Tuesday 31 January 2023

New Brunswick hands service commissions $40M for economic development, newcomer retention

 

New Brunswick hands service commissions $40M for economic development, newcomer retention

Money to be split among 10 of province's 12 commissions as they take on new tasks

The New Brunswick government says it will transfer $40 million over the next decade to the province's regional service commissions to fund economic development, newcomer retention and labour force development.

The spending was announced Tuesday a month after local governance reforms required the commissions to offer more services. 

The funding will be allocated to 10 of the 12 commissions based on a per capita formula. The Fundy Regional Service Commission around Saint John area and the Capital Regional Service Commission around Fredericton are excluded because they have separate agreements with the province.

"This is actually focused on a couple of key issues around population growth, making sure we maintain that growth, making sure that we meet our labour market demands," Trevor Holder, the province's minister of Post-Secondary Education, Training and Labour, told reporters. 

A man with his mouth partly open shown with another man listening in the background. Daniel Allain, New Brunswick's minister of Local Government and Governance Reform, says the move is meant to allow each region to decide what works best for them. (Shane Magee/CBC)

Holder and Daniel Allain, the minister of Local Government and Governance Reform, said the funding will allow each region to decide what works best for their area instead of having decisions made by the province.

"Fredericton is not that smart. People in regions are smarter," Allain said during a press conference in Moncton attended by various mayors, regional commission staff and others.

The ministers said the government will sign performance-based funding agreements with the commissions.

The 12 commissions, which began in 2013, were originally mandated to provide services like solid waste and regional planning. They could opt to also offer some other services like regional tourism promotion and economic development.

Local government reforms that kicked in Jan. 1 expanded the required services to economic development, community development, regional tourism promotion, regional transportation and cost sharing on regional recreational infrastructure.

On economic development, the ministers said the commissions can take on the task in-house or use a third-party organization. 

Moncton, Dieppe and Riverview had jointly funded an economic development agency called 3+ Corp.

Roland LeBlanc, CEO of the commission, said the Southeast Regional Service Commission that includes those communities had already opted to carry out economic development. He said some 3+ employees now work for the commission and the mandate will expand to the region. 

"So a bit of a change with this new funding — very exciting for the region — it gives us a great opportunity to invest in workforce development, workforce retention and population growth," Leblanc said. 

A woman looks up to the right with an Acadian flag in the background. Moncton Mayor Dawn Arnold hopes the funding will help to retain people in the community. (Shane Magee/CBC)

Moncton Mayor Dawn Arnold said much of the existing immigration services funding is focused on permanent residents, which left international students and others largely to volunteer groups to support. 

"We need to be able to provide the proper services to attract, retain and give newcomers that real sense of belonging in our community," Arnold told reporters, saying it's hoped the funding will allow that to happen.

Dan Murphy, executive director of the Union of Municipalities of New Brunswick representing communities across the province, told reporters the funding is a good start. 

"What we've been looking for anytime we deal with the province is a long-term period that it's agreed to. Ten years is certainly a good start for that," Murphy said. 

Allain told reporters the province will be making more announcements in the future about the other aspects of the commissions and local governance reforms.

Corrections

  • An earlier version of this story said incorrectly that the funding is for 11 service commissions. In fact, it's for 12.
    Jan 31, 2023 5:48 PM AT

ABOUT THE AUTHOR


Shane Magee

Reporter

Shane Magee is a Moncton-based reporter for CBC. He can be reached at shane.magee@cbc.ca.

CBC's Journalistic Standards and Practices
 
 
 
37 Comments
 

 
David Amos 
Welcome back to the circus
 
 
David Amos 
Reply to David Amos 
"Fredericton is not that smart. People in regions are smarter," Allain said during a press conference in Moncton attended by various mayors, regional commission staff and others.  
 
 
David Amos 
Reply to David Amos
"The changes will see the province adopt some of the 12 recommendations made by an expert panel in a report released last week, but ignore others.

Allain said the province had heard concerns from communities about fully implementing the suggestions at this point.

