Recent Government of Canada Publications from the Weekly Acquisitions List

The Government of Canada's Weekly Acquisitions List is a list of publications by various public bodies and agencies of the federal government that were catalogued in the previous week

Among other documents, the most recent list features:

• Public inquiry into foreign interference in federal electoral processes and democratic institutions : final report (The Honourable Marie-Josée Hogue, Commissioner): "I also note from the evidence that Canada has responded to attempts at foreign interference with measures and mechanisms to  better detect, deter and counter them. I took note of the competence, dedication and experience of the members of Canada’s senior public service and national security and intelligence community who testified before me. These men and women, who work in the shadows and beyond partisan lines, play a crucial role in safeguarding our democratic institutions, and they do it well. That said, the government’s response has been far from perfect: I have observed that the government has sometimes taken too long to act, and that coordination between the various players involved has not always been optimal. Processes by which information had to be passed on to certain decision-makers, including elected officials, have not proved as effective as they should have been.  In addition, the government has proven to be a poor communicator and insufficiently transparent when it comes to foreign interference. The measures implemented over the past two years, along with several statements made on the matter, suggest that the government is now prioritizing the fight against foreign interference. This must continue. (from Volume 1 - Word from the Commissioner)"
• Protecting language rights : overview of the Commissioner's interventions in the courts (2018-2025) (Office of the Commissioner of Official Languages): "Here I am—already at the end of a seven-year mandate as Commissioner of Official Languages, during which great progress has been made in terms of language rights in Canada. As the cases I participated in—either as a party or intervener—throughout my mandate show, I have not hesitated to appear in court to both protect language rights and advance jurisprudence in this area. Unsurprisingly, I have been involved in many cases involving my enabling statute, defending fundamental rights such as access to the courts in the official language of one’s choice, the public’s right to receive services and communications in the official language of their choice, the right to work in the official language of one’s choice in the public service and the vitality of official language minority communities. Like my predecessors, I also took every opportunity to make innovative arguments before the Supreme Court of Canada regarding the right to minority-language education, as is constitutionally protected by section 23 of the Canadian Charter of Rights and Freedoms. Lastly, twice before the Supreme Court of Canada, I helped protect access to the courts in the official language of one’s choice under section 530 of the Criminal Code. Reflecting on all these cases, I am finishing out my mandate with cautious optimism about the protection of language rights for individuals and official language communities in Canada. (Raymond Théberge, Commissioner of Official Languages)"
• What We Heard - The Law Commission of Canada in Listen & Learn Mode June to December 2024: "When the LCC officially resumed its operations in June 2023, it immediately began its formal engagement with individuals and organizations who, each in their own ways, embodied aspects of the agency’s raison d’être: living law, pursuing justice, renewing hope. Through roundtables, multilateral discussions, individual meetings, larger conferences, and informal conversations, the LCC sought to develop an understanding of the law reform and justice landscape in Canada and beyond. These engagements bore many fruits: they helped to uncover issues which interlocutors considered pressing or likely to emerge on the horizon; they presented an opportunity to understand interesting initiatives already underway, so as to avoid unintended duplication and to identify potential partnerships; and the roundtables and multilateral discussions served as a site for mutually beneficial exchange, allowing participants to learn about the work and perspectives of others, and to form connections across their endeavours (...) This is the LCC’s third What We Heard report, covering the period from June to December 2024. It sets out the preoccupations, projects, and possibilities that emerged from the LCC’s engagements during that period, including: Listen & Learn roundtables with faculties of law; meetings with Parliamentarians; participation in numerous conferences; discussions with scholars interested in questions of law and justice; focus circles with subject-matter experts; and rich exchanges with members of the judiciary, public policy makers, and community organizations."

Recent Library of Parliament Legislative Summaries

The Library of Parliament in Ottawa has recently published a number of legislative summaries of important federal bills.

