Canadian Bar Association: Keep Mandatory Long-Form Census

The Canadian Bar Association has called upon federal Industry Minister Tony Clement to drop plans to scrap Canada's mandatory long-form census.

CTV reports:

OTTAWA — The group representing Canada's lawyers says changes to the census will make it tougher for people who suffer serious personal injuries to get proper compensation.

In a letter to Industry Minister Tony Clement, the Canadian Bar Association calls for the return of the mandatory long-form census, saying lawyers and judges use the information to help determine how much injured clients should claim in court.

The association says the ditching of the mandatory form will especially hurt women, children, the disabled and others without a regular work history.

- Garry J. Wise, Toronto

Update:

Strangely, the CTV link above has been edited, and no longer references the CBA position. The actual CBA press release is here.

GJW

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Canadian Bar Association: Repatriate Khadr

The Canadian Bar Association once again has called for the repatriation of Omar Khadr.  

An April 24, 2009 letter from C.B.A. Presient J. Guy Joubert to Canadian Prime Minister Stephen Harper and U.S. President Barack Obama references last week's Federal Court ruling in Omar Ahmed Khadr v. The Prime Minister of Canada et al., and calls upon both leaders to facilitate Mr. Khadr's prompt transfer from Guantanamo Bay to Canadian custody:

The CBA is a national association representing 38,000 jurists across Canada. We work to promote the Rule of Law and improve the administration of justice in Canada and around the world. It is in this light that we have protested Mr. Khadr’s subjection to the military tribunal process in Guantánamo Bay and called for his repatriation. We take no position on Mr. Khadr’s guilt or innocence. Our concern is that he receive a fair trial in accordance with all procedural protections and special considerations to be afforded a minor, as required by domestic and international law. Canada’s justice system is well equipped to fairly and openly assess Mr. Khadr’s criminal culpability, in a manner that reflects his status as a minor at the relevant time.

...Yesterday, Canada’s Federal Court ruled the ongoing refusal of the Government of Canada to request Mr. Khadr’s repatriation to Canada “offends a principle of fundamental justice and violates Mr. Khadr’s rights under s. 7 of the Charter”. It ordered the government to seek Khadr’s repatriation as soon as practicable.1

...Prime Minister, the time has come for the Canadian government to advise the U.S. that it is willing to negotiate the terms of Mr. Khadr’s repatriation to Canada to face Canadian justice. In turn, Mr. President, we urge the U.S. government to negotiate the terms of Mr. Khadr’s repatriation with the Canadian government and to transfer available evidence respecting his conduct to the Canadian government. We urge you to come to an agreement that recognizes international human rights obligations, due process and the Rule of Law, and the desirability of ensuring the national security of both countries.

(h/t:  Ken Chapman)

- Garry J. Wise, Toronto

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B.C. Court of Appeal: No Fundamental Right to Civil Legal Aid

The British Columbian Court of Appeal expressly ruled yesterday that Canadians have no fundmental right to government-funded legal aid assistance in civil matters.

Madame Justice Mary Saunders delivered the Court's Reasons for Judgment: which upheld the September 2006 dismissal of a B.C. court action by the Canadian Bar Association "to force governments to provide adequate civil legal aid to poor people,"

Access to legal services is fundamentally important in any free and democratic society. In some cases, it has been found essential to due process and a fair trial. But a review of the constitutional text, the jurisprudence and the history of the concept does not support the respondent's contention that there is a broad general right to legal counsel as an aspect of, or precondition to, the rule of law.

Costs were also awarded against the C.B.A.

- Garry J. Wise, Toronto

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Canadian Lawyers' March for Pakistani Lawyers and Judges

From a report by Michel-Adrien Sheppard on last Sunday's march in Ottawa by Canadian lawyers in support of the lawyers and judges of Pakistan:

This morning in Ottawa, some 150 lawyers marched to the steps of the Supreme Court of Canada building to support the lawyers and judges of Pakistan and to demand the restoration of the rule of law in that country.

In early November, Pakistani president General Pervez Musharraf suspended his country's constitution and purged its Supreme Court. Thousands of Pakistani lawyers and others marched in protest against the imposition of a state of emergency and the attack against fundamental democratic principles. Hundreds were beaten by riot police and jailed.

The Ottawa march, organized by the Canadian Bar Association (CBA) and the County of Carleton Law Association, was led by CBA president Bernard Amyot.

(Photo via the Canadian Bar Association)

- Garry J. Wise, Toronto

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