ARCTIC OBITER

8 | ARCTIC OBITER
CBA NATIONAL NEWS
CBA critiques Bill C-10 at Parliamentary committee
The CBA has serious concerns about the
general direction of Bill C-10, Safe
Streets and Communities Act, suggesting
it is contrary to what is known to lead
to a safer society, and would move
Canada along a road that has failed in
other countries, at great expense.
“The CBA offers its critique of Bill C-10
on the basis of a solid foundation of
evidence and experience,” said Eric
Gottardi, Vice-Chair of the CBA’s
National Criminal Justice Section.
“Criminal law should be based on the
most effective policies and best use of
public resources.”
In its approximately 100-page
submission, the CBA says the
legislation adopts a punitive approach
to criminal behaviour, rather than a
focus on how to prevent that behaviour
in the first place, or rehabilitate those
(Photo: CBA National)
who offend. “As most offenders will
one day return to their communities,
prevention and rehabilitation are most
likely to contribute to public safety,”
the brief notes.
The CBA’s National Immigration Law
Section has raised concerns with
proposals in Bill C-10 aimed at
protecting vulnerable immigrants.
“While providing assistance to
trafficked and other vulnerable people
is laudable, these proposals would
introduce a scheme that is vague,
confused and potentially harmful to the
very people it seeks to protect,” says the
CBA brief.
Eric Gottardi of Vancouver and Prof.
Michael Jackson of the Faculty of Law
at the University of British Columbia
and member of the CBA’s Committee
on Imprisonment and Release
presented the CBA brief to the House of
Commons Standing Committee on
Justice and Human Rights on October
18.
Video now online: Whose privilege is it?
A video of the session entitled
"Whose Privilege is it?" first
presented live at the CBA’s
Canadian Legal Conference in
August, is now available for viewing
on the CBA website. The video
features a rapid-fire debate between
Professor Adam Dodek of Ottawa
(University of Ottawa, Faculty of Law)
and Mahmud Jamal of Toronto (Osler
LLP).
This lively and entertaining
session is an initiative of the CBA Ethics
and Professional Responsibility
Committee, and was moderated by its
chair, Paul Paton.
STIRRING OPINION: M. Jamal [left] and A. Dodek [right] take sides at the
Canadian Legal Conference. (Photos: CBA National)
The debate explores whether privilege
should be extended to the clients of non
-lawyer professionals, including
paralegals; whether corporations and
governments should benefit from
solicitor-client privilege, or whether it
should be limited to individuals; and
whether the exceptions to the
lawyer’s duty of confidentiality
should be expanded to include
reasonable belief of financial harm.
Time spent watching this program
may be applied towards the annual
CPD requirement in Northwest
Territories. Full details on accreditation
are available online on the CBA website
at:
http://www.cba.org/cba/activities/code/
debate.aspx