Omar Khadr: Canada in Breach of multiple International Human Rights obligations, including Convention against Torture and Convention on the Rights of the Child
For Immediate Release – Tuesday, May 15, 2012
On May 21-22, 2012, the United Nations Committee against Torture will review Canada’s failure to comply with its obligations under the Convention against Torture to prevent, punish and remedy the torture and other cruel, inhuman or degrading treatment of Canadian Omar Khadr during his ongoing detention at Guantánamo prison. In a report to the Committee against Torture, Lawyers’ Rights Watch Canada (LRWC) and the International Civil Liberties Monitoring Group (CLMG) state that Canada was both a direct participant and indirectly complicit in the torture and other cruel, inhuman and degrading treatment of Mr. Khadr by his U.S. captors. Read more
G20 Activist brings $4 million suit
G20 protest organizer Julian Ichim has issued a Notice of Claim against Constable Bindo Showan, the Ontario Provincial Police, the Toronto Police Services Board and the provincial Attorney-General, according to the Globe and Mail.
The allegations – which have not been tested in court – state that a provincial police officer drove drunk, gave alcohol to minors, staged a fake illegal cigarette buy and encouraged protesters to damage property during an investigation before the 2010 G20 summit in Toronto, all part of an undercover effort to infiltrate Kitchener-Waterloo based G20 protesters that commenced more than a year before the actual event. Read more
Briefing to the Committee against Torture on the Omar Khadr case
Lawyer’s Rights Watch Canada (LRWC) and the Civil Liberties Monitoring Group (CLMG) filed a joint shadow report on the Omar Khadr case with the Committee against Torture (the Committee) for consideration on the review of Canada’s compliance with the Convention against Torture.
The report recommends the establishment of a Commission of Inquiry, investigation of the involvement of Canadian agents in Khadr’s torture and illegal treatment, prosecution of suspects identified by the investigation and education about the requirements of the Convention for those involved in law enforcement including police, elected officials and other public servants. The report also recommends that on repatriation, Khadr be afforded full protection of his internationally protected rights and access to remedies for violations. The report was prepared by Gail Davidson and Gavin Magrath with editing assistance from Brendan Naef.
Canadian Government refers Air Canada to Labour Board
Canada’s Federal government announced yesterday that it would refer two labour disputes – one involving 8600 ground staff, the other involving 3000 pilots – to the Canada Industrial Relations Board. The move that was widely expected and which prevents a strike or lockout by either side, preventing a disruption during the busy March Break holidays. Ground crews had threatened a strike, while management had issued a lockout notice to pilots.
The government once again invoked it’s right to refer labour disputes that could effect the health and safety of Canadians to the Board, according to the Globe and Mail:
[Minister] Raitt asked the labour board to “determine the activities that Air Canada may be required to maintain as relates to the health and safety of Canadians.” Industry experts said her decision amounted to a legal tactic to prevent any disruption to Air Canada’s flights, buying time for management and union leaders to find a way to break the impasse or potentially face binding arbitration.
“Our government is concerned that the work stoppages are going to have an effect, both on our national economy and of course on the Canadian travelling public,” said Ms. Raitt, who relied on a similar referral to the labour board last October to prevent 6,800 flight attendants from walking off the job.
The Minister was not clear as to how economic damage or travelling disruptions threaten health and safety, and some observers are concerned about the collective impact of this kind of decision on collective bargaining.
Labour lawyer Howard Levitt told CTV that “There may already be a deal that’s already happened, the problem is everyone doesn’t know that and my concern is these constant interventions are the death knell of serious collective bargaining in this country.”
Capt. Paul Strachan, President of the Air Canada Pilot’s Association, was more direct in his comments to the Globe: “[Ministerial interference] does affect the bargaining landscape, absolutely,” he said. Dave Ritchie, Canadian general vice-president for the International Association of Machinists and Aerospace Workers, noted that the union had asked the Minister to stay out of this dispute. “I’m not too happy about it,” he added.
In the author’s view, parties to a labour dispute must be allowed to negotiate within the constraints of the Act: referring such disputes to arbitrators as a matter of course weakens collective bargaining, discourages good faith negotiation, reduces the apparent risk of intransigence, and results in compromise outcomes that will not satisfy either side and may serve to paper over legitimate industrial concerns.