Among them are:

• Legislative Summary of Bill C-20: An Act establishing the Public Complaints and Review Commission and amending certain Acts and statutory instruments: "Bill C-20 establishes the independent Public Complaints and Review Commission (the Commission) to review and  investigate complaints against employees of the Royal Canadian Mounted Police (RCMP) and the Canada Border Services Agency (CBSA). The Commission replaces the existing Civilian Review and Complaints Commission (CRCC) which reviews complaints against the RCMP. Currently, no oversight authority is responsible for reviewing complaints against the CBSA."
• Legislative Summary of Bill C-65: An Act to amend the Canada Elections Act: "The bill amends the Canada Elections Act (CEA) to accomplish several distinct legislative objectives, including: providing for two additional days of advance polling; moving the next fixed election date; regulating voting at long-term care institutions; updating the process for voting by mail (special ballot); regulating voting at post-secondary educational institutions; amending the requirements relating to political parties’ policies for the protection of personal information; amending or creating new prohibitions pertaining to the electoral process; amending the regime applicable to third-party financing; granting new powers to the Commissioner of Canada Elections (CCE); and requiring the Chief Electoral Officer (CEO) to report to Parliament on potential changes to the electoral process."
• Legislative Summary of Bill C-50: An Act respecting accountability, transparency and engagement to support the creation of sustainable jobs for workers and economic growth in a net-zero economy: "The Government of Canada describes this legislative initiative as the product of comprehensive consultation, the purpose of which is to establish both a plan and mechanisms for governance and accountability to place the federal government in a better position to support workers and communities as Canada works to build a net-zero economy."
• Legislative Summary of Bill C-69: An Act to implement certain provisions of the budget tabled in Parliament on April 16, 2024: "Part 1 implements various income tax measures through amendments to the Income Tax Act and related statutes and regulations, including increasing the home buyers’ plan withdrawal limit and deferring the repayment period, creating the Canada Carbon Rebate for Small Businesses, and providing a refundable investment tax credit to qualified businesses for certain investments in clean technology manufacturing property (clauses 2 to 80). Part 2 enacts the Global Minimum Tax Act, which is a regime based on the Rules of the Organization for Economic Co-operation and Development, that ensures that large multinational corporations are subject to a minimum effective tax rate of 15% on their profits wherever they do business (clauses 81 to 111). Part 3 repeals the temporary relief for supplies of certain face masks, respirators and shields from the Goods and Services Tax/Harmonized Sales Tax, and implements certain measures regarding excise duty in respect of tobacco and vaping products, beer, spirits and wine. It also implements certain changes to the Underused Housing Tax (clauses 112 to 148). Part 4, which is divided into 44 divisions, implements various  measures. It amends numerous existing Acts that cover many areas of law. It also enacts the Consumer-Driven Banking Act (clauses 149 to 468)."

Library of Parliament legislative summaries summarize bills currently before Parliament and provide background information about them in an objective and impartial manner. They are prepared the Library's research staff which carries out research for and provides information and analysis to parliamentarians, Senate and House of Commons committees and parliamentary associations. Legislative summaries are revised as needed to reflect amendments made to bills as they move through the legislative process.

Recent Library of Parliament Documents

The Library of Parliament in Ottawa has recently published a number of legislative summaries of important federal bills as well as other documents.

Among them are:

