First novel, The Petting Zoos, May 2022 from Dundurn Press. Representation Sam Haywood and Laura Cameron Transatlantic Agency.
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Articles by Kim Covert
National | New rules for the SCC
CBA Influence Policy Supreme Court of Canada streamlines the process to seek leave to appeal. BY Kim Covert 29 Jan 2021 Amendments to the Supreme Court of Canada Rules came into effect on January 27, 2021, aimed at simplifying the process to apply for leave to appeal and facilitating electronic filing. “With these amendments, an application for leave to appeal will consist of the notice of application, lower court decisions and memorandum of argument only,” the court says.
National | Resuming removals contravenes public health policy
CBA Influence Policy CBSA’s decision to continue the practice lacks transparency and justification. BY Kim Covert 25 Jan 2021 It’s just as unsafe to send people back to their home countries now as it was in March, 2020 when the federal government put a temporary hold on removals, says the CBA’s Immigration Law Section, which is concerned that they have started up again.
National | Lessons in procedural justice
CBA Influence Policy Immigration Section strongly opposes draft amendments on criminal admissibility. BY Kim Covert 22 Jan 2021 Draft regulatory amendments from the Canada Border Services Agency relating to transborder criminal inadmissibility have the potential to undermine legal and procedural safeguards, the CBA’s Immigration Law Section says in a letter responding the proposed amendments.
National | The language of bankruptcy
CBA Influence Policy Bankruptcy and insolvency proceedings should be available in both official languages. BY Kim Covert 11 Jan 2021 Litigants in criminal matters and parties to divorce both have a right to hearings in either of Canada’s official languages. It’s only fair that people should have the right to declare bankruptcy – or faillite – in the language of their choice as well, says the CBA’s French-Speaking Common Law Members Section.
National | Free movement of business people
CBA Influence Policy Business travellers entering U.S. under increased scrutiny with CUSMA. BY Kim Covert 6 Jan 2021 Truck drivers can keep on trucking across the Canada-U.S. border as a general rule, without issue. But other business travellers, like IT professionals in jobs that didn’t exist when the North America Free Trade Agreement was signed, might have a problem.
National | A step back
CBA Influence Submissions Draft directive fails to provide adequate protection for trans prisoners. BY Kim Covert 5 Jan 2021 Society’s understanding of gender identity and expression has evolved since Correctional Service Canada changed its trans policy three years ago, but a draft Commissioners’ Directive on the matter appears to be taking a step back from that earlier policy.
National | Q&A with the Chair of the CBA Class Action Task Force
CBA Influence Policy Three years after the CBA’s Class Action Task Force completed its protocol on multi-jurisdictional case management, the task force has been reconvened, with Sylvie Rodrigue of Torys at the helm. BY Kim Covert 25 Nov 2020 Sylvie Rodrigue, Torys LLP Q: Why is the CBA Class-Action Task Force being reconvened now? Is it in response to something particular?
National | Q&A with the Chair of the CBA Class Action Task Force
CBA Influence Policy Three years after the CBA’s Class Action Task Force completed its protocol on multi-jurisdictional case management, the task force has been reconvened, with Sylvie Rodrigue of Torys at the helm. BY Kim Covert 25 Nov 2020 Sylvie Rodrigue, Torys LLP Q: Why is the CBA Class-Action Task Force being reconvened now? Is it in response to something particular?
National | COVID-19's impact on children
CBA Influence Policy Their legal rights are suffering under pandemic restrictions. BY Kim Covert 27 Oct 2020 Discussion of the impact COVID-19 has had on children usually centres around online learning, or how to safely fill their need for both physical and social activity.
National | COVID-19's impact on children
CBA Influence Policy Their legal rights are suffering under pandemic restrictions. BY Kim Covert 27 Oct 2020 Discussion of the impact COVID-19 has had on children usually centres around online learning, or how to safely fill their need for both physical and social activity.
National | Collaboration or collusion?
Competitors compete – it’s the nature of business. So when they decide to collaborate, onlookers can be justified in suspecting collusion. But sometimes competitors collaborate for legitimate business reasons. And the Competition Bureau’s Competitor Collaboration Guidelines exist to draw a bright line between criminal and non-criminal conduct under the Competition Act.
National | CBA National - Canadian Legal Affairs
CBA Influence Submissions CBA supports a regime for financial hardship. BY Kim Covert 20 Oct 2020 iStock Pension plans exist to ensure that people have a pool of savings available in their retirement – and some retirement funds are “locked-in” until that time. Making these funds accessible to people before they retire would undermine the policy objective.
National | CBA National - Canadian Legal Affairs
CBA Influence Submissions CBA supports a regime for financial hardship. BY Kim Covert 20 Oct 2020 iStock Pension plans exist to ensure that people have a pool of savings available in their retirement – and some retirement funds are “locked-in” until that time. Making these funds accessible to people before they retire would undermine the policy objective.