He said the formula the province is establishing should be reviewed in five years, but the legislation won't require that review. " 
 
 
Bud Gardiner 
Reply to David Amos 
Is this the circus with Ringmaster Jiggs & The Inane Clown Posse where nothing (even though there are no magicians in the show) is actually what it appears to be? 
 
 
David Amos 
Reply to Bud Gardiner  
Yup
 
 
 
 
 
Jack Straw 
What a total joke the Higgs government is. A total joke.  

 
David Amos 
Reply to Jack Straw 
On Oct 4th Mr Cyr asked an interesting question that Higgy will never answer correct?

"Sounds like they want to bring back county level gov. Why not just setup the old county system and fund per capita for those services run by them if they feel funding municipalities is too much an issue?" 

 
David Amos 
Reply to David Amos
My Father had this job when Higgy and I were kids

An Act to Authorize the Municipality of the County of Westmorland to Employ a County Manager or Administrator, SNB 1956, c 143

 

 
 
David Amos
"Dan Murphy, executive director of the Union of Municipalities of New Brunswick representing communities across the province, told reporters the funding is a good start.
"What we've been looking for anytime we deal with the province is a long-term period that it's agreed to. Ten years is certainly a good start for that," Murphy said."

Yea Right 

 
David Amos
Reply to David Amos
Go Figure

Alex Scholten, president of the Union of Municipalities of New Brunswick spoke to reporters at the legislature in Fredericton on Oct. 4, 2022. He said the association representing 61 communities supported local government reforms with the understanding there would be funding to cover added costs. But, he said the changes announced represent a downloading of responsibilities taxpayers may need to cover.

"It's not something we particularly cherish in terms of having to charge residents more, but it is going to be difficult decisions around the budget tables across the province this year."

 

 
CanadaIsProudToBePartOF TheBritishCommonwealth

We will save a lot of money when we stop teaching Anglophone students to be illiterate in English just so that a small group of politicians from Quebec can force their obsession with French onto all Canadians.
 
 
David Amos
Reply to CanadaIsProudToBePartOF TheBritishCommonwealth
"To encourage thoughtful and respectful conversations, first and last names will appear with each submission to CBC/Radio-Canada's online communities. Pseudonyms will no longer be permitted."  
 
 
Jim Gootjes  
Reply to David Amos
Smart idea. I like that.


David Amos
Reply to Jim Gootjes 
Do you know about my beef with corporate bosses? 
 
 
Robert Losier 
Reply to David Amos
Really? Now how would anyone ever manage to keep up with your anti-government robo-posting, let alone have time to follow your similar one-sided almost everything else.
 
 
 
 
 
Fred Brewer
Big whoop. It sounds like a lot of money until you get out the calculator and that's when you realize it is only $360,000 per year per commission. Yawn. 
 
 
Michael Cain
Reply to Fred Brewer 
Some commissions will probably get much more, such as those which have higher populations and a well-established municipal government. How they will determine performance should be interesting as well. The LSDs have yet to find out how much they will be getting, and what bills they will be stuck with. 
 
This do-nothing government has been promising to spend a lot of money over the next few years; all part of the election cycle, I guess. This could all disappear with the next government, and have to be renegotiated.  
 
 
Mathieu Laperriere 
Reply to Michael Cain
It also said the Saint John commission had its own deal seperate from the others. I wonder what that is all about? Not transparent enough, yet again.
 
 
Sam Smithers 
Reply to Michael Cain
This "do nothing" government has accomplished more than any gov't over the last many decades. And has done it while we deal with the one of the worst fed. gov'ts in history while running Canada into the ground. 


Sam Smithers 

Reply to Fred Brewer 
Here is a shocker, a Higgs hater doing more complaining. Complain when they don't spend money, and complain when they do. It is called spending within out limits, something Lib supports never have, and never will understand. 
 