• Gender-based Analysis Plus in Canada: "The Government of Canada uses GBA Plus [Gender-based Analysis Plus ] to assess the impact of legislation, policies, programs and budgetary measures on diverse groups of women, men and gender-diverse people in an effort to reduce inequalities. The “Plus” in GBA Plus includes a range of identity factors – such as age, disability, education, language, sexual orientation, culture, geography, ethnicity, Indigenous identity, religion, social class and income – that overlap in an intersectional way. The “Plus” is thus aligned with the concept of intersectionality introduced in 1989 by Kimberlé Crenshaw, which makes it possible to include multiple intersecting identity factors beyond gender in the analysis of what shapes people’s experiences."
• Scrutiny of Regulations: 50 Years in Review: "Parliament can delegate the authority to make regulations to a person or body specified in an Act. This authority might be given because regulations can be made more quickly than legislation or because Parliament might not have the expertise to legislate technical rules. This authority is usually delegated by way of enabling provisions in legislation that permit ministers, departments, agencies and other authorities to make rules on Parliament’s behalf. The committee’s powers derive from both statutory and sessional orders of reference which make it the committee’s mandate to ensure that this delegated authority is exercised lawfully and appropriately. The committee’s work begins after a regulation has been published in its final form in Part II of the Canada Gazette."
• Legislative Summary of Bill C-20: An Act establishing the Public Complaints and Review Commission and amending certain Acts and statutory instruments: "Bill C-20 establishes the independent Public Complaints and Review Commission (the Commission) to review and investigate complaints against employees of the Royal Canadian Mounted Police (RCMP) and the Canada Border Services Agency (CBSA). The Commission replaces the existing Civilian Review and Complaints Commission (CRCC) which reviews complaints against the RCMP. Currently, no oversight authority is responsible for reviewing complaints against the CBSA."
• Legislative Summary of Bill C-65: An Act to amend the Canada Elections Act: "The bill amends the Canada Elections Act (CEA) to accomplish several distinct legislative objectives, including: providing for two additional days of advance polling; moving the next fixed election date; regulating voting at long-term care institutions; updating the process for voting by mail (special ballot); regulating voting at post-secondary educational institutions; amending the requirements relating to political parties’ policies for the protection of personal information; amending or creating new prohibitions pertaining to the electoral process; amending the regime applicable to third-party financing; granting new powers to the Commissioner of Canada Elections (CCE); and requiring the Chief Electoral Officer (CEO) to report to Parliament on potential changes to the electoral process."

51 Sets of Presidential Election Rules in the United States

 I can't wrap my head around this but this is the reality for our neighbours to the South.

The National Conference of State Legislatures in the United States has prepared an explanation called After the Voting Ends: The Steps to Complete an Election:

"An election isn’t over when the polls close. It’s over when election administrators complete their postelection activities and the election results are certified. As with everything else related to elections, state law governs these postelection processes—and there are 51 models. (The states plus Washington, D.C.)."

There are explanations for how and where and when different states count ballots, including mail-in ballots; deadlines for certifying the results; the rules for contesting the results; rules for interpreting the intent of voters whose ballots are marked ambiguously or incorrectly completed, etc.

October Issue of Connected Bulletin on US Courts and Social Media

 The October 2020 issue of Connected is available online. The bulletin covers news about the impact of social media on courts.

One of the articles is about how American court communications officials should prepare for the chaos that may ensue if a contested US presidential election ends up in litigation.

The bulletin is published by the Virginia-based National Center for State Courts (NCSC) and the Conference of Court Public Information Officers.

Georgetown University Law School Report on US State Laws Barring Private Paramilitary Groups

Georgetown University’s Institute for Constitutional Advocacy and Protection (ICAP) has produced a report outlining the constitutional and statutory provisions in each of the 50 American states relevant to paramilitary and private militia activity at political rallies.

Given the increased appearance of members of such armed extreme right movements on American streets to intimidate anti-racism protestors, and given the apparent encouragement of such groups by US President Trump in last night's presidential election debate when he called on the violent hate group Proud Boys to "stand back and stand by", remarks widely condemned as being supportive of the far right, the report is very valuable and disturbing:

"ICAP has categorized the relevant state laws into four groups: (1) constitutional provisions requiring the subordination of the military to civilian authorities; (2) statutes restricting unauthorized private militia activity; (3) anti-paramilitary-activity criminal laws; and (4) prohibitions on the false assumption of the uniform or duties of a peace officer or member of the military. The report describes these categories in more detail below and notes which states have statutes or constitutional provisions falling into each category. Following that summary is a chart listing each state’s relevant provisions, and finally each constitutional or statutory provision in full, organized by state. The chart also includes annotations of relevant case law."

"In gathering these laws in one place, ICAP hopes to bring to the attention of states and localities a fuller range of tools on which to draw in preparing for and responding to rallies and other public events that raise public safety concerns. This report does not purport to catalog the wide range of additional statutes that may limit, within constitutional bounds, the behavior of those who plan, attend, and protest at rallies and other public events. Nor does the report address statutes that restrict the possession of firearms or limit local regulation of firearms, which also may be relevant to such events. The report ICAP does not guarantee that the constitutional provisions and statutes included in this report exhaust the universe of state law applicable to paramilitary and private militia activity. To ensure accuracy, completeness, and the most up-to-date language, please consult official sources before relying on any of the statutes in this report."

