The Power of Perspectives

The Canadian Bar Association

Kim Covert

CBA Influence

Building a foundation for data-collection under MAID

By Kim Covert June 27, 2017 27 June 2017


Too onerous, too cumbersome, and possibly not quite respectful enough of privacy, are some of the responses from the CBA’s End of Life Working Group to a Health Canada consultation on a monitoring regime for those seeking a doctor’s assistance to end their lives.

The Medical Assistance in Dying Act passed in June 2016 acknowledges the importance of a comprehensive monitoring system to collect and analyze data about the demand for medical assistance in dying, and to monitor trends.

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CBA Influence

Mercosur trade talks: An opportunity for Canada to review its model free-trade agreement

By Kim Covert June 26, 2017 26 June 2017


A cigar may sometimes be just a cigar, as they say, but a trade deal is rarely a simple matter of exchanges of goods or services for money.

Several CBA groups have weighed in on the positions the federal government should take if it decides to formally reopen trade talks with the MERCOSUR bloc, including International Law, Immigration Law, Competition Law, the CCCA and the Anti-Corruption Team. Mercosur, also known as the Southern Cone Common Market, is a customs union established by Argentina, Brazil, Paraguay and Uruguay.

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CBA Influence

Parts of small business tax amendments fall ‘outside the realm of mischief’

By Kim Covert June 26, 2017 26 June 2017


A proposal in the 2016 federal budget to change section 125 of the Income Tax Act dealing with the Small Business Deduction risks creating unintended consequences for businesses across the country, says the Joint Committee on Taxation of the CBA and Chartered Professional Accountants of Canada.

The Joint Committee sent a submission outlining its concerns with the proposed amendments to Finance Canada last summer. It prepared a second submission for the Canada Revenue Agency in February and then met with members of the CRA, who agreed that the statutory language supports the committee’s interpretation. The CRA said that the matter would have to go back to Finance Canada. So in June, the Joint Committee sent its February submission to the Tax Policy Branch of Finance Canada.

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CBA Influence

A few challenges in the reinstated Court Challenges Program

By Kim Covert June 23, 2017 23 June 2017

 

The Canadian Bar Association is happy to see the Court Challenges Program reinstated. The program has played an important role in developing groundbreaking jurisprudence on equality and language rights in Canada.

That said, the reinstated and modernized program as proposed – particularly the decision to extend the scope of the Program and the continued exclusion of Aboriginal and treaty rights – has triggered some concerns.

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CBA influence

‘Use’ requirement for trademark registration doesn’t need fixing

By Kim Covert June 22, 2017 22 June 2017

 

Amendments  to the Trade-Marks Act made in 2014, despite not being fully implemented yet, have already encouraged squatting and over-claiming, and have resulted in a 75 per cent increase in the number of Canadian applications waiting to be registered, from 40,000 in 2014 to nearly 70,000, the CBA National IP Section says in a letter to Innovation, Science and Economic Development Canada.

“We believe many of these pending applications would be registered, but for the current requirement to file a declaration of use,” the Section says.

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