Communiques

Bill C-79 passes third reading in the Senate with no amendments

Click here to read the relevant portion of the "debate", and here to read the relevant portions of the bill. 

Needless to say we are disappointed in the attention given to our concerns.  A clear message is that we would have had a greater chance of success if our respected, thoughtful, and practical input preceded the introduction of the bill in parliament.  In the rush to summer recess, little would stop this bill from becoming law.

As we know the passage of this bill into law will not end the debate.  The debate is simply moved into the courts.  The committee practically invited our clients to litigate the issue and come back before them two or three years from now when the government introduces its rewrite in the wake of court decisions clarifying the law.  The media's plea to pass a better law to discourage unnecessary litigation fell on deaf ears.  One senator pointed out that they did not have to pass perfect laws, merely reasonable ones.  The senators accepted all explanations given to them by Justice, including their assessment that the law was consistent with Dagenais.  Time will tell.

The experience was useful for us.  It demonstrates the need to take a more organized and concerted approach to addressing the concerns of our members and our clients..