CABA Quoted in Forbes Regarding Voting Rights Appeal
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.
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Supreme Court of Canada Vindicates Voting Rights of Expats
– 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expats’ voting rights and overturns an Ontario Court of Appeal decision upholding electoral provisions—recently repealed by the Trudeau government—that generally denied the vote to expats after five years of non-residency.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.
The Supreme Court’s ruling can be accessed here
CABA’s submissions can be access here
CABA Submits Letter Opposing Yoder Amendment to Immigration Policy
– For Immediate Release –
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.
CABA’s submission may be viewed here.
CABA Bulletin on USMCA
CABA’s overview of the recently agreed to trade agreement among the U.S., Canada, and Mexico may be viewed here
CABA Submits Comment to Canadian Government on NAFTA
– For Immediate Release –
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.
CABA’s submission may be viewed here.
CABA making oral arguments before the Supreme Court of Canada this Wednesday
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.
The CABA is represented by Blake, Cassels & Graydon, LLP. Bradley E. Berg, a Blakes partner, will be arguing on behalf of the CABA at the hearing. The live feed of the appeal is available at: https://www.scc-csc.ca/
CABA making intervenor submissions before Supreme Court of Canada.
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.
CABA Announces Advisory Board
CABA is proud to announce the appointment of an Advisory Board comprised of a cross-section of representatives from the cross-border legal and business communities. The Advisory Board will act as a valuable consultative resource for the organization as it moves forward with current and future programs. The full list of Advisory Board members is available here.
CABA Testifies Before the USTR about NAFTA Renegotiation
Read CABA’s testimony before the USTR in support of TN lawyer visas here.
You can watch the public hearing by clicking on the link below:
https://www.youtube.com/watch?list=PLTWMCmrLzaxrAYT_FWsN1YWhalfvU62QA&v=XiC7R-T7qSM
CABA To Testify before the USTR about NAFTA Renegotiation
After triggering the renegotiation of the North American Free Trade Agreement on May 16, 2017, the United States initiated a public consultation process through its Trade Representative seeking input on the direction, focus, and content of the NAFTA negotiations. As part of that process, the U.S. Trade Representative invited interested persons to submit comments and/or oral testimony at a public hearing on matters relevant to the modernization of NAFTA. On June 12, CABA provided written notification of its intention to testify at the public consultation hearing and a summary of its intended testimony. Consistent with its mission, CABA is focusing its submissions on the ways in which the NAFTA renegotiations offer an opportunity to stimulate and reduce barriers to bilateral trade by harmonizing cross-border legal regimes and facilitating cross-border legal practice. Read CABA’s full letter to the U.S. Trade Representative here.
