CBA National / National ABC

CBA National / National ABC Legal Insights & Practice Trends A bilingual (English and French) publication of the Canadian Bar Association, CBA National, is published quarterly in print.

The magazine is printed and distributed by Venture Publishing.

Even though the Saskatchewan government pre-emptively invoked the notwithstanding clause to prevent court challenges to ...
08/16/2025

Even though the Saskatchewan government pre-emptively invoked the notwithstanding clause to prevent court challenges to its legislation requiring parental consent for gender diverse students to use different names or pronouns in schools, the Saskatchewan Court of Appeal ruled this week that courts can still weigh in on the constitutionality of that law.

"Nothing in the remaining text or structure of the Charter, or the Constitution more generally, suggests that the idea of a legislative last word should be equated with a legislature having the only word on the issue of whether legislation limits Charter rights," Chief Justice Robert Leurer wrote for the majority.

Read more about the 4-1 ruling in CBA National:

Saskatchewan Court of Appeal says nothing in the Charter suggests legislatures have the last or only word on whether legislation limits rights

A landmark advisory opinion from the International Court of Justice that clears the way for countries to sue each other ...
08/15/2025

A landmark advisory opinion from the International Court of Justice that clears the way for countries to sue each other over climate change could have ramifications for developed nations like Canada. Learn more in CBA National:

Law In-depth Could Canada be sued for a lack of climate action? New advisory opinion from the International Court of Justice says countries can be held legally accountable for their greenhouse gas emissions and required to pay reparations to those harmed by climate change BY Holly Lake 13 Aug. 2025....

Newly elected Liberal MP Eric St-Pierre is hoping to draw on his environmental and Aboriginal law experience on Commons ...
08/05/2025

Newly elected Liberal MP Eric St-Pierre is hoping to draw on his environmental and Aboriginal law experience on Commons committees. https://bit.ly/46O944h

Heat stress: Employers will have to respond to climate change, and their lawyers need to prepare them for that.
09/14/2023

Heat stress: Employers will have to respond to climate change, and their lawyers need to prepare them for that.

Employers will have to respond to climate change. Their lawyers need to prepare them for that

A chill descends: Competition Tribunal sends mixed message concerning cost award against Bureau for failed attempt to bl...
09/14/2023

A chill descends: Competition Tribunal sends mixed message concerning cost award against Bureau for failed attempt to block telecoms merger

Competition Tribunal sends mixed message concerning cost award against Bureau for failed attempt to block telecoms merger

Sarah Sutherland writes that we need clearer rules on the boundaries separating legal information from legal advice. Oth...
09/14/2023

Sarah Sutherland writes that we need clearer rules on the boundaries separating legal information from legal advice. Otherwise, we will continue to hinder legal tech development that could alleviate strains on the justice system and offer new ways for people to access legal information.

To benefit fully from emerging technologies, law societies need to clarify the boundaries between the two.

Over the cliff: Meddling in Ottawa's plans to regulate the internet is not working out for the Canadian news media indus...
08/31/2023

Over the cliff: Meddling in Ottawa's plans to regulate the internet is not working out for the Canadian news media industry.

Meddling in Ottawa's plans to regulate the internet is not working out for the Canadian news media industry

Disclosing the use of AI in law: Two Canadian courts have issued AI practice directives. But is it really necessary?
08/31/2023

Disclosing the use of AI in law: Two Canadian courts have issued AI practice directives. But is it really necessary?

Two Canadian courts have issued AI practice directives. But is it really necessary?

The struggle against impunity in Ukraine: Lawyers Without Borders Canada is partnering with women lawyers in the country...
08/08/2023

The struggle against impunity in Ukraine: Lawyers Without Borders Canada is partnering with women lawyers in the country to identify cases of sexual violence in wartime

Lawyers Without Borders Canada is partnering with women lawyers in the country to identify cases of sexual violence in wartime

Demanding a right to repair: Bill C-244 would amend the Copyright Act to make it lawful to bypass digital locks.
08/03/2023

Demanding a right to repair: Bill C-244 would amend the Copyright Act to make it lawful to bypass digital locks.

Bill C-244 would amend the Copyright Act to make it lawful to bypass digital locks

Restoring the balance in Canadian copyright law: Rights should revert to the author after the work has been put out-of-c...
08/03/2023

Restoring the balance in Canadian copyright law: Rights should revert to the author after the work has been put out-of-commerce.

Rights should revert to the author after the work has been put out-of-commerce

Quebec’s tough new privacy law: While it has received little media attention, it is likely to be felt across the country...
07/25/2023

Quebec’s tough new privacy law: While it has received little media attention, it is likely to be felt across the country.

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