Latest news with #CanadianBarAssociation
CBC
2 days ago
- Politics
- CBC
Bar association cautions N.S. premier on statement about court decision
Social Sharing The Canadian Bar Association is warning Nova Scotia's premier that recent comments from his office risk blurring the public's perception of "the important distinction" between the roles of elected politicians and the judiciary. In a letter to Tim Houston dated July 29 and posted online, the president of the association's Nova Scotia branch writes that the Nova Scotia Court of Appeal's decision to decline to answer a reference question related to the Chignecto Isthmus was "based on established legal principles, not an avoidance of difficult questions." "The courts have a fundamental responsibility to determine whether questions posed to them are appropriate for judicial determination," Abha Romkey writes. "In doing so, they safeguard not only the integrity of the judicial process but also the essential separation of powers between courts and the other branches of government." At the heart of the matter was a question of what level of government has legislative authority over the small strip of land that connects the province to New Brunswick. The Nova Scotia government put the question to the court several years ago amidst a dispute with Ottawa over the responsibility for the cost of upgrading the Isthmus, which requires work to ensure future storms do not cut off the vital trade and transportation corridor, which includes the Trans-Canada Highway and a rail link. The federal government offered to foot half of the $650-million bill, with the governments of Nova Scotia and New Brunswick splitting the other half, but the provinces maintained Ottawa should cover all costs of upgrading and strengthening dikes that protect the low-lying area. Ultimately, the provinces accepted the proposal but Nova Scotia pushed ahead with its court case. Although lawyers for the Nova Scotia government said they were not looking for the court to determine who has the financial responsibility for the upgrades, Houston had stated publicly that the court case could help determine that question. Concerns about political undertones That drew concerns from the court, which issued a decision that called Nova Scotia's reference question "vague," "imprecise" and with "political undertones." "The background leading up to the Question suggests it is an attempt to enlist the Court in a political dispute — that is — who is responsible to pay for the remediation of the Isthmus," the justices wrote in their decision. "We recognize our obligation to provide advice when a reference is made to this Court, however, the Governor in Council should not be using the reference process for a political purpose. The reference process is not a mechanism for achieving political ends." Houston's office responded with a statement that said the court should answer questions it's asked about interprovincial affairs. The statement went on to say that all constitutional questions of the court that cross federal and provincial jurisdictions have the potential for political overtones. "This is not a legitimate reason to avoid answering an important, reasonable question," the statement from Houston said. Public confidence in courts 'fundamental' to rule of law In her letter to the premier, Romkey writes that although constitutional questions often have political dimensions, "it is both legitimate and necessary for courts to decline to answer where the question lacks sufficient legal substance or would risk drawing the judiciary into a political dispute." "This ensures that rulings address genuine legal issues, not policy debates, preserving both judicial independence and public confidence in our courts." Romkey, who notes in her letter that she represents more than 1,500 lawyers, judges, academics, students and notaries in Nova Scotia, concludes her letter by encouraging the premier's office "to consider clarifying that your comments were not intended to call into question the Court's independence or the legitimacy of its decision to decline the reference, as public confidence in our courts is fundamental to the rule of law." In a statement, Houston's press secretary said the case deserved a clear resolution. "In the past, courts have made clear decisions on issues like the legality of the federal government imposing a carbon tax on provinces," Catherine Klimek said. "If Nova Scotians are to foot the bill for a national project, they should at least receive a clear court ruling assuring them that it is indeed their responsibility."