 
David Amos
Reply to Sam Smithers
Methinks everybody knows I an no fan of Freddy Baby but I do believe he is using his real name as per the rules of this forum. However I have every right to suspect that you are using the name of the "Deacon of Death" because you do not wish to be known N'esy Pas?
 
 
Michael Cain
Reply to David Amos
sounds cowardly huh?
 
 
David Amos 
Reply to Michael Cain 
On Oct 4th you answered Pierre Cyr's question correct?

"Sounds like they want to bring back county level gov. Why not just setup the old county system and fund per capita for those services run by them if they feel funding municipalities is too much an issue?"

Me too

FYI My Father was County Administrator Westmorland County until Little Louie centralized the government then he was appointed Supervisor of Taxation for the entire province

https://canlii.ca/t/54z48

An Act to Authorize the Municipality of the County of Westmorland to Employ a County Manager or Administrator, SNB 1956, c 143, < https://canlii.ca/t/54z48> retrieved on 2023-01-31

 
Sam Smithers  
Reply to David Amos
That Sam I am, that Sam I am, just don't feed me green eggs and ham
 
 
Sam Smithers 

Reply to Michael Cain  
Calling people cowardly while you block people who outwit you on a regular basis. That is almost as classic as the Quebec gov't calling out our gov't about language rights.  
 

Sam Smithers 

Reply to Michael Cain  
If you care to share how smart you are maybe we can compare achievements between our provincial gov't that I support and the federal one you support, maybe pros and cons.  
 
 
 
 
 
G. Timothy Walton   
"Moncton Mayor Dawn Arnold hopes the funding will help to retain people in the community."

Didn't she advertise how cheap houseing was in New Brunswick to get carpetbaggers to buy up our apartment buildings and ratchet up rent? 

 
David Amos
Reply to G. Timothy Walton
Good question  
 
 
David Amos
Reply to G. Timothy Walton
Methinks the lady doth protest too much N'esy Pas?

"We are very anxious to get that comprehensive tax reform in place before any of the equalization payments are changed," Moncton Mayor Dawn Arnold said Monday evening.

Last year, Moncton received nothing under the equalization side, but more than $3.2 million as a core grant. That will be reduced to $2.58 million next year.

"Any loss in revenues is something that we need to make up and it's something that the citizens of Moncton, the taxpayers of Moncton again would lose and they will need to make up the balance," Jacques Doucet, the city's chief financial officer, said Monday.

 
David Amos
Reply to David Amos
'On economic development, the ministers said the commissions can take on the task in-house or use a third-party organization.

Moncton, Dieppe and Riverview had jointly funded an economic development agency called 3+ Corp.

Roland LeBlanc, CEO of the commission, said the Southeast Regional Service Commission that includes those communities had already opted to carry out economic development. He said some 3+ employees now work for the commission and the mandate will expand to the region.

"So a bit of a change with this new funding — very exciting for the region — it gives us a great opportunity to invest in workforce development, workforce retention and population growth," Leblanc said. "

Deja Vu Anyone???

Trial set for former Moncton economic development VP accused of theft, fraud

Daniel Bard, 58, was vice-president of investment attraction for 3+ Corporation

Shane Magee · CBC News · Posted: Dec 15, 2022 12:53 PM AST

 

 

https://www.cbc.ca/news/canada/new-brunswick/new-brunswick-municipal-funding-formula-changes-1.6605462   
 

N.B. government overhauls way it funds municipalities

Province to redirect money to equalization, regional service commission fund

Daniel Allain, the minister of local government and local governance reform, introduced legislative amendments Tuesday afternoon. Funding for communities will be frozen at $75.6 million for five years.

The changes will see a grant municipalities received phased out, with funds redirected to regional service commissions which take on more services.

Allain said the province heard municipalities and their associations calling for stability as major local governance reforms take place. He said that's why some aspects of the existing system will remain as others are phased out. 

"We're trying to stop the highs and lows of municipal reform," Allain said.

