendations on judges’ salaries. The CBA called on the federal government to implement all the recommendations in the Quadrennial Commission on Judges Compensation and Benefits. “An independent compensation commission is in place to de-politicize the process of setting judges’ salaries,” says CBA President Brian A. Tabor, Q.C. “Judges should not have to enter the political fray over salary negotiations. The continued integrity of the Commission process is critical to the preservation of judicial independence.”
The CBA intends to appear before the Commons committee when the government bill is examined.
Accountability Act needs amendments
While many aspects of the Federal Accountability Act – Bill C-2 – are commendable, some parts of the legislation may hinder the administration of justice and the rule of law, and thwart the very goals the Act was meant to promote, the CBA says.
In a 21-page submission delivered to the Special Legislative Committee on Bill C-2, the CBA comments on the following aspects:
- restrictions on accountability and transparency in government imposed by the Access to Information Act;
- whether or not there is a need for a Director of Public Prosecutions outside the Department of Justice;
- the need for an expansion of whistleblower legislation; and
- restrictions on the practice of law and the increase in administrative burden on not-for-profit organizations imposed by the Lobbying Act.
Canadian Legal Conference
St. John's early bird deadline – June 30 – Save $100
A star-studded line-up of speakers – U.S. Special Counsel Patrick Fitzgerald, Chief Justice Beverley McLachlin, Justice Minister Vic Toews and Gen. Rick Hillier, among many others – and a top-flight roster of education programs are making St. John’s 2006 a very popular destination for CBA members. Register early, as hotel accommodation is filling up rapidly and we are already sold out on certain dates. Save $100 on the registration fee by registering before June 30.
If you’re planning to make the trip into a summer getaway, consider pre- and post-conference tours. Spouses and guests can enjoy day trips during the conference. And a program for the young folks includes puffin- and whale watching for the teens, and a visit to the Newfoundland Science Centre for youngsters.
Details and registration
Tours can be booked through www.mccarthysparty.com or call 1-888-660-6060
Continuing Legal Education
Pan-Canadian Insolvency and Restructuring Conference
“Restructuring for Success” is the theme of the CBA's Second Annual Pan-Canadian Insolvency Conference, taking place Sept. 7-8 at the Hilton Lac-Leamy in Gatineau, Que. (across the river from Ottawa). Topics include:
- Developments in insolvency and restructuring law
- An update on the impact, status and future of Chapter 47 (as Bill C-55 is now known)
- A review of the year's big restructurings, such as Stelco
Details
CLE Fall lineup
National magazine
What do you think?
What's your take on the hottest trends in the legal profession? After reading "A to Z: 26 trends for the legal profession" in the April/May issue of National, take our survey and tell us what you think are the most important trends in legal practice. The best responses will be published in the September 2006 edition of the award-winning National magazine.
Feedback
How are we doing?
We welcome your feedback. If you have any comments on the items in this E-news, or about the CBA in general, let us know at info@cba.org. |
Canadian Bar Insurance Association
For lawyers, by lawyers
The Canadian Bar Insurance Association has reduced rates and upped coverage on some of its benefits. All plans are designed to meet the needs of the Canadian legal community at break-even pricing. Owning the right amount of insurance has never been so affordable!
Details
Law firm leaders
Leading the Canadian law firm into the future
Intense competition, rapid technological change, demanding expectations of clients and changing attitudes of lawyers and staff are realities in the operation of today’s law firms. Leaders’ priority is to ensure the stability and growth of their firms.
If you’re an industry expert, managing partner or in-house counsel, you won’t want to miss the second annual CBA conference Leading the Canadian Law Firm in the 21st Century: Managing the Future, taking place in Halifax, Nov. 5-7, 2006.
Topics include: • What to do about Neil? Moving beyond the rules to practicalsolutions;
• The talent pool: the business case for retention, accommodation and promotion of the best and brightest; and
• Risk management: best practices and models for identifying and managing claims, losses and crises.
Details and registration
Canadian Corporate Counsel Association
Trans-national litigation/ADR seminar for in-house counsel
The CBA’s Canadian Corporate Counsel Association and the American Bar Association’s International Law Section are offering in-house counsel a unique opportunity to explore recent developments and innovative approaches to trans-national litigation and international arbitration.
Where: Toronto
When: June 21, 2006, from 4:00 to 8:00 p.m.
Details and registration
Member savings
Dye & Durham
Save up to 47% on Philips Digital Pocket Memos and Transcription Sets until July 31, 2006. To receive this special offer, please quote number CBA0607 when placing your order.
Contact: Rosanne Waldman, Electronic Products Specialist,
Phone: 416-204-3553
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April 2006
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Editor:
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News Editor: Jared Adams
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