National | CBA National - Canadian Legal Affairs
CBA Influence Insight Does B.C.’s CRT provide a model – or a lesson? BY Kim Covert 9 Oct 2020 iStock At its September meeting, the CBA’s COVID-19 task force received an object lesson in the limitations of technology, as about 20 highly educated, newly minted Zoom experts from across the country tried in vain to connect to audio for the meeting.
National | CBA National - Canadian Legal Affairs
CBA Influence Insight Does B.C.’s CRT provide a model – or a lesson? BY Kim Covert 9 Oct 2020 iStock At its September meeting, the CBA’s COVID-19 task force received an object lesson in the limitations of technology, as about 20 highly educated, newly minted Zoom experts from across the country tried in vain to connect to audio for the meeting.
National | CBA National - Canadian Legal Affairs
CBA Influence Insight Law society oversight of lawyers’ private conduct is justified. BY Kim Covert 29 Sep 2020 Proposed amendments to the Federation of Law Societies of Canada’s Model Code of Conduct raise an intriguing and controversial question: Do law societies have an oversight role to play in the private lives of licensed practitioners?
National | CBA National - Canadian Legal Affairs
CBA Influence Insight Law society oversight of lawyers’ private conduct is justified. BY Kim Covert 29 Sep 2020 Proposed amendments to the Federation of Law Societies of Canada’s Model Code of Conduct raise an intriguing and controversial question: Do law societies have an oversight role to play in the private lives of licensed practitioners?
National | CBA National - Canadian Legal Affairs
CBA Influence Insight CBA calls for more diversity in Canada's federal courts. BY Kim Covert 28 Sep 2020 The federal government has promised more transparency in judicial appointments and has declared its commitment to diversity in leadership. While it has made some good progress on transparency, there has been little appreciable difference in the diversity of those sitting on federal benches.
National | CBA National - Canadian Legal Affairs
CBA Influence Insight CBA calls for more diversity in Canada's federal courts. BY Kim Covert 28 Sep 2020 The federal government has promised more transparency in judicial appointments and has declared its commitment to diversity in leadership. While it has made some good progress on transparency, there has been little appreciable difference in the diversity of those sitting on federal benches.
National | CBA National - Canadian Legal Affairs
CBA Influence Insight Municipal governments should be considered a partner, not a stakeholder, in the selection and retention of newcomers. BY Kim Covert 9 Sep 2020 The municipal level of government is the level with the closest connection to the people it serves. That close connection is one reason why it makes sense for municipalities to have a greater stake in the immigration process, able to do their own outreach and with proper funding for programs to serve this constituency.
Some payments should not be subject to a withholding tax
CBA Influence Insight A comfort letter is needed to clarify tax situation in that wake of Pangaea ruling.
National | CBA National - Canadian Legal Affairs
CBA Influence Submissions CBA Advocacy scored a win on the subject of medical assistance in dying with the help of the Quebec Superior Court. BY Kim Covert 25 Aug 2020 In September 2019, the court ruled in Truchon that the criteria of “reasonably foreseeable death” contained in the federal MAID legislation, as well as “end of life” in the Quebec legislation, was unconstitutional.
National | CBA National - Canadian Legal Affairs
CBA Influence Submissions CBA Advocacy scored a win on the subject of medical assistance in dying with the help of the Quebec Superior Court. BY Kim Covert 25 Aug 2020 In September 2019, the court ruled in Truchon that the criteria of “reasonably foreseeable death” contained in the federal MAID legislation, as well as “end of life” in the Quebec legislation, was unconstitutional.
National | CBA National - Canadian Legal Affairs
CBA Influence Insight We'll need to mitigate the unintended consequences of modernizing the courts. BY Kim Covert 4 Aug 2020 Triage. Framework. Technology. Those three words came up repeatedly in University of Ottawa law professor Karin Eltis’s presentation in July to the CBA’s COVID-19 task force. According to Eltis, the proper deployment of all three will be vital to the renaissance of the justice system, which was challenged by the measures put in place to deal with the pandemic.
National | CBA National - Canadian Legal Affairs
CBA Influence Insight We'll need to mitigate the unintended consequences of modernizing the courts. BY Kim Covert 4 Aug 2020 Triage. Framework. Technology. Those three words came up repeatedly in University of Ottawa law professor Karin Eltis’s presentation in July to the CBA’s COVID-19 task force. According to Eltis, the proper deployment of all three will be vital to the renaissance of the justice system, which was challenged by the measures put in place to deal with the pandemic.