Alex Scholten, president of the Union of Municipalities of New Brunswick, speaks to reporters at the legislature in Fredericton on Oct. 4, 2022. (Jacques Poitras/CBC)

Alex Scholten, president of the Union of Municipalities of New Brunswick, says the association representing 61 communities supported local government reforms with the understanding there would be funding to cover added costs.

But, he said the changes announced represent a downloading of responsibilities taxpayers may need to cover.

"It's not something we particularly cherish in terms of having to charge residents more, but it is going to be difficult decisions around the budget tables across the province this year."

Allain, responding to concerns later on Tuesday, said the province isn't cutting spending. Instead it is transferring money to help fund regional service commissions. The minister said that should lower the bills municipalities face to help fund the commissions.

"So, hence, it's pretty much equal," Allain said.

Equalization remains

The funding system in place since 2013 has what's known as a core funding component most communities received and an equalization grant that some received.

Equalization stems from the Equal Opportunity Program in the 1960s. Tax revenue collected by the province is distributed to communities with a lower financial capacity, so residents across the province have access to comparable municipal services.

"Fundamentally, the $75.6 million, what's it for? It's to make sure that we help — as the federal government does to the provinces — that we help municipalities that need not a hand out, but a hand up," Allain said.

While equalization will remain, the formula used to calculate it will compare a community's annual tax base growth to the provincial tax base growth.

Scholten said municipalities wanted changes to equalization.

"This model is not effective," Scholten said. "There was a lot of issues with how the numbers were arrived at, how the formula didn't make a lot of sense when you compared what one municipality got versus another."

Core grant to be phased out

The core grants aspect will be reduced and phased out over five years.

Allain said that's because the province is giving communities the ability to set a local property tax rate on non-residential and heavy industrial properties at a range of 1.4 to 1.7 times the residential rate.

That leaves it to each community to make up for losses from the end of the core grant. 

Allain said the funding isn't being cut but redirected. Instead, it will go into a pool of money used to fund the expanded role of the 12 regional service commissions.

Commissions mandated to deal with things like garbage collection and land-use planning will take on regional economic development, tourism promotion, regional transportation and cost-sharing of recreational infrastructure.

Allain said some commissions had already started carrying out those tasks, but they all will now be required to provide those services.

The government moved to limit time to debate of the bill enacting the changes to speed its passage in the legislature.

New Brunswick Liberal Leader Susan Holt told reporters it's a "huge bill that impacts every single New Brunswicker, even though it's complex to understand," and the party's MLAs will try to represent those concerned about the issue as it is debated.

"We've got less than two days to debate a massive piece of legislation and so it it doesn't feel like democracy," Holt said.

The changes are likely to affect budgets in several of the province's largest cities that received millions in payments that will now be phased out. 

Fredericton received more than $1.9 million as a core grant this year. Figures released Tuesday show that would be reduced to about $1.6 million in 2023. Its regional service commission grant would be about $545,350. 

The association representing the province's cities had called on the province to hold off on changes that would affect their finances until comprehensive tax reforms are implemented, something the province doesn't plan to start until 2024. 

Moncton Mayor Dawn Arnold says cities wanted to have tax reforms completed before seeing changes to the province's funding system. (Shane Magee/CBC)

"We are very anxious to get that comprehensive tax reform in place before any of the equalization payments are changed," Moncton Mayor Dawn Arnold said Monday evening. 

Last year, Moncton received nothing under the equalization side, but more than $3.2 million as a core grant. That will be reduced to $2.58 million next year. 

"Any loss in revenues is something that we need to make up and it's something that the citizens of Moncton, the taxpayers of Moncton again would lose and they will need to make up the balance," Jacques Doucet, the city's chief financial officer, said Monday. 

The changes will see the province adopt some of the 12 recommendations made by an expert panel in a report released last week, but ignore others. 

Allain said the province had heard concerns from communities about fully implementing the suggestions at this point. 

He said the formula the province is establishing should be reviewed in five years, but the legislation won't require that review. 

