Cross-Border Legal Research Program
About the Program
CABA’s Cross-Border Legal Research Program aims to produce in-depth studies of significant transnational legal issues and to act as an informational resource to the cross-border legal community and policymaking bodies on either side of the Canada-U.S. border. As with CABA’s advocacy initiatives, CABA seeks out appropriate stakeholders, academic partners, and sponsors to sustain projects falling within the scope of the Program while accepting individual donations from the cross-border legal community where appropriate.
CABA is currently pursuing the below research initiatives in the framework of its cross-border legal research program.
Policy White Paper: The Transmission of Canadian Citizenship Abroad
Together with an academic partner, CABA is researching the concept of citizenship under Canadian law, with a particular focus on the transmission of citizenship by descent outside Canadian territory pursuant to 2009 legislative amendments that imposed a first-generation limitation on such transmission. Drawing on comparative perspectives from peer countries, the resulting white paper will analyze the history, impact, merits, drawbacks and alternatives to this approach. A significant number of Canadian expats in the United States and elsewhere are impacted by the current state of the law. An expansive examination of the underlying policy will be of interest to them as well as to policymakers, courts, academics, and attorneys with an interest in the prevailing law or the extraterritorial exercise of democratic rights and freedoms more generally. The white paper will be published in an appropriate academic forum and present an in-depth resource to governmental actors. More information may be accessed here.
Practical Resource: The State and Future of Cross-Border Comity
CABA is in the planning phase of a project that would analyze the current state of cross-border comity in respect of judicial decisions. The refusal of certain U.S. courts to recognize a global injunction issued by the Supreme Court of Canada in the Google Inc. v. Equustek Solutions Inc. case has brought this issue to the fore. The project has implications for cross-border litigation that will be of particular concern to CABA’s business membership, as technology-based industries become ever more central to an integrated North American economy. CABA is also seeking financial and research partners for this project.
Support a CABA Research Project
CABA membership dues and law firm sponsorship help support CABA’s ongoing operations, including website development and maintenance, outreach events and other miscellaneous expenditures. All of CABA’s executives and advisory board serve on a volunteer basis.
CABA’s ambitious research initiatives require additional funding, due to the need to engage experts and additional research assistance, as well as fund associated expenses. While CABA has been successful in securing funding from private sources to launch existing projects, CABA is appealing for additional contributions from its membership and beyond to help fund the completion of current and future research initiatives. We encourage you to contribute to this important research and programming by donating to a CABA cross-border legal research project today.
In addition to financial donations, we continue to welcome greater involvement from our membership, including suggestions on future strategic directions and projects. CABA draws its strength from the broad and deep talent pool of its cross-border membership.
CABA is currently accepting donations for the following research project(s):
White Paper: The Transmission of Canadian Citizenship Abroad
You may donate using the PayPal link below. Thank you for supporting CABA’s Cross-Border Legal Research Program.
* While CABA undertakes to direct all donations as a priority to the above project, it reserves the right to apply some donations that exceed the requirements of that project to general operations.