ICAP has also produced fact sheets for all 50 states "explaining the laws barring unauthorized private militia groups and what to do if groups of armed individuals are near a polling place or voter registration drive."

Each fact sheet comes with a table or checklist on how US voters can recognize the presence of armed militias at voting stations. 

The fact that US citizens need to be educated about this is a truly scary situation:

ICAP put together the documentation with the pro bono assistance of law firms Akin Gump Strauss Hauer & Feld, Jones Day, and O’Melveny & Myers.

Law Library of Congress Report on Regulation of Foreign Involvement in Elections

The Law Library of Congress in Washington recently published a comparative law report on the Regulation of Foreign Involvement in Elections (written in August 2019):

"This report by the foreign law research staff of the Law Library of Congress’s Global Legal Research Directorate includes surveys of thirteen major democratic foreign jurisdictions on laws and policies addressing foreign involvement in elections. "

"Reports of foreign interference in recent elections in the United States and elsewhere have prompted responses in several countries. For example, Australia enacted a new law in 2018 imposing limits on foreign donations to parties and candidates, and also prohibited other political actors from using foreign donations to fund political expenditures. Australia also adopted a Foreign Influence Transparency Scheme, which requires persons undertaking political activities for foreign principals to meet registration and disclosure requirements. Australia also legislated new criminal offenses involving foreign interference, including the offense of 'intentional foreign interference,' which provides for imprisonment for up to 20 years for covert or deceptive conduct on behalf of a foreign principal intended to influence a political or governmental process."   

"Canada also enacted a new law in 2018. The Elections Modernization Act provides that only Canadian citizens or permanent residents can contribute to parties or candidates, and that third parties may not use funds for a partisan purpose during a pre-election period if the source of the funds is a foreign entity. The new law creates offenses prohibiting foreign actors from unduly influencing an election and Canadians from colluding with foreign actors for this purpose."

(...)

"Most of the other countries surveyed in this report similarly have laws prohibiting foreign donations. Donations typically are defined broadly to include all forms of support having monetary value, including provision of services." 

The Law Library of Congress is the world’s largest law library, with a collection of over 2 and a half million volumes from all ages of history and virtually every jurisdiction in the world.

Over the years, it has published dozens of comparative law reports which are a treasure trove for legal research on a huge variety of issues.

Library of Parliament Publication on Electoral Systems and Electoral Reform in Canada and Elsewhere

Earlier this year, the Library of Parliament published an overview of Electoral Systems and Electoral Reform in Canada and Elsewhere:

"Over the years, the system Canada uses to elect members of Parliament has been a frequent subject of discussion and examination. The electoral system Canada currently uses, known as a plurality or first-past-the-post system, has been employed for every federal election since Confederation."

"An understanding of the operation of Canada’s electoral system, along with its alternatives, is important for ensuring that the way citizens elect their representatives continues to reflect public expectations and demands."

"Recently, the government committed to establishing a special parliamentary committee to consult on electoral reform, including preferential ballots, proportional representation, mandatory voting and online voting."

"This paper provides an overview of Canada’s electoral system, a description of the main alternative electoral systems used in other countries, a review of past Canadian federal and provincial electoral reform initiatives, and information on mandatory voting, online voting and lowering the voting age."

"The appendix contains a map showing electoral systems and voter turnout - one indicator of the efficacy of electoral systems - around the world."

When Does an Elected Candidate Become an MP?

This is a follow-up to the post of October 21, 2015 entitled Library of Parliament Article on Opening of Next Parliament.

In July, the Library of Parliament updated a publication that explains When Does an Elected Candidate Become a Member of the House of Commons?:

"It is not entirely clear at what precise moment a successful candidate in a federal election technically becomes a member of the House of Commons. Among the dates used to mark this transition, the most important are:

• polling day/election day;
• the day the election writ is returned to the Chief Electoral Officer;
• the day the Chief Electoral Officer sends a certified list of members to the Clerk of the House of Commons;
• the day the member takes the oath of office; and
• the day the member takes his or her seat."

"This paper will examine arguments for and against each of these as the date on which a duly elected person should be considered a member of the House of Commons."

Library of Parliament Article on Opening of Next Parliament

The Library of Parliament's HillNotes blog published an article called Welcome to Canada’s 42nd Parliament! that explains what happens now that the federal elections are over.

It covers the following steps:

• Convening Parliament 
• Swearing-in procedure
• Formal opening of Parliament 
• Parliamentary committees

Webcast of the Quebec Bar Association Federal Election Debate

This is a follow up to the Library Boy post of October 6, 2015 entitled Quebec Bar Association Federal Election Debate Live Webcast Tomorrow.

Yesterday, the Quebec Bar Association organized a debate about justice issues with representatives from parties running in the October 19 federal elections.

The webcast has been archived on the Bar Association's votrejustice.ca website.

The Bloc québécois, the New Democratic Party and the Liberal Party of Canada took part. The Conservatives and the Greens did not take part.

Quebec Bar Association Federal Election Debate Live Webcast Tomorrow

This is a follow-up to the Library Boy post Elections 2015: Parties Respond to CBA Questions on Access to Justice of September 24, 2015.

Tomorrow starting at noon, the Quebec Bar Association is organizing a debate in Montreal about what the major federal parties running in the October 19 elections are proposing in terms of justice policies.

The debate will be webcast live on the Association's website Votrejustice.ca.

The main topics to be covered in the debate are:

• access to justice
• criminal law and sentencing policies
• administration of justice
• social issues (right to die, murdered and missing aboriginal women, refugees etc.)

Canadian Library Association Launches Federal Election Website

The Canadian Library Association (CLA) has launched the website votelibraries.ca.

The site outlines the Canadian library community's main priorities concerning the future of libraries in the country in the context of the upcoming October 19 federal elections.


They are:

• unstable funding for Library and Archives Canada and cuts to federal government libraries
• the long form census
• copyright

It also offers summaries of the positions of the major parties running in the elections relating to issues such as rural broadband service, social infrastructure, the census, among others.

Elections 2015: Parties Respond to CBA Questions on Access to Justice

This is a follow-up to the Library Boy post of September 1, 2015 entitled Canadian Bar Association 2015 Election Engagement Kit.

During the current federal election campaign, the Canadian Bar Association (CBA) asked the main political parties (Greens, Bloc, Liberals, Conservatives, New Democrats) to answer questions about their vision for equal justice.

The parties' responses have now been made available.

They were asked three questions:

• What would your government do to bolster federal leadership on ensuring that Canada’s civil legal aid system serves the essential legal needs of all people who need help?
• What would your government do to ensure people have the legal help they need when they face criminal charges or are incarcerated?
• What would your government do to save taxpayers’ money by providing adequate legal aid to help meet people’s legal needs at an early, preventive stage

Canadian Bar Association 2015 Election Engagement Kit

The Canadian Bar Association has produced an Election Engagement Kit that will "put equal access to justice on candidates’ radar and publicly call for enhanced federal leadership in this area".

The Kit includes tips for members on how to:

• Ask questions when candidates come knocking on your door.
• Attend and raise these issues at all candidates’ meetings.
• Contribute to the online debate and tweet about it by using the hashtag #whataboutalex.

Library of Parliament Legislative Summary of the Citizen Voting Act

In the most recent Weekly Checklist of federal government publications,  there is a link to a legislative summary of Bill C-50, the Citizen Voting Act:

"The bill modifies the conditions that Canadians living abroad must meet in order to vote in a federal election. It also provides mechanisms to help Elections Canada remove the names of non-citizens from the National Register of Electors. It does so by:

• eliminating the register of electors who temporarily reside outside Canada and incorporating the information found in it into the Register of Electors;
• requiring Canadian electors who reside abroad to apply for registration and a special ballot after the writs are issued at each federal election and stipulating that electors may only receive a special ballot for the address at which they last resided in Canada;
• requiring applicants for a special ballot who reside in Canada or who temporarily reside outside Canada to include proof of identity and residence (and proof of Canadian citizenship for those applying from outside Canada) in their application for registration;
• requiring an external auditor to report on election workers’ compliance with special ballot voting procedures and requirements for every election;
• authorizing the Minister of Citizenship and Immigration to provide the Chief Electoral Officer (CEO) with information to help the CEO to delete the names of non-citizens from the Register of Electors; and
• adding the offences of attempting to vote by special ballot while knowing that one is not qualified to vote (electors temporarily residing outside Canada and electors residing in Canada), improperly attesting to the residence of more than one elector and attesting to the residence of an elector when one’s own residence has been attested to."

It is possible to follow the progress of the Bill on the LEGISinfo website.

The Weekly Checklist includes a listing of titles made available by the Parliament of Canada, federal departments, and Statistics Canada to the Depository Services Program for distribution to a network of Depository Libraries in Canada and abroad.   

Library of Parliament Publication on Officers of Parliament

The Library of Parliament has updated a research publication that describes the Appointment of Officers of Parliament: 

"Officers of Parliament are responsible directly to Parliament rather than to the government or a federal minister. This emphasizes their independence from the government of the day. They carry out duties assigned by statute and report to one or both chambers of Parliament."

"There are eight officers of Parliament: 1) the Auditor General; 2) the Chief Electoral Officer; 3) the Commissioner of Official Languages; 4) the Information Commissioner; 5) the Privacy Commissioner; 6) the Conflict of Interest and Ethics Commissioner; 7) the Commissioner of Lobbying; and 8) the Public Sector Integrity Commissioner.."

"Federally, there is no statutory definition of what constitutes a parliamentary officer; however, the role and function of these officers should not be confused with those of other positions such as the Clerk of either house, the Sergeant-at-Arms, the Law Clerk and Parliamentary Counsel or the Parliamentary Librarian. The latter officials assist Parliament in procedural and administrative matters, whereas officers of Parliament support Parliament in its accountability and scrutiny functions and in carrying out other tasks (...)"

"This document looks at the eight parliamentary officer positions listed above."

November/December 2012 Issue of LawNow

The most recent issue of LawNow is available online.

The magazine is published by the Centre for Public Legal Education Alberta.

The current issue is devoted to the two topics of elections law and privacy law.

LawNow provides credible legal information and interpretation to help Canadian citizens understand law and better protect their interests.

Quebec Bar Association Steps Into Election Campaign

The Quebec Bar Association has launched the Votre Justice (Your Justice) website to raise access to justice issues during the provincial election campaign. Quebecers will be electing Members of the National Assembly on September 4th, 2012.

The Association has identified four issues.

For each one, the website describes the current situation, outlines the Association's position, suggests questions for debate, and (when available) summarizes the proposals of the 5 main parties (Parti libéral du Québec, Parti québécois, Québec solidaire, Option nationale, and Coalition Avenir Québec).

The issues are:

• underinvestment in the justice system
• changes to the tax system to increase accessibility
• justice in the Northern half of the province
• convening a summit on justice in 2013

Library of Parliament Legislative Summary of Bill C-21, the Political Loans Accountability Act

The Library of Parliament has published a legislative summary of Bill C-21: An Act to amend the Canada Elections Act (accountability with respect to political loans):

"Bill C-21 amends the Canada Elections Act with regard to loans, guarantees and suretyships to registered parties, registered associations, election candidates, leadership contestants and nomination contestants (hereinafter collectively called 'political entities')."

"Bill C-21 is based, in part, on Recommendations of the Chief Electoral Officer of Canada to the House of Commons Standing Committee on Procedure and House Affairs Respecting Specific Issues of Political Financing, submitted in 2007 (...)"

"Bill C-21 builds on the 2007 Chief Electoral Officer’s report by proposing the following changes to the Canada Elections Act:

• All loans to political entities, including mandatory disclosure of terms, and the identity of all lenders and loan guarantors, must be transparent.
• Unions and corporations are prohibited from making loans to political parties, associations, and election candidates.
• The amount of loans and loan guarantees that individuals can make are limited within the framework of the permitted individual annual contribution.
• The ability to make loans beyond the annual contribution limit for individuals would be restricted to financial institutions and political entities, and could be provided at commercial rates of interest only.
• Tighter rules would be instituted for the treatment of unpaid loans to ensure that election candidates cannot walk away from those loans."
  

It is possible to follow the progress of the bill through Parliament on the LEGISinfo website.