ABOUT THE AUTHOR


Shane Magee

Reporter

Shane Magee is a Moncton-based reporter for CBC. He can be reached at shane.magee@cbc.ca.

CBC's Journalistic Standards and Practices
 
 
 
40 Comments
 

 
David Amos
Welcome back to the circus  
 
 
 
Pierre Cyr
Sounds like they want to bring back county level gov. Why not just setup the old county system and fund per capita for those services run by them if they feel funding municipalities is too much an issue? Kind of an odd thing to do when they wanted to reduce jurisdictions only to introduce new ones that arent elected. County system seems to work fine in the US tho.  
 
 
Michael Cain 
Reply to @Pierre Cyr: 
Higgs wants to reduce funding and leave it up to the service districts to generate their own revenue by raising property taxes, or maybe even bake sales; the province keeps their hands clean  
 
 
David Amos
Reply to Michael Cain
FYI My Father was County Administrator Westmorland County until Little Louie centralized the government then he was appointed Supervisor of Taxation for the entire province

https://canlii.ca/t/54z48

An Act to Authorize the Municipality of the County of Westmorland to Employ a County Manager or Administrator, SNB 1956, c 143, < https://canlii.ca/t/54z48> retrieved on 2023-01-31

 
 
 
 
 
 
Ken Dwight
"But, he said the changes announced represent a downloading of responsibilities taxpayers may need to cover."

-

And there it is folks!

It's:" Look we have a $700M budget surplus (but their taxes are going up and Irving miraculously goes...down!). Shhh they won't notice, we will just say the key words at election time..all is good" 
 
 
Les Cooper 
Reply to @Ken Dwight: I'm guessing that money will cover cost of Covid Police which needs to be paid  
 
 
Sam Smithers
Reply to @Ken Dwight: surplus is from last year, it is not money they are sitting on, learn how it works. 
 
 
David Amos
Reply to @Sam Smithers
I did so long ago   
 
 
 
 
 
 
Blair Churchill
"government overhauls" translation spends even less, but asks for more.  
 
 
Sam Smithers 
Reply to @Blair Churchill: 
increases in most areas from spring budget sort of puts you on the wrong side of the argument................................. AGAIN!!!  
 
 
Blair Churchill
Reply to @Sam Smithers: 
you must be reading only Higgs tealeaves, what he want to tell. I bet you believe there is a surplus and the amount he is preaching, money unspent, I guess you are on the wrong side of the argument.  
 
 
David Amos

Reply to @Blair Churchill: 
Methinks Higgy's spin doctor should grow up and get a real name N'esy Pas?  

 

Milk prices in New Brunswick set to increase 4 cents per litre starting Wednesday

 

Milk prices in New Brunswick set to increase 4 cents per litre starting Wednesday

Rising production costs blamed for increase

A news release from the New Brunswick Farm Products Commission blames the increase on rising production costs faced by dairy producers and processors.

It says dairy farmers are paying more for feed, machinery and equipment repairs, fuel and oil, custom work and hired labour.

The commission says the price adjustment also covers increased costs borne by dairy processors, including for packaging, manufacturing, transportation and distribution.

The commission says farmers will receive 1.7 cents more per litre from the price increase, while processors will get 2.4 cents more per litre.

It says pricing for the school milk program will remain unchanged for the current academic year.

Increase announced last fall

In November, the Canadian Dairy Commission said the so-called farm gate price for dairy will increase by 2.2 per cent starting in February.

The Crown corporation oversees Canada's supply managed dairy system. It sets farm gate prices, which are the amounts that farmers will receive for their product.

In Canada, the dairy industry operates under what's known as a supply management system, where the prices that producers get for things such as milk, cream, yogurt and cheeses are set at a level that is supposed to ensure production and sustainability for the industry. 

Prices can vary at the retail level, but one of the effects of supply management is to set a baseline price that farmers can expect for their basic product when it leaves the farm.

The commission raised the farm gate price by 8.4 per cent last February, just as inflation was walloping every part of Canada's economy.