In the present case the ‘health and safety’ justification for the exercise of Ministerial power is clearly political, and accordingly this particular interference also seriously damages the position of the government as an independent and honest administrator of the public trust. On the other hand, the move will be popular with nervous travellers and families, who expressed relief yesterday that their holiday plans would be unaffected.
Magrath O’Connor has Moved!
Effective 31 January 2012 Magrath O’Connor has a new home in Toronto’s historic Grpahic Arts Building:
73 Richmond St. West, Suite 306
Toronto, ON, M5H 4E8
Our phone, fax, and email co-ordinates will remain the same.
Please update your address books and other documents!
Change of Address
Effective 31 January 2012 Magrath O’Connor will be moving to:
73 Richmond St. West, Suite 306
Toronto, ON, M5H 4E8
Our phone, fax, and email co-ordinates will remain the same.
Please update your address books!
World Bank Survey on Logistics Performance
The World Bank invites logistics professionals to participate in their Logistics Performance Survey as part of the Logistics Performance Index 2009 .
The survey aims to collect information from industry about performance on a variety of metrics in both their own and other nations. The World Bank hopes to use the results to target their investments in infrastructure where it can have the greatest impact.
WTO Rules Against US Country-of-origin Labels
On 18 November 2011 the WTO announced its decision in respect of various complaints brought by Canada and Mexico against the United States in respect of its “certain country of origin labelling” (“COOL”) requirements for beef and pork. Read more
Report on Economic Impact of St. Lawrence Seaway released
The full report on the Economic Impacts of the Great Lakes – St. Lawrence Seaway System has now been published by consultants Martin Associates of Lancaster PA.
The report is highly detailed, and at nearly 100 pages includes analyses of overall economic activity, job creation, and revenue generation, at the State/Province, regional, and country level. Data is further parsed based on the flag of carrying vessels and the commodity being traded.
According to the authors, 322.1 Million tonnes of cargo moved in the system in 2010, creating over 92,000 direct jobs of almost 227,000 total jobs, over $14 Billion in personal income, and over $33 Billion in business revenue. Somewhat unusually, only $4.6 Billion in tax revenue was calculated as resulting from this activity.
Canada Not-for-Profit Corporations Act Declared in Force
On 17 October 2011 the Federal Government declared the new Canada Not For Profit Corporations Act in force, beginning the three year transition period set out in the Act.
The new Act substantially tightens financial reporting requirements, and all non-profit or charitable clients are urged to discuss these requirements with their auditor as soon as possible.
The Act also provides a much more detailed procedural ‘rulebook’ that is intended to displace much of the substance of corporate by-laws, and indeed the current requirement for ministerial approval of by-laws is replaced with the obligation to notify the Minister of changes within 12 months. Accordingly, organizations may simply keep their current by-laws or review and replace them with either more specific by-laws for the organization or leaner by-laws that will rely on the Act’s rules.
Rights of Members have also been enhanced and specified, and now closely resemble shareholder rights for corporations. This includes minority voting rights (e.g. for separate classes of members to vote separately on matters affecting the class) and the right to bring proposals to and demand transparency from the Directors. Directors now have an explicit fiduciary duty to act honestly and in good faith in the best interests of the corporation with the care and skill of a reasonably competent person in similar circumstances; this requirement again mimics the duties of for-profit directors.
In respect of financial reporting, the Act creates a distinction between Soliciting and non-soliciting corporations. A soliciting corporation is one that has brought in more than $10,000.00 in third party revenues/donations in a calendar year; once acquired the status lasts three years. Within the category of soliciting corporations, further reporting requirements are added for those soliciting more than $50,000 annually, and again for those bringing in more than $250,000 annually.
What should we do now?
The transitional period (three years to 17 October 2014) provides a good opportunity for some corporate housekeeping, and in particular the opportunity to revisit old policies and standard-form by-laws drafted to obtain quick approval, rather than with the needs of the organization in mind.
- Consult with your auditor and counsel to determine how the new Act will apply to your organization.
- Review existing letters patent and by-laws in light of the new rules and determine what amendments are appropriate.
- Prepare Articles of Continuance (transition) using Form 4031 as provided by the Act.
- Obtain approval of the transition date and the amended by-laws (if applicable) from Members at a Members’ meeting or AGM.
- File the changes and Articles of Continuance with Industry Canada.
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