Full Review of Privacy Act Needed
The CBA wants the federal government to undertake a comprehensive review of the Privacy Act to ensure it will fulfill its objectives into the future. The CBA would like to see the Act strengthened to ensure better guidelines for the collection of personal information and for its protection once gathered. The CBA also recommends changes to the sharing of information and a “balanced” approach regarding breaches of the Act.

David Fraser and Greg DelBigio, of the CBA’s National Criminal Justice Section, presented the CBA’s submission to the Commons Access to Information, Privacy and Ethics on Privacy Act Reform in June.

News Release: www.cba.org/CBA/News/2008_Releases/2008-06-03_privacy.aspx
Submission: www.cba.org/CBA/submissions/pdf/08-30-eng.pdf


Bill S-209 Would Not Protect Children
The CBA has urged Parliament not to pass Bill S-209, Criminal Code amendments (protection of children), saying it will not further protect children. Bill S-209 would repeal Section 43 of the Criminal Code, which provides a defence to parents, teachers and like individuals to use force to correct a pupil or child. The Supreme Court of Canada has said that the defence applies only to minor corrective force of a transitory and trifling nature. Removing the defence would not help to reduce child abuse or exploitation. Greg DelBigio of Vancouver, Chair of the CBA’s National Criminal Justice Section, appeared before the Senate Committee on Legal and Constitutional Affairs in June.

News Release: www.cba.org/CBA/News/2008_Releases/2008-06-04_children.aspx
Submission: www.cba.org/CBA/submissions/pdf/08-31-eng.pdf


Speedy Passage of Bill C-31 Urged
The CBA welcomes Bill C-31, amending the Judges Act to add 20 superior court judges, calling it an excellent first step to address the pressing need for more judges in Canada, CBA President Bernard Amyot said in a May letter to the Senate Standing Committee on Legal and Constitutional Affairs.

Bill C-31 would increase the number of judges at a time when average trials are becoming longer, more litigants are representing themselves, and legal aid budgets are failing to meet the needs of low-income Canadians.

News Release: www.cba.org/CBA/News/2008_Releases/2008-05-28_c31.aspx
Letter: www.cba.org/CBA/submissions/pdf/08-28-eng.pdf


Remove Amendments to Bill C-50
The CBA has urged Parliament to remove and not pass amendments to the Immigration and Refugee Protection Act contained in Bill C-50, the Budget Implementation Act, 2008.

While the CBA agrees that the current backlog of immigration applications and the need for labour in some occupations are urgent, the measures in Bill C-50 are not necessary to address these problems, Stephen Green of Toronto, Executive member of the CBA’s National Citizenship and Immigration Law Section told the Commons Standing Committee on Citizenship and Immigration in May. The government already has the authority to send out teams to reduce the backlog, to establish processing priorities, and to streamline processing for temporary foreign workers.

News Release: www.cba.org/CBA/News/2008_Releases/2008-05-12_c-50.aspx
Letter: www.cba.org/CBA/submissions/pdf/08-24-eng.pdf

These articles were published in the August 2008 issue of BarTalk. © 2008 The Canadian Bar Association. All rights reserved.