The group then took the almost unprecedented step of raising prices a second time in the same year, by another 2.5 per cent, starting Sept. 1.

The new prices coming into effect Feb. 1 are approved by the provinces.

CBC's Journalistic Standards and Practices
 
 
 
34 Comments
 
 
 
David Amos
Surprise Surprise Surprise
 
 
 
Stephen Gilbert  
what did you expect, our milk in NB is owned by Quebec-based Agropur Dairy Cooperative. everything is being sold out to companies that are out of province and there goes many jobs and now we have to pay for transportation back to NB. it's a joke. 
 
 
David Amos
Reply to Stephen Gilbert 
Yup
 
 
Ferdinand Boudreau  
Reply to Stephen Gilbert 
You got that right
 
 

Monday 30 January 2023

Trudeau says decision to contract out ArriveCAN app development was 'illogical'

 
 
 
 

Trudeau says decision to contract out ArriveCAN app development was 'illogical'

PM says he's asked Clerk of the Privy Council to investigate procurement practices related to ArriveCAN app

Trudeau said he has asked Canada's top bureaucrat to probe the matter.

Trudeau made the remarks after a report by the Globe and Mail said that GCstrategies subcontracted out $8.3 million of $9 million in federal contracts related to the app's development to six outside companies.

Trudeau was asked why the public service couldn't hire those subcontractors or perform the work itself. "That's exactly the question that I just asked the public service," he said.

"Obviously, this is a practice that seems highly illogical and inefficient and I have made sure that the clerk of the Privy Council is looking into procurement practices to make sure that we are getting value for money and that we are doing things in a smart and logical way," he added.

"Of course, during the pandemic speed was at an essence, helping people quickly was at an essence, but there are principles that we make sure are sound moving forward."

The comments mark the second time in recent weeks the prime minister has deflected blame for contracting decisions to the public service.

Last month, CBC News revealed that Public Services and Procurement Canada (PSPC) awarded Sinclair Technologies a contract worth $549,637 in 2021 to build and maintain a radio frequency (RF) filtering system for the RCMP.

While Sinclair is based in Ontario, its parent company, Norsat International, has been owned by Chinese telecommunications firm Hytera since 2017. The Chinese government owns about 10 per cent of Hytera through an investment fund.

Watch: PM says he has asked the Clerk of the Privy Council to investigate procurement practices:

Feds to review millions spent on ArriveCAN app contracts

7 days ago
Duration 1:58
The federal public service is conducting a review of the millions of dollars spent on developing the ArriveCAN app after a Globe and Mail report revealed the company that Ottawa hired to build the app subcontracted out its work to six outside companies.

At the time, Trudeau promised to look into how the contract was awarded and pledged to ensure that "Canada is not signing contracts with the lowest bidder that then turn around and leave us exposed to security flaws."

"We will have some real questions for the independent public service that signed these contracts, and we'll make sure that this is changed going forward," he said. "It's high time that happens."

ArriveCAN no longer mandatory

The Globe and Mail reports the six companies that received the ArrriveCan contracts include Distill Mobile Inc., which was paid $5.1 million, and Macadamian Technologies Inc., which got $1.8 million. The other firms, which received much smaller amounts, are BDO Canada LLP, Optiv Security Inc./Optiv Canada Inc., KPMG LLP and Level Access. 

The Canada Border Services Agency says $54 million has been budgeted for the operation and development of the ArriveCAN app up to this coming March.

The app was launched during the pandemic as a communication and screening tool to ensure travellers arriving in Canada complied with pandemic border measures. It later became a way for travellers to show their vaccination status.

The app was made optional in October. Travellers no longer need to use it to report their vaccination information — but many of them can still use a feature of the app that allows them to fill out a Canada Border Services Agency (CBSA) declaration form before arriving at customs.

Few travellers used the advance declaration tool at the airports where it was available during the month of October.

CBSA provided CBC News with the number of air passengers who used the app in Montreal's Trudeau airport, Toronto's Pearson airport and Vancouver's international airport — the only airports where the advance declaration feature was available at the beginning of October. CBC cross-referenced those numbers with the number of international arrivals at those airports for the same month.