The Province
14-06-2025
- Politics
- The Province
Canada's giant immigration industry will have to get used to 'intense' public debate
Douglas Todd: Worries about media coverage are emerging from the thousands of lawyers, agents and others in Canada paid to smooth the way each year for millions of migrants. When it comes to migration in Canada, a journalist's goal is to responsibly probe for the truth of a matter and, beyond that, to 'let the chips fall where they may.' Photo by Sean Kilpatrick / The Canadian Press When I was asked to address members of the immigration division of the Canadian Bar Association, I expected an audience of maybe 25 to 50 lawyers. This advertisement has not loaded yet, but your article continues below. THIS CONTENT IS RESERVED FOR SUBSCRIBERS ONLY Subscribe now to read the latest news in your city and across Canada. Exclusive articles by top sports columnists Patrick Johnston, Ben Kuzma, J.J. Abrams and others. Plus, Canucks Report, Sports and Headline News newsletters and events. Unlimited online access to The Province and 15 news sites with one account. The Province ePaper, an electronic replica of the print edition to view on any device, share and comment on. Daily puzzles and comics, including the New York Times Crossword. Support local journalism. SUBSCRIBE TO UNLOCK MORE ARTICLES Subscribe now to read the latest news in your city and across Canada. Exclusive articles by top sports columnists Patrick Johnston, Ben Kuzma, J.J. Abrams and others. Plus, Canucks Report, Sports and Headline News newsletters and events. Unlimited online access to The Province and 15 news sites with one account. The Province ePaper, an electronic replica of the print edition to view on any device, share and comment on. Daily puzzles and comics, including the New York Times Crossword. Support local journalism. REGISTER / SIGN IN TO UNLOCK MORE ARTICLES Create an account or sign in to continue with your reading experience. Access articles from across Canada with one account. Share your thoughts and join the conversation in the comments. Enjoy additional articles per month. Get email updates from your favourite authors. THIS ARTICLE IS FREE TO READ REGISTER TO UNLOCK. Create an account or sign in to continue with your reading experience. Access articles from across Canada with one account Share your thoughts and join the conversation in the comments Enjoy additional articles per month Get email updates from your favourite authors But last Saturday, 400 immigration lawyers showed up at the Victoria Convention Centre to hear what three Canadian journalists and a think-tank member had to say about the media's impact on migration. The panel was asked to address immigration lawyers' fears that heightened media coverage is 'sparking intense public debate' and influencing 'how immigrants are perceived and how decisions are made.' In addition to offering our thoughts, panel members learned there are actually more than 1,200 immigration lawyers in the Canadian Bar Association, with their numbers mushrooming in the past 15 years. I noted there are another 13,000 licensed immigration consultants in Canada, a doubling in just seven years. The lawyers in Victoria let us know, justifiably, that the 'consultants' are not as highly trained as lawyers, or as regulated. This advertisement has not loaded yet, but your article continues below. On top of these private players employed in the migration sector, Immigration, Refugees and Citizenship Canada has doubled its staff in a decade to more than 13,000 employees. Altogether, these professionals and workers add up to an army of more than 27,000 immigration specialists (about the same as the number of soldiers and staff employed by Canada's Department of Defence). All make their living helping migrants navigate the complexities of becoming a foreign student, temporary worker, reunified family member, investor immigrant or permanent resident of Canada. In addition, the C.D. Howe Institute maintains another huge cohort that does somewhat the same thing. Unlicensed agents — from the fields of travel, education and labour — also take fees for advising clients on how to get into Canada and stay there. Stay on top of the latest real estate news and home design trends. By signing up you consent to receive the above newsletter from Postmedia Network Inc. Please try again This advertisement has not loaded yet, but your article continues below. The institute's Tingting Zhang and Parisa Mahboubi, therefore, maintain there should be many more licensed consultants — and that the government should offer better aid to the roughly six million people whose applications are each year processed for entry into Canada. In other words, the 400 lawyers who gathered last week at the Victoria Conference Centre represented just a fragment of the immigration business in Canada. No wonder it's called one of the country's biggest industries. Understandably, the gathered immigration lawyers, the slight majority of whom were women, wanted to do everything they could to help the