New York, NY, June 6, 2019: The Canadian American Bar Association (CABA) has joined the U.S. Chamber of Commerce and the Ontario Chamber of Commerce in voicing opposition to Bill 115 presently awaiting passage by the Ontario legislature. Bill 115 purports to unilaterally terminate a duly concluded contract between the Ontario government and several foreign private parties involved with The Beer Store without provision for compensation and while denying them all rights of action and remedies in legal proceedings. In a letter submitted to the Ontario Attorney General, CABA states its concerns that Bill 115 risks eroding public confidence in the rule of law, discouraging U.S. investment in Canada, and placing a chill on cross-border trade. CABA’s letter may be accessed here.
We are pleased to share that the CABA Happy Hour in NYC held on Thursday, May 23, was a success. Thank you to all who attended. Over the course of a few hours, participating firm and in-house cross-border lawyers mingled, enjoyed excellent food and drinks and discussed several new CABA projects, including further research and advocacy in the domain of Canadian rights and freedoms and other cross-border-focused initiatives. We are grateful for the support of Latham & Watkins LLP.
CABA expects to provide more social and networking opportunities to its members and advisory board in the months to come. We thank you for your continuing support of CABA and we ask that you remember to support the cross-border legal conversation by renewing your membership as and when it comes due, as well as share ideas on future priorities for CABA.
Welcome to the Spring issue of the Canadian American Bar Association’s newsletter. In this and future issues, we will highlight CABA’s recent achievements and activities, as well as priorities set by the CABA executive, in consultation with CABA’s advisory board and its membership at large.
Supreme Court of Canada Vindicates Voting Rights of Expats
A long legal battle to vindicate expats’ voting rights came to an end in January when, in a 5-2 ruling, the Supreme Court of Canada found that the Canadian Charter of Rights and Freedoms protects Canadian expats from being disenfranchised due to their non-residency in Canada. The electoral provisions at issue—recently repealed by the Trudeau government—generally denied the vote to expats after five years of non-residency. The Court’s reasons can be consulted here.
As communicated earlier to its membership, CABA participated in this important and precedent setting appeal as an intervener, and made both written and oral submissions before the Court. The ruling marks an important milestone in CABA’s mission to promote cross-border professional mobility and understanding, and CABA intends to continue its efforts to further these important objectives, including through public advocacy and targeted interventions.
Eligible Canadian voters residing abroad may apply to vote by mail in the next federal election, to be held on or before October 21, 2019, on the Elections Canada Website.
Opposition to Country Caps for Employment-Based Immigrant Visas
In December, CABA submitted a letter to the United States Congress sharing its concerns regarding the amendment included in the Department of Homeland Security Appropriations Bill in the House Appropriations Committee sponsored by former Rep. Kevin Yoder
(R-KS), which aims to eliminate the per-country cap for employment-based immigrant visas. The letter, available here, explained that the Yoder Amendment threatened to impede the free movement of highly skilled Canadian workers to the United States and to cause harm to American businesses operating in cross-border industries, such as law and financial services, that support trade and other cross-border economic activity.
Congress revived the proposals contained in the Yoder Amendment earlier this year, and CABA is currently evaluating its options, including whether to pursue further advocacy efforts.
USMCA Bulletin
In view of the critical importance of the North American Free Trade Agreement and its purported successor, the United States Mexico Canada Agreement, CABA released a bulletin, available here, to its membership outlining certain key features of the new trade deal.
As the coming into force of the USMCA remains pending, CABA will continue to monitor the situation and update its membership on further developments, as and when appropriate.
Looking Ahead
CABA is planning several new initiatives for the balance of 2019, including further research and advocacy in the domain of Canadian rights and freedoms in a globalized world, as well as various events and publications.
We continue to welcome suggestions from our membership on future strategic directions and projects, including collaboration opportunities on both sides of the border.
We thank you for your continuing support of CABA and we ask that you remember to renew your membership as and when it comes due. CABA draws its strength from the broad and deep talent pool of its cross-border membership.
CABA Social in NYC
In an effort to offer more social and networking opportunities to its members and advisory board, CABA is holding a happy hour in NYC on May 23rd.
Details below.
