Posts Tagged ‘rabble.ca’

Court rejects Conservative Party MPs’ attempt to block non-profit Council of Canadians from supporting public interest litigation

June 27th, 2013 by Paula Boutis

Amidst all the excitement around the Federal Court’s May 23, 2013 decision (pdf) in which the court held that “electoral fraud occurred during the 41st General Election,” the court was also asked to dismiss the applications outright on the basis of how the applicants were funding their legal bills.

This was one of many tactics employed by the respondent Members of Parliament (MPs) to derail the litigation and prevent it from ever being heard.

This issue around how the litigation was funded is of general importance in the context of public interest litigation. In public interest cases, the litigants, whether non-profits or individuals, have limited financial means to pursue the litigation. Funding public interest litigation only gets harder and harder, so it was refreshing to see a complete vindication of the funding of this case by the Council of Canadians.

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Understanding foreign worker issues: Intra-company transfers vs. temporary foreign worker programs

May 31st, 2013 by Laura Bowman

A large number of migrant worker issues have been discussed in the media lately.  However, there are different migrant worker programs in Canada, and these give rise to different legal and policy issues. Unfortunately, the press has referred to all programs as the “temporary foreign worker” program and has failed to explain the different categories and processes involved. Calling these programs a “temporary foreign worker program” is vague; it is like saying there is an “environmental program” rather than a collection of laws that govern the use and treatment of the natural environment in its various forms.

The entry of temporary foreign workers is guided by Immigration and Refugee Protection Act regulations and the general provisions of the Temporary Foreign Workers Guidelines, and is supplemented by provisions contained in international trade agreements for citizens of signatory countries.

Many of the recent controversial transfers rely on the “intra-company transfer” program. The intra‑company transfer program originated under NAFTA and it has become even more explicit recently. This program is very popular with employers who exist as a “multi‑national” corporate entity.

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Why Canada needs more community power

April 25th, 2013 by Brian Iler

Given the scientific consensus that wind turbines are not dangerous to human health, as opponents have claimed, it is time to shift focus to a real issue: fixing wind energy policy to increase community power in Canada.

After extensive research and investigation, in Canada and globally, the consensus in the scientific community is that there is no direct causal link between wind turbines and adverse health effects. Scientists agree that the noise emitted by wind turbines ‑- the chief source of alleged health effects -‑ is basically indistinguishable from normal background sounds we experience in everyday life, whether we live in an urban or rural area.

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Freedom of expression for federal librarians and archivists under attack

April 1st, 2013 by Priya Sarin

Although federal public servants have always had a limited right to freedom of expression (as compared to private sector employees), certain government employees have recently been subjected to increasingly strict policies, or codes of conduct, which govern their behaviour both in and out of the workplace. Two recent policies effectively restrict access to the media and participation in forums for intellectual debate — such as conferences or teaching engagements. Contrary to what you might expect, these policies do not target employees in the justice, immigration or national defence departments, but rather scientists, librarians and archivists associated with the Department of Fisheries and Oceans and the Department of Canadian Heritage. There are two reasons why Canadians should be concerned: 1) this continues a trend of the Harper government to restrict the public’s timely access to valuable information from our experts on issues of national importance (which in turn negatively impacts the quality of our public discourse and ability to make informed decisions); and 2) some of these policies are unnecessarily restrictive and arguably in breach of section 2(b) of the Charter of Rights and Freedoms ‑- the right to freedom of expression.

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Upholding the rights of marginalized groups through public interest litigation

February 28th, 2013 by Shelina Ali

Canada’s human rights record has come under fire over the past several months. In December of 2012, Amnesty International released a highly critical report of the state of human rights in Canada. The report details abuses against vulnerable groups in Canada including indigenous peoples, women, migrant workers and refugees.

Amnesty International notes in its report that “support for strong advocacy and diverse, including dissenting, views in debates and discussion of important public policy issues is being dramatically undermined and rapidly dismantled [in Canada].”

This month, Human Rights Watch published a report detailing police abuses against indigenous women and girls in Northern British Columbia. The report found that Canada was not meeting its obligations under international law to address violence against indigenous women and girls.

With the Canadian government under fire for failing in protecting and promoting fundamental human rights in Canada, are there legal avenues that may be available to uphold the rights of marginalized persons, rights enshrined in the Canadian Charter of Rights and Freedoms?

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How conflict of interest rules affect the public interest

December 20th, 2012 by Laura Bowman

Since the Redford, Katz, Ford and other scandals of late, there has been much discussion about conflict of interest rules, what is and isn’t a conflict of interest, and whether there can be degrees of conflicts of interest. What should the legislative penalties be where a conflict is found?

Conflict of interest can be a difficult subject. Various provincial and federal statutes govern conflicts of interest. Roughly speaking, a conflict of interest for a public office holder is usually defined as the exercise of an official power, duty or function that provides an opportunity to further private interests.

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