clients in Canada and around the world who come to them. Their questions and comments all revolved around the hope that borders be more open and the often-labyrinthine migration process easier. This advertisement has not loaded yet, but your article continues below. They also worried about declining support for immigration. A Leger poll this spring found 58 per cent of Canadians believe migration rates are 'too high' . Even half of those who have been in the country less than a decade feel that way. Given the lawyers' desire to assist their clients, many were wary that in the past two years more journalists have been digging into migration policy and its impact. That's in large part because former Prime Minister Justin Trudeau doubled immigration levels and increased the number of guest workers and foreign students by five times. Almost three million non-permanent residents now comprise 7.3 per cent of the population, up from 1.4 per cent in 2015. The lawyers noted that, after decades in which journalists essentially avoided migration issues, many more articles were being written about such topics as the sudden jump in asylum seekers, tens of thousands of international students not attending school, businesses exploiting temporary workers and population pressures on housing and rents. This advertisement has not loaded yet, but your article continues below. Chart shows how rents have increased in Canada, along with rising rates of permanent and temporary (yellow) migration. Photo by Bank of Montreal / Bank of Montreal Two panelists, Toronto Star immigration reporter Nicholas Keung and Steve D'Souza of CBC's Fifth Estate, emphasized the value of talking to migrants to develop poignant 'human interest' stories. They have also investigated how bosses, fly-by-night colleges and some migrants have taken part in scams. In response to CBA's concerns that Canada's media were producing 'stories that have become a lightning rod for public sentiment, shaping how immigrants are perceived and how decisions are made,' the journalists on the panel explained it's our duty to cover migration stories, and all stories, in a way that is 'fair, balanced and accurate.' Although panelist Daniel Bernhard, of the Institute for Canadian Citizenship, correctly said that some journalism about migration is superficial, I suggested it's generally a good thing Canada's long-standing national taboo against reporting on and debating migration policy has eased. This advertisement has not loaded yet, but your article continues below. Although some politicians, migration lawyers, consultants and other agents may not always like it, I also said journalists' goal is to responsibly probe to the truth of a matter and, beyond that, to 'let the chips fall where they may.' Since my Vancouver Sun editors about a dozen years ago asked me to produce more analyses about migration, I have learned covering the beat essentially amounts to writing about the 'winners and losers' of migration policy, which in Canada is put together behind closed doors. Some examples. Applied ethicists point to how it's one thing for Canadians to worry about a 'brain drain' — about losing talented citizens to places like the U.S. and Singapore. The more worrisome flip side, for countries in Africa and East Asia, is that Canada is actively draining away their brainy people, be they physicians or entrepreneurs. This advertisement has not loaded yet, but your article continues below. Then there are the 2.8 million temporary workers in Canada, many of them international students paying exorbitant school fees. Some have been winners, getting solid educations and decent jobs in their homelands or permanent residency in Canada. Others have been exploited for their willingness to work for low wages — which has, in turn, been a losing proposition for other low-skill workers in Canada. The job of tracking migration policies' winners and losers is endless, including covering the squeeze that rapid population growth and the trans-national migration of foreign capital is putting on those trying to pay Canadian housing costs and rents. Suffice it to say, journalists' job is to shine as much light as possible on this vast system, which impacts millions. The ultimate goal is to encourage the creation of policies that best serve the most people, which is one way to advance the common good. dtodd@ Read More Vancouver Canucks Sports Soccer Sports News
Vancouver Sun
13-06-2025
- Politics
- Vancouver Sun
Canada's giant immigration industry will have to get used to 'intense' public debate
