CBA Influence - Public Policy and Advocacy

Travel restrictions surrounding COVID-19 have created uncertainty for foreign entities doing business in Canada – over tax issues such as residency, the determination of foreign accrual property income, and whether a company will be considered to be carrying on work in Canada just because its employees are there are just some examples.

The CBA’s Elder Law Section has joined many Canadian organizations that deal with seniors in calling on the federal government to increase the safety of older Canadians living in group care facilities.

Courts will always be necessary and have a rightful place at the centre of our system of justice, but if the fallout from COVID-19 has taught us anything, it’s that we need to find a way to need courts less.

Canada can protect both the public health and the human rights of vulnerable peoples without closing its border to refugee claimants who cross the border from the U.S. at irregular crossing points, the CBA’s Immigration Law Section says.

It’s time for all actors in the justice system to adapt to the new realities created by the COVID-19 pandemic, if the system is to serve those seeking justice.

To paraphrase the great Thomas Paine, who was writing during a time of crisis more than 200 years ago, these are the times that try men’s souls – as well as their ability to adapt to reflect the new reality.

Since COVID-19 began we’ve seen questions raised south of the border about how to deal with the democratic process of elections – specifically voting – while maintaining social distancing measures. What many Canadians might not realize is that it is also an issue for band elections in some First Nations communities.

Business practices that might be anti-competitive in normal times could be just what the doctor ordered in a pandemic, when collaboration between competitors might be what it takes to keep vital supply lines open.

As part of its efforts to contain and limit the spread of the coronavirus pandemic, the federal government has issued travel advisories and restricted non-essential travel at the Canada-U.S. border. One of the restrictions, however, risks contravening Canada’s obligations under international law.

Take prisoners held in close quarters with inadequate levels of health care at the best of times, or immigration detainees held in over-crowded facilities. Add in a lack of access to hygiene products and an inability to practice social distancing, multiplied by a quickly spreading and deadly virus with no known cure. It all adds up to trouble.