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Can governments band together in a class action to sue for the consequences of widespread social harms? In a recent ruling, the Supreme Court of Canada answered that question 'yes'. The Court upheld the constitutionality of BC’s legislation permitting recovery for Opioid related harms, including BC’s ability to act as plaintiff for other provincial governments seeking recovery for healthcare costs flowing from the opioid crisis. Interestingly, the majority describes national class actions as an example of “cooperative federalism” and likens them the regulation of interprovincial trade and a cooperative capital markets regulatory system. ❗ Why This Matters: ⚫ Efficiency & Access to Justice: National class actions streamline claims and reduce litigation costs, even among sophisticated and well resourced claimants like the government. ⚫ Market Impact: This decision provides a roadmap for all levels of government to pursue claims flowing from widespread social harms in a single proceeding. This signals the potential for stronger corporate accountability, particularly in businesses with significant environmental effects, ‘sin industries’ like alcohol, gambling, vaping, and those under increasing scrutiny such as social media. This has wide ranging implications for risk and compliance strategies for businesses operating in Canada. ⁉️ Lot’s of important questions follow from this decision: ⚫ Is this a framework for government recovery for climate change? ⚫ Can provinces with notionally more stringent certification tests like Ontario and PEI commence class proceedings in other provinces’ courts? ⚫ What happens if multiple groups of governments have different views on how a particular claim should proceed? Will there be overlapping or competing government class actions? How should the judiciary approach this issue? Read the full decision in Sanis Health Inc. v. British Columbia, 2024 SCC 40 here: https://canlii.ca/t/k84xn Stay informed as we navigate the evolving legal landscape. Follow me for more updates on the evolving Canadian legal landscape and how it may affect your finances or your business. #CanadianLegalUpdate #ClassActionLaw #OpioidCrisis #SCCDecisions #LitigationFinance #LegalInsights #Accesstojustice #A2J

An investigation by the independent COVID-19 Response Inquiry has found that Australia was not adequately prepared for a pandemic. As a lawyer who assisted individuals during the pandemic with advice regarding fines and understanding the rapidly changing public health orders, I have compiled a list of what I believe to be key legal failings resulting from the response: - It treated those in lower socio-economic and ethically diverse areas unjustly, leading to excessive fines and over-policing while under-recognising their needs and contributions to essential services. - The over-policing in lower socio-economic areas further eroded trust in the police. - It highlighted injustices within the current penalty notice system, particularly in New South Wales, which treats children the same as adults—imposing on-the-spot fines of up to $5,000 on minors. - It ignored that it is not an equal playing field out there socially, economically, or in terms of access to services. - It failed to recognise that for many individuals, home is not a safe or desirable place or even just a place with space. - It did not acknowledge that many people in Australia speak a range of languages, necessitating that information about orders and laws be presented in formats other than English. We owe a debt of gratitude to all essential workers. I support keeping the community safe. I believe that during a crisis, we need procedural fairness and social justice more than ever. See the report here: https://lnkd.in/gxSamJtv

Misleading statement of the day in New Brunswick: "An expensive, time-consuming inquiry will not make people remember things differently. We will therefore not be creating a second inquiry into this matter". Another way to state that the entire truth will probably be too embarrassing? Disappointed but not surprised. I'm sure there is much more information they would rather the public not know... but a legal public inquiry is not about making people remember things differently. It's about accountability to the taxpayers and healthcare stakeholders of the province. The Globe & Mail reporting opened up serious and still unanswered issues: Did companies related to CHL really buy up NB properties to rent back to NB government, for its travel nurses, at marked up rates? Did GNB/Vitalite just open up YOUR wallets without any oversight on these for-profit companies. I'm tired of being ashamed of NB leadership. I still want answers and I hope more of NB feels the same way.

The Ministry of Home Affairs has issued an important public notice regarding the denial or refusal of applications for registration and renewal under the Foreign Contribution (Regulation) Act, 2010 (FCRA). This notice provides clarity on the reasons for denial, addressing concerns raised by some associations about unclear rejection rationales. Key points from the notice: Applications are processed under FCRA 2010 and FCRR 2011, with those meeting eligibility criteria granted registration. Denied applications receive email notifications with specific reasons and relevant Act provisions. The notice includes an illustrative list of common reasons for denial, such as: # Lack of activity or defunct status # Pending prosecutions against office bearers # Non-response to clarification requests # Concealment of information # Diversion of funds for anti-development activities # Adverse field inquiry reports # Specific reasons for renewal and registration applications are also provided. The notice emphasizes that this list is not exhaustive. For further queries, associations can seek assistance from the FCRA support center/helpdesk. This transparency initiative aims to help organizations better understand and comply with FCRA regulations. Associations dealing with foreign contributions should review this notice carefully to ensure compliance and avoid potential registration or renewal issues. #FCRA #ForeignContributions #NGOCompliance #MinistryOfHomeAffairs

What steps can public finance professionals take to ease the overwhelming pressures of social care within local authorities? 🎙 In the latest episode of CIPFA Speaks, CIPFA Social Care Policy Advisor William Burns shares essential lessons-learnt from case studies of best practice in demand management. 🎧 Tune in to explore the practical solutions that can benefit local government and its communities: https://lnkd.in/e4V-xy3D #CIPFASpeaks #PublicFinance #socialcare

TRUTH AND RECONCILIATION COMMISSION: CTA #41 (complete!) https://lnkd.in/gHh8-yip Why “COMPLETE”? Although technically complete, Call to Action # 41 still has an active, ongoing MMIWG Action Plan to deliver 231 Calls to Justice that need to be tracked and reported on. June 5, 2023: CBC released “Mother. Sister. Daughter: a MMIWG Project” tracking progress on all 231 Calls to Justice of the MMIWG Inquiry. The results: after 4 years, only 2 Calls to Justice have been completed and around 50% have not even started. See the “Mother. Sister. Daughter” section below for full details including a link to the report. Entitled Reclaiming Power and Place, the National Inquiry’s two-volume final report released on June 3, 2019 calls for transformative legal and social changes to resolve the crisis that has devastated Indigenous communities across the country. It delivers 231 individual Calls for Justice directed at governments, institutions, social service providers, industries and all Canadians in addition to the recommendations and calls for immediate action included in the Interim Report. This Call to Action is stalled because the National Action Plan – widely panned by Indigenous leaders – has not been implemented and tracked.

TRUTH AND RECONCILIATION COMMISSION: CTA #41 (complete!) https://lnkd.in/gMknVXEi Why “COMPLETE”? Although technically complete, Call to Action # 41 still has an active, ongoing MMIWG Action Plan to deliver 231 Calls to Justice that need to be tracked and reported on. June 5, 2023: CBC released “Mother. Sister. Daughter: a MMIWG Project” tracking progress on all 231 Calls to Justice of the MMIWG Inquiry. The results: after 4 years, only 2 Calls to Justice have been completed and around 50% have not even started. See the “Mother. Sister. Daughter” section below for full details including a link to the report. Entitled Reclaiming Power and Place, the National Inquiry’s two-volume final report released on June 3, 2019 calls for transformative legal and social changes to resolve the crisis that has devastated Indigenous communities across the country. It delivers 231 individual Calls for Justice directed at governments, institutions, social service providers, industries and all Canadians in addition to the recommendations and calls for immediate action included in the Interim Report. This Call to Action is stalled because the National Action Plan – widely panned by Indigenous leaders – has not been implemented and tracked.

 It was not unreasonable for the Officer to consider the RPD and RAD findings as part of the context for assessing the Applicants’ H&C request. Urmi V. Canada 2024 FC 1822 Date 2024-11-15 [2] The Applicants claim that the decision is unreasonable because the Officer applied the wrong test and ignored evidence they submitted in assessing hardship, ignored significant evidence about their establishment in Canada, and failed to properly assess the best interests of their children. [3] For the reasons set out below, this application for judicial review will be granted. The Officer made three reviewable errors in relation to central aspects of the Applicants’ H&C claim. Together, they render the decision unreasonable. [6] …... The Applicants are a family originally from Bangladesh: the PA, Shah Mohammad Sagir is her husband; the couple have three children, Ridwan (16 years old at the time of the H&C); Sadia (10 years old) and Wasiu (7 years old). The PA, her husband and the two older children are citizens of Bangladesh; the youngest child was born in the United States and is an American citizen. [12] The Officer refused the Applicants’ H&C request, after assessing four elements: their establishment in Canada, adverse country conditions, mental health concerns and the best interests of the children. … [15] On best interests of the children, the Applicants had advanced two main claims. First, they noted the challenges in Bangladesh relating to the education and health care systems, as well as the challenges they would face providing for their children because of the overall economic and social situation there…. 20] The Applicants submit that the decision is unreasonable because the Officer applied an exceptionality test in assessing the H&C application, and because the Officer ignored material evidence in assessing their establishment and the hardship they would face in Bangladesh. They also claim that the Officer failed to properly assess the best interests of their three children. [36] Finally, I find that the Officer focused too much on the negative findings made by the RPD and RAD, without engaging with the specific claims advanced by the Applicants regarding the risks and hardships they will face on a return to Bangladesh…. [37] …… the Officer’s negative decision on the Applicants’ H&C application is unreasonable. The application for judicial review will be granted. The decision will be quashed and set aside, and remitted back for reconsideration by a different officer. The application for judicial review is granted.

📊 Regulatory Judgements: the ups and downs 📉 In our latest blog, Catherine Romney and Sue Harvey delve into the recent spate of Regulator for Social Housing upgrades. Understand the key factors behind recent upgrades and how housing providers are achieving top grades in governance and viability. 👉 https://loom.ly/rSiFlr8 #UKHousing #Regulation #Insights

Taxpayers who received Canada Emergency Response Benefit (CERB) or other COVID-19 benefits and are being audited by the Canada Revenue Agency (CRA) are largely losing their appeals. The CRA is aggressively pursuing those who they believe wrongly received benefits, and the courts are siding with the agency. The situation highlights the need for clear and comprehensive guidance when it comes to government assistance programs, as well as the difficulty of navigating complex rules and regulations. #CRA #CERB #Taxpayers #COVIDBenefits #CanadaFinance