When I was asked to address members of the immigration division of the Canadian Bar Association, I expected an audience of maybe 25 to 50 lawyers. But last Saturday, 400 immigration lawyers showed up at the Victoria Convention Centre to hear what three Canadian journalists and a think-tank member had to say about the media's impact on migration. The panel was asked to address immigration lawyers' fears that heightened media coverage is 'sparking intense public debate' and influencing 'how immigrants are perceived and how decisions are made.' In addition to offering our thoughts, panel members learned there are actually more than 1,200 immigration lawyers in the Canadian Bar Association, with their numbers mushrooming in the past 15 years. Stay on top of the latest real estate news and home design trends. By signing up you consent to receive the above newsletter from Postmedia Network Inc. A welcome email is on its way. If you don't see it, please check your junk folder. The next issue of Westcoast Homes will soon be in your inbox. Please try again Interested in more newsletters? Browse here. I noted there are another 13,000 licensed immigration consultants in Canada, a doubling in just seven years. The lawyers in Victoria let us know, justifiably, that the 'consultants' are not as highly trained as lawyers, or as regulated. On top of these private players employed in the migration sector, Immigration, Refugees and Citizenship Canada has doubled its staff in a decade to more than 13,000 employees . Altogether, these professionals and workers add up to an army of more than 27,000 immigration specialists (about the same as the number of soldiers and staff employed by Canada's Department of Defence). All make their living helping migrants navigate the complexities of becoming a foreign student, temporary worker, reunified family member, investor immigrant or permanent resident of Canada. In addition, the C.D. Howe Institute maintains another huge cohort that does somewhat the same thing. Unlicensed agents — from the fields of travel, education and labour — also take fees for advising clients on how to get into Canada and stay there. The institute's Tingting Zhang and Parisa Mahboubi, therefore, maintain there should be many more licensed consultants — and that the government should offer better aid to the roughly six million people whose applications are each year processed for entry into Canada. In other words, the 400 lawyers who gathered last week at the Victoria Conference Centre represented just a fragment of the immigration business in Canada. No wonder it's called one of the country's biggest industries. Understandably, the gathered immigration lawyers, the slight majority of whom were women, wanted to do everything they could to help the clients in Canada and around the world who come to them. Their questions and comments all revolved around the hope that borders be more open and the often-labyrinthine migration process easier. They also worried about declining support for immigration. A Leger poll this spring found 58 per cent of Canadians believe migration rates are 'too high' . Even half of those who have been in the country less than a decade feel that way. Given the lawyers' desire to assist their clients, many were wary that in the past two years more journalists have been digging into migration policy and its impact. That's in large part because former Prime Minister Justin Trudeau doubled immigration levels and increased the number of guest workers and foreign students by five times . Almost three million non-permanent residents now comprise 7.3 per cent of the population, up from 1.4 per cent in 2015. The lawyers noted that, after decades in which journalists essentially avoided migration issues, many more articles were being written about such topics as the sudden jump in asylum seekers, tens of thousands of international students not attending school, businesses exploiting temporary workers and population pressures on housing and rents. Two panelists, Toronto Star immigration reporter Nicholas Keung and Steve D'Souza of CBC's Fifth Estate, emphasized the value of talking to migrants to develop poignant 'human interest' stories. They have also investigated how bosses, fly-by-night colleges and some migrants have taken part in scams. In response to CBA's concerns that Canada's media were producing 'stories that have become a lightning rod for public sentiment, shaping how immigrants are perceived and how decisions are made,' the journalists on the panel explained it's our duty to cover migration stories, and all stories, in a way that is 'fair, balanced and accurate.' Although panelist Daniel Bernhard, of the Institute for Canadian Citizenship, correctly said that some journalism about migration is superficial, I suggested it's generally a good thing Canada's long-standing national taboo against reporting on and debating migration policy has eased. Although some politicians, migration lawyers, consultants and other agents may not always like it, I also said journalists' goal is to responsibly probe to the truth of a matter and, beyond that, to 'let the chips fall where they may.' Since my Vancouver Sun editors about a dozen years ago asked me to produce more analyses about migration, I have learned covering the beat essentially amounts to writing about the 'winners and losers' of migration policy, which in Canada is put together behind closed doors. Some examples. Applied ethicists point to how it's one thing for Canadians to worry about a 'brain drain' — about losing talented citizens to places like the U.S. and Singapore. The more worrisome flip side, for countries in Africa and East Asia, is that Canada is actively draining away their brainy people, be they physicians or entrepreneurs. Then there are the 2.8 million temporary workers in Canada, many of them international students paying exorbitant school fees. Some have been winners, getting solid educations and decent jobs in their homelands or permanent residency in Canada. Others have been exploited for their willingness to work for low wages — which has, in turn, been a losing proposition for other low-skill workers in Canada. The job of tracking migration policies' winners and losers is endless, including covering the squeeze that rapid population growth and the trans-national migration of foreign capital is putting on those trying to pay Canadian housing costs and rents . Suffice it to say, journalists' job is to shine as much light as possible on this vast system, which impacts millions. The ultimate goal is to encourage the creation of policies that best serve the most people, which is one way to advance the common good. dtodd@
Calgary Herald
19-05-2025
- Automotive
- Calgary Herald
Alberta lawyers express concerns with auto insurance overhaul set to come into affect
Article content Alberta's legislation to overhaul the auto insurance system is set to come into affect pending royal assent and lawyers are expressing their disappointment with the bill for limiting litigation. Article content Article content In late March the province introduced legislation which aims to make Alberta the first province in Canada to adopt a privately delivered 'care-first' auto insurance system. Under the new model, Albertans would have limited ability to pursue legal action, except in select cases, which has been a major concern for many lawyers. Article content Article content The Canadian Bar Association (CBA) Alberta branch said in a press release on Wednesday that it is 'disappointed' that the province had passed the bill without considering public opinion or legal input. Article content Article content 'This is a fundamental change to how care and compensation are delivered,' CBA Alberta president Robert Bassett said. Article content 'Albertans told us they value fairness, accountability and the ability to seek justice. These concerns should have been central in shaping this legislation.' Article content In a statement to Postmedia, the office of the minister of finance said at-fault drivers would be penalized with higher premiums and accident victims will have access to the 'best medical benefits of any insurance system in Canada while paying lower premiums when the system is fully implemented in 2027.' Article content Mark McCourt, an auto accident injury lawyer, has been vocal about his concerns about the auto insurance changes, specifically when it comes to the limited litigation. He said he is also disappointed the bill passed without amendments. Article content Article content 'While I recognize that this bill is open for improvement, regulations can be passed to afford some semblance of fairness for injured Albertans. The reality is a government that's willing to pass a bill as unpopular, unfair and unnecessary as this one is highly unlikely,' McCourt said. Article content Article content He said Albertans will see large increases to their premiums over the next two years and will have their rights to bring injury claims against at-fault motorists disappear. Article content Under the bill, in some cases Albertans who were injured in collisions would be able to sue at-fault drivers for pain and suffering damages if the driver was convicted of an offence under the Criminal Code or Traffic Safety Act.
Hamilton Spectator
12-05-2025
- Health
- Hamilton Spectator
Eby warns against jumping to conclusions about Lapu Lapu suspect's care before attack
VICTORIA - British Columbia Premier David Eby says there's a disconnect between what health authorities say about the prior condition of the suspect in the Lapu Lapu festival attack and the reality of what happened. But Eby also says people shouldn't jump to the conclusion that those involved in Adam Kai-Ji Lo's care did anything wrong, adding the province is committed to a full public inquiry to answer those questions. Lo, 30, is facing multiple second-degree murder charges after 11 people were killed when an SUV plowed through the Filipino street festival in Vancouver on April 26. Lo received mental health care from a Vancouver Coastal Health team and Eby says the authority described Lo as compliant with his medication and having no history of violence. Eby has previously been vocal with his opinions about the case, calling Lo 'a murderer' who 'should spend the rest of his God damned life in jail.' His comments were criticized last week by the B.C. branch of the Canadian Bar Association, which said it was deeply concerning that Eby would express such opinions before a fair trial could take place. This report by The Canadian Press was first published May 12, 2025.