National | CBA National - Canadian Legal Affairs
CBA Influence Submissions Things to consider during COVID-19 review of Investment Canada Act. BY Kim Covert 15 Jul 2020 The CBA’s Competition Law Section is weighing in on Parliament’s review of the Investment Canada Act. It appeared before the House of Commons Committee on Industry, Science and Technology on June 18 to present its conclusions.
National | CBA National - Canadian Legal Affairs
CBA Influence Submissions Proposed removal cost framework for foreign nationals unreasonable. BY Kim Covert 8 Jul 2020 The Canadian Border Services Agency is proposing changes to the framework it applies to recover costs from the foreign nationals removed from Canada that would create an “unreasonable burden” for many of those it would touch.
National | CBA National - Canadian Legal Affairs
CBA Influence Submissions Proposed removal cost framework for foreign nationals unreasonable. BY Kim Covert 8 Jul 2020 The Canadian Border Services Agency is proposing changes to the framework it applies to recover costs from the foreign nationals removed from Canada that would create an “unreasonable burden” for many of those it would touch.
National | CBA National - Canadian Legal Affairs
CBA Influence Submissions COVID-19 crisis reveals need for national standards for care of seniors. BY Kim Covert 2 Jul 2020 The CBA’s Elder Law Section has joined many Canadian organizations that deal with seniors in calling on the federal government to increase the safety of older Canadians living in group care facilities.
National | CBA National - Canadian Legal Affairs
CBA Influence Submissions COVID-19 crisis reveals need for national standards for care of seniors. BY Kim Covert 2 Jul 2020 The CBA’s Elder Law Section has joined many Canadian organizations that deal with seniors in calling on the federal government to increase the safety of older Canadians living in group care facilities.
National | CBA National - Canadian Legal Affairs
CBA Influence Insight Resolving legal disputes has to focus on the needs of the users of our justice system, and helping them access better outcomes. BY Kim Covert 29 Jun 2020 iStock Courts will always be necessary and have a rightful place at the centre of our system of justice, but if the fallout from COVID-19 has taught us anything, it’s that we need to find a way to need courts less.
National | CBA National - Canadian Legal Affairs
CBA Influence Submissions ‘Not inherently distinct’ rulings a headache for trademark applicants.
‘No legal justification’ to close border to asylum-seekers
CBA Influence Submissions CBA Immigration Law Section: Canada can protect both the public health and the human rights of vulnerable peoples without closing its border to refugee claimants. BY Kim Covert 8 Jun 2020 In its second letter addressing this issue since the government imposed the order due to COVID-19 concerns, the CBA’s Immigration Law Section once again asked that the decision to close the border be reversed.
Justice Canada needs to take processes to a virtual level
CBA Influence Insight It’s time for all actors in the justice system to adapt to the new realities created by the COVID-19 pandemic, if the system is to serve those seeking justice. BY Kim Covert 2 Jun 2020 It’s time for all actors in the justice system to adapt to the new realities created by the COVID-19 pandemic, if the system is to serve those seeking justice.
Justice Canada needs to take processes to a virtual level
CBA Influence Insight It’s time for all actors in the justice system to adapt to the new realities created by the COVID-19 pandemic, if the system is to serve those seeking justice. BY Kim Covert 2 Jun 2020 It’s time for all actors in the justice system to adapt to the new realities created by the COVID-19 pandemic, if the system is to serve those seeking justice.
National | CBA National - Canadian Legal Affairs
CBA Influence Submissions Working Group’s concerns revolve around the question of personal autonomy. BY Kim Covert 25 May 2020 iStock Amendments proposed in the federal government’s medical assistance in dying legislation fall short of the goal of harmonizing and clarifying the law, the CBA says in a submission to the Committee on Justice and Human Rights.
National | CBA National - Canadian Legal Affairs
CBA Influence Submissions Regulations supporting Divorce Act amendments need clarity. BY Kim Covert 19 May 2020 Words matter, the CBA’s Family Law Section says in a submission to Justice Canada regarding proposed regulations and guidelines in support of the amendments to the Divorce Act which come into effect on July 1.
National | CBA National - Canadian Legal Affairs
CBA Influence Submissions Regulations supporting Divorce Act amendments need clarity. BY Kim Covert 19 May 2020 Words matter, the CBA’s Family Law Section says in a submission to Justice Canada regarding proposed regulations and guidelines in support of the amendments to the Divorce Act which come into effect on July 1.
National | CBA National - Canadian Legal Affairs
CBA Influence Insight Governance gap, self-isolation key COVID-19 issues for Indigenous Peoples BY Kim Covert 4 May 2020 Since COVID-19 began we’ve seen questions raised south of the border about how to deal with the democratic process of elections – specifically voting – while maintaining social distancing measures. What many Canadians might not realize is that it is also an issue for band elections in some First Nations communities.