When: 6-9 p.m., May 23, 2019
Where: Little Rascal
163 Elizabeth Street
New York, N.Y. 10012
CABA was quoted in a recent article by Andy Semotiuk in Forbes relating to the Supreme Court of Canada’s decision in Frank v. Canada. The article may be accessed here.
– For Immediate Release – New York, NY, January 11, 2019: The Canadian American Bar Association (CABA) is pleased with today’s ruling by the Supreme Court of Canada in Frank v. Canada (Attorney General) protecting expat voting rights.
In a 5-2 ruling, the Court found that the Canadian Charter of Rights and Freedoms protects Canadian expats from being disenfranchised on the basis of their non-residency in Canada.
CABA participated in the appeal as an intervener, and made both written and oral submissions before the Court.
The decision brings to an end a long legal battle to vindicate expats’ voting rights and overturns an Ontario Court of Appeal decision upholding electoral provisions—recently repealed by the Trudeau government—that generally denied the vote to expats after five years of non-residency.
In his majority reasons, the Chief Justice of Canada underscored the role that voting rights based on citizenship, rather than residency, play in defining the Canadian political community in the 21st Century: “… [T]he world has changed. Canadians are both able and encouraged to live abroad, but they maintain close connections with Canada in doing so. The right to vote is no longer tied to the ownership of property and bestowed only on select members of society. And citizenship, not residence, defines our political community and underpins the right to vote.”
In describing the effects that disenfranchisement has on expats, the Court recognized the perspective that CABA and other interveners placed before the Court: “Denial of the right to vote, in and of itself, inflicts harm on affected citizens; proof of additional harm is not required. The disenfranchisement of long-term non-resident citizens not only denies them a fundamental democratic right, but also comes at the expense of their self-worth and their dignity.”
This ruling marks an important milestone in CABA’s mission to promote cross-border professional mobility and understanding. It intends to continue its efforts to further these important objectives, including through public advocacy and carefully selected interventions.
New York, NY, December 12, 2018: The Canadian American Bar Association (CABA) has submitted a letter to the United States Congress to share its concerns regarding the amendment included in the Department of Homeland Security Appropriations Bill in the House Appropriations Committee sponsored by Rep. Kevin Yoder (R-KS) (the “Yoder Amendment”), which aims to eliminate the per-country cap for employment-based immigrant visas.
CABA believes that the Yoder Amendment threatens to impede the free movement of highly skilled Canadian workers to the United States and to cause harm to American businesses operating in cross-border industries, such as law and financial services, that support trade and other cross-border economic activity.
CABA supports the removal of the Yoder Amendment and urges the adoption of more comprehensive and equitable immigration reform that would best meet the needs of American businesses across all sectors, including those engaged in cross-border industries.
New York, NY, June 21, 2018: The Canadian American Bar Association (CABA) answered the Canadian Ministry of Finance’s call this month for public comment on Canada’s newly-announced tariffs and the ongoing NAFTA renegotiation.
CABA’s submission provides CABA’s perspective on the national security exception that was used by the United States to impose tariffs on Canada (and other countries). The submission critiques NAFTA’s vague language and proposes revised wording that aims to limit a state’s recourse to the exception to only more clearly defined instances of a national security threat.
This Wednesday, the Supreme Court of Canada will hear oral argument in Gillian Frank et al. v. Attorney General of Canada. The CABA is an intervener in this appeal and will be the first, among all interveners, to make oral submissions to the court. As referenced in prior CABA news releases, the Frank case concerns two U.S.-resident Canadian citizens who are making a Charter challenge to the provisions of the Canada Elections Act that deny the right to vote to Canadians who have resided outside of Canada for more than five years.
The CABA’s arguments before the high court on Wednesday will focus principally on two issues: (i) that the Charter-protected right to vote is virtually unconditional and should be applied to all Canadian citizens equally, regardless of whether the citizen lives in Canada or has lived abroad for more than five years; and (ii) a 2009 decision from South Africa’s Constitutional Court that struck down then-existing restrictions on South African expatriates’ right to vote ought to be instructive and persuasive here.
On March 21, CABA will be making intervenor submissions before the Supreme Court of Canada in support of indefinite voting rights for Canadian expats. It’s time that all Canadians enjoy the same untrammeled right to vote.