Out of the roughly 2.4 million arrivals at those airports, just over 320,000 travellers — roughly 13 per cent —  used the app.

ABOUT THE AUTHOR


Peter Zimonjic

Senior writer

Peter Zimonjic is a senior writer for CBC News. He has worked as a reporter and columnist in London, England, for the Daily Mail, Sunday Times and Daily Telegraph and in Canada for Sun Media and the Ottawa Citizen. He is the author of Into The Darkness: An Account of 7/7, published by Random House.

 
 
 

Small Ottawa firm subcontracted ArriveCan app to multinationals, documents reveal

 
Bill Cury

The two-person Ottawa-area staffing company that has received millions of dollars in federal commissions on IT projects subcontracted its work on the ArriveCan app to six other companies, including multinationals such as BDO and KPMG, new documents reveal.

They also show the pay rates that GCstrategies billed the government, which are often in the range of $1,000 to $1,500 per day, per worker. The company has said it keeps a commission of between 15 and 30 per cent.

For months, neither the company nor the Canada Border Services Agency (CBSA) that led the project would reveal the identity of the subcontractors who worked on the ArriveCan app, saying it is confidential third-party information.

MPs studying the issue – including both Liberal and opposition members – told The Globe the new information raises important questions as to why the government turned to a two-person company that charges significant commissions rather than dealing with the larger companies directly or performing the work in-house.

“It’s an atrocious abuse of public dollars,” said NDP MP Matthew Green, who described the arrangement as disrespectful to the public service. “Here we are shovelling money out the back door to people who are running businesses out of their basements. It is scary.”

The Globe and Mail first reported in October that federal spending on the app is on track to exceed $54-million this fiscal year and that the small company that received the most federal work on the app – GCstrategies – relies on a network of subcontractors to deliver on its federal contracts.

The ArriveCan app was initially created in early 2020 as a way for travellers to upload mandatory health information related to COVID-19 to present when crossing the border. The app is no longer mandatory as of Sept. 30, but it continues as a voluntary option.

The CBSA has said the cost of the app began as an $80,000 expense but the bill for the app and its maintenance grew to $54-million, from more than 70 updates to keep up with changing public health guidelines.

The Globe reports on ArriveCan prompted an investigation by the House of Commons committee on government operations, which ordered the company and federal departments to hand over related documents such as contracts. The responses have been arriving in waves and in many cases have been heavily redacted.

Opinion: ArriveCan contracting wasn’t that bad. It was worse

Previous releases of government records included pages of invoices submitted by GCstrategies that left committee members with the impression that the company had put together a team of independent IT contractors to deliver on its ArriveCan commitments.

However, the new documents provided to the committee by the company shed light in terms of where the individual IT workers came from and how much GCstrategies billed the government for their work.

The new documents include written agreements between GCstrategies and six other companies to perform the ArriveCan work. They include BDO Canada LLP; Optiv Security Inc./Optiv Canada Inc.; KPMG LLP; Macadamian Technologies Inc.; Level Access and Distill Mobile Inc.

GCstrategies payments to subcontractors for work related to ArriveCan
Total amount paid in millions from June 2020 to July 2022
SubcontractorTotal amount paid from June 2020 to July 2022
Distill Mobile Inc.5.09
Macadamian Technologies Inc.1.78
Level Access0.50
KPMG LLP0.40
BDO Canada LLP0.32
Optiv Security Inc./Optiv Canada. Inc.0.21

GCstrategies payments to subcontractors for work related to ArriveCan

One document describes $8.3-million in payments to the six subcontractor companies from GCstrategies covering the period of June, 2022, to July, 2022. However the CBSA said that is a typo and should read June, 2020, to July, 2022.

The chart says Distill Mobile Inc. received $5.1-million of that amount, followed by $1.8-million for Macadamian Technologies Inc. Payments to the four other companies were all