National | CBA National - Canadian Legal Affairs
CBA Influence Insight Governance gap, self-isolation key COVID-19 issues for Indigenous Peoples BY Kim Covert 4 May 2020 Since COVID-19 began we’ve seen questions raised south of the border about how to deal with the democratic process of elections – specifically voting – while maintaining social distancing measures. What many Canadians might not realize is that it is also an issue for band elections in some First Nations communities.
National | CBA National - Canadian Legal Affairs
CBA Influence Insight The Immigration and Refugee Board of Canada has suspended immigration proceedings while the country practises social distancing in order to limit the spread of COVID-19. But that could create access-to-justice issues for applicants and lawyers. BY Kim Covert 1 May 2020 To paraphrase the great Thomas Paine, who was writing during a time of crisis more than 200 years ago, these are the times that try men’s souls – as well as their ability to adapt to reflect the new reality.
National | CBA National - Canadian Legal Affairs
CBA Influence Insight COVID-19 restrictions on asylum-seekers could contravene international law. BY Kim Covert 27 Apr 2020 As part of its efforts to contain and limit the spread of the coronavirus pandemic, the federal government has issued travel advisories and restricted non-essential travel at the Canada-U.S. border. One of the restrictions, however, risks contravening Canada’s obligations under international law.
National | CBA National - Canadian Legal Affairs
CBA Influence Insight COVID-19 restrictions on asylum-seekers could contravene international law. BY Kim Covert 27 Apr 2020 As part of its efforts to contain and limit the spread of the coronavirus pandemic, the federal government has issued travel advisories and restricted non-essential travel at the Canada-U.S. border. One of the restrictions, however, risks contravening Canada’s obligations under international law.
National | CBA National - Canadian Legal Affairs
CBA Influence Submissions Judges training bill aimed at the wrong target. BY Kim Covert 21 Apr 2020 iStock Bill C-5, the latest iteration of legislation proposing to mandate sexual assault training for federal judges contains important modifications from a private member’s bill with a similar purpose tabled in the last Parliament, but still contains some worrisome elements apart from its impact on the independence of the judiciary: to wit, it addresses the wrong audience.
National | CBA National - Canadian Legal Affairs
CBA Influence Submissions Judges training bill aimed at the wrong target. BY Kim Covert 21 Apr 2020 iStock Bill C-5, the latest iteration of legislation proposing to mandate sexual assault training for federal judges contains important modifications from a private member’s bill with a similar purpose tabled in the last Parliament, but still contains some worrisome elements apart from its impact on the independence of the judiciary: to wit, it addresses the wrong audience.
National | CBA National - Canadian Legal Affairs
CBA Influence Submissions Immediate measures needed to deal with the pandemic, and an explosive situation, in federal institutions. BY Kim Covert 6 Apr 2020 Take prisoners held in close quarters with inadequate levels of health care at the best of times, or immigration detainees held in over-crowded facilities. Add in a lack of access to hygiene products and an inability to practice social distancing, multiplied by a quickly spreading and deadly virus with no known cure. It all adds up to trouble.
National | CBA National - Canadian Legal Affairs
CBA Influence Submissions Changes to legislation, education needed to protect children’s rights. BY Kim Covert 6 Apr 2020 iStock Nearly 30 years after ratifying the UN Convention on the Rights of the Child, the federal government, along with provincial and territorial governments, has still not passed legislation to incorporate the Convention into domestic law, thus denying children the full benefit of its protections.
National | CBA National - Canadian Legal Affairs
CBA Influence Submissions Immediate measures needed to deal with the pandemic, and an explosive situation, in federal institutions. BY Kim Covert 6 Apr 2020 Take prisoners held in close quarters with inadequate levels of health care at the best of times, or immigration detainees held in over-crowded facilities. Add in a lack of access to hygiene products and an inability to practice social distancing, multiplied by a quickly spreading and deadly virus with no known cure. It all adds up to trouble.
National | CBA National - Canadian Legal Affairs
CBA Influence Submissions Changes to legislation, education needed to protect children’s rights. BY Kim Covert 6 Apr 2020 iStock Nearly 30 years after ratifying the UN Convention on the Rights of the Child, the federal government, along with provincial and territorial governments, has still not passed legislation to incorporate the Convention into domestic law, thus denying children the full benefit of its protections.
National | CBA National - Canadian Legal Affairs
CBA Influence Submissions Competition Section makes recommendations on U.S. vertical mergers guidelines. BY Kim Covert 1 Apr 2020 The integration of the North American economy is such that regulations affecting companies in one country are likely to affect parents or subsidiaries in another. That’s why the CBA’s Competition Law Section was happy to review draft Vertical Merger Guidelines published by the U.S. Department of Justice Antitrust Division and the Federal Trade Commission.
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