BarTalk December 2021 | Criminal Law

Page 9

advocacyinaction This month, we look at how CBABC’s advocacy seeks to improve the criminal justice system and protect solicitor-client privilege. REFORMING THE POLICE ACT A year ago, the provincial government appointed a Special Committee on reforming the 45-year-old Police Act. Their mandate was to examine and make recommendations on reforms to modernize policing, with a focus on the role of police in complex social issues. Four central themes emerged: Reconciliation

Our Submission on Reforming the Police Act was released to the Special Committee on April 30, 2021. CBABC Vice-President, Aleem Bharmal, was invited to speak before the Committee on July 28. We are currently waiting for the Committee’s final report to be presented to the Legislative Assembly.

COMBATTING MONEY LAUNDERING When it comes to protecting solicitor-client privilege, CBABC strongly opposes suggestions that lawyers should report client transactions and services to government agencies or police, as clients depend on this confidentiality. The CBA acted as Intervener in the 2015 Federation of Law Societies case, where the Supreme Court of Canada held that any provisions of anti-money laundering legislation that requires lawyers to report are struck down.

and anti-racism

Accountability Police

in community

Systemic

change

CBABC assembled volunteer members from several Committees and Sections: Access to Justice, Equality & Diversity, Indigenous Justice Advocacy, Legislation & Law Reform, SOGIC, and Social Justice. These lawyers and law students considered the testimony and submissions offered to the Special Committee and identified several recommendations: Importance

of collecting and reporting disaggregated demographic data

Improving

accountability for police-involved deaths

Addressing

the undesirable effects of police seizure of personal property

Changes

in disciplinary proceedings for police

The

need for minimal reliance on firearms and lethal weapons by police

\ EMAIL: ADVOCACY@CBABC.ORG

More recently, CBABC was granted Participant status in the Cullen Commission Inquiry into Money Laundering in BC, which wrapped up October 2021. During the inquiry, there was lack of evidence to support that lawyers and their practice are a “black hole” facilitating money laundering through the provision of legal services. CBABC argued that existing regulatory requirements developed and enforced by the Law Society of BC are sufficient. After two years of hearings, the Commission’s final report is scheduled for release later this month.

uuu Read more about CBABC’s participation in the Cullen Commission in Kevin Westall’s article on p. 25. Want to get involved? reach out to us at advocacy@cbabc.org.

Fall 2021 Submissions Advocacy committees have been actively releasing submissions on behalf of members in alignment with Agenda for Justice 2021. Reforming BC

Court Scheduling

Government Budget 2022 Submission

Civil

Jury Trials

Modernizing Land

the Child Protection System

Owner Transparency Act Deadline

Self-Regulation

and LSBC Governance

DECEMBER 2021 / BARTALK 9


Turn static files into dynamic content formats.

Create a flipbook

Articles inside

Annual Report and CLBC’s 30th Location

2min
page 33

BarMoves

3min
pages 34-36

I’m Not a Miracle Worker. I’m a Janitor

3min
page 31

So what technologies are out there for a criminal lawyer to run their practices?

2min
page 29

Tackling Racial Disparities in Legal Education

3min
page 24

Commercial Crime

3min
page 25

Cannabis in Canada

6min
pages 22-23

Calls to Decriminalize Simple Drug Possession Expand as Overdose Epidemic Worsens

3min
page 21

The Secret to Getting Engaged

3min
page 20

Professional Development

1min
page 19

Gladue Principles and Indigenous Identity

3min
page 14

Making Settlement Conferences Work for Unrepresented Litigants

3min
page 18

Elder Abuse and Neglect

3min
page 17

Indigenous Children, Youth, and Family Identity

2min
pages 15-16

Failure to Obey Court Orders

3min
page 13

Advocacy in Action

2min
page 9

Learning to Unlearn

3min
page 5

Transformative Justice and Gender-Based Violence

3min
page 8

Working With Your Regulator While Police Watch

3min
page 7

Having the Difficult Conversations

3min
page 4

One Size Does Not Fit All

3min
page 12

Defending White-Collar Crime Cases

3min
pages 10-11

Imprisonment, Truth, and Reconciliation

3min
page 6
Issuu converts static files into: digital portfolios, online yearbooks, online catalogs, digital photo albums and more. Sign up and create your flipbook.