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Results: 1 - 15 of 1905
View Brian Jean Profile
CPC (AB)
I'll just mention that the courts already have within their purview the power to do so, if they find there's been bad faith at some point in the litigation. They certainly can award special damages and indicate on those damage awards why that is so. It's not necessary; the courts already do that.
View Brian Jean Profile
CPC (AB)
This sounds very similar to the Woodmen's Lien Act in Alberta, and other acts where a dispute about a product is available and people can put up a bond, in essence, in relation to this. It's very common in many pieces of legislation across the country. Is that fair to say?
View Brian Jean Profile
CPC (AB)
If I may, Mr. Chair, my understanding is that it could be cured for six months. If there's a failure on the title, or in this case, it's not the title, but there's a six-month window, that gives the opportunity to lawyers, who of course are patent officers who register these, to send them off. When they bring them back, if they see that it's not a perfect registration, they have a six-month window to be able to perfect it, with a letter. If it's not within that six-month window, and they find out through negligence or some other challenge to their right in three or four years, then they have to go to court for a settlement of that.
View Brian Jean Profile
CPC (AB)
This actually reflects perfectly what our society is built on, which is the [Inaudible--Editor] system of land and the perfection of registration of land titles.
Would that be fair to say?
View Brian Jean Profile
CPC (AB)
I was just going to comment that, to my understanding, there was a strict liability clause, in that they had to have actually read the sections or knew the sections.
Is that correct?
View Brian Jean Profile
CPC (AB)
My understanding is that's been taken out so that it's a general intent mens rea under the Criminal Code, which is standard with all Criminal Code offences. There can be specific knowledge or general knowledge, the idea that somebody would know because they ought to have known, which is the clause that I think you referred to generally.
Is that fair to say—my analysis?
View Brian Jean Profile
CPC (AB)
In fact, it makes it much better for prosecution. Under the old law my understanding is that it was just about impossible to get any kind of finding of guilt because of the nature of the specific strict liability offence.
Is that fair to say?
View Brian Jean Profile
CPC (AB)
Thank you, Mr. Chair.
Very quickly, I understand that if you look at OHS Canada, Canada's occupational health and safety magazine, you'll see that it has even recognized in several articles, one in particular, that there is an issue with the law. My understanding is that this fix proposed by the government is a result of cases such as the Canadian Labour Relations Board heard in Alan Kucher v. Canadian National Railway Company, where it was found that, under the current definition, a refusal of work could be decided on the basis of 20 years of working habits with somebody, and in the circumstances, it found that it was adequate, even though in my mind, after reading some of the facts behind the case, I find it kind of ridiculous.
I think the response by the government is a result of an uncertainty in the law even recognized by that particular industry in Canada.
View Brian Jean Profile
CPC (AB)
I think what Mr. Rankin might be referring to is legislation that deals specifically with federal jurisdiction matters. I'm not sure, but possibly in this particular case it's a joint jurisdictional issue, provincially and federally and possibly municipally, and that would make sense as to why those particular clauses aren't present in this legislation.
View Brian Jean Profile
CPC (AB)
Mr. Chair, I do have one question in relation to PV-20.
I wasn't sure from what I heard, but it seemed that Ms. May was actually restricting the persons who might be considered as interested entities to specifically territories and provinces.
I was wondering if that was what she suggested in her—
View Brian Jean Profile
CPC (AB)
Mr. Chair, why is she restricting it to just the provinces and territories, as it seems here?
View Brian Jean Profile
CPC (AB)
View Brian Jean Profile
CPC (AB)
It reminds me a lot of some omnibus legislation brought in by the Liberals in the late 1990s or early 2000s. It's very similar. There were some strange things that didn't need to be in that bill, setting the precedent, Mr. Brison.
View Brian Jean Profile
CPC (AB)
You're not that bad, Mr. Chair.
View Brian Jean Profile
CPC (AB)
Thank you, Mr. Chair.
Thank you to all the witnesses today who have come to provide testimony.
I want to say, Ms. Benson, in reply to something you said to one of my colleagues, that it's not a race to the bottom. But it's not a race to the top, either.
I think it's about fairness and competitiveness, and that's why you have to look at the private sector. I'm from Fort McMurray. I've lived in Fort McMurray my entire life. I've operated and owned about 15 businesses there, everything from car washes to a law firm. I was a lawyer there for 11 years, and I've never seen more money paid for less work in my life than what I've seen generally around here. I'm not saying it's everybody. I'm not saying that at all, because some people work like dogs, bluntly, as was said by Mr. Stroud, and provide a tremendous service.
I find that, frankly, it's the exception rather than the rule who are not providing what they need to provide. I think that exception should be dealt with differently.
I do have some questions for Mr. Thomas. In particular, Mr. Thomas, I want to talk about the private sector because I think that's the only fair comparison for the public sector, not just on work but on basically what they provide to the economy.
I asked some questions like this yesterday.
There are about 1.1 million small businesses in Canada; 48% of the people in Canada are employed by small businesses, just over 5.1 million people; 86% of Canadian exporters were small businesses; 42% of the country's private sector GDP are small businesses; and 28% of the country's total GDP came from businesses employing fewer than 50 people. It's a very significant impact.
The most startling thing is—and I think, Ms. Benson, you should be aware of this—the average wage of these small business owners is $38,000 a year. In most cases, they can't collect EI or maternity benefits. They don't get sick days. They pay their taxes, they do what's necessary. I've heard some people say that they take cash under the table. I frankly find it astonishing that people believe that, because I've never found that. I find that small business owners are the most honest people that I've dealt with, because they understand how hard it is to make a buck, and they want to utilize taxes or what taxes give you, roads, bridges, streets, hospitals, etc.
Can you comment on that, in relation to competitiveness? I, bluntly, am astonished at the wages. As a lawyer, I had people in Fort McMurray with the highest income in Canada at $185,000 per household. As a lawyer, I had people make much less money than what the public service starts people at, for less experience.
Results: 1 - 15 of 1905 | Page: 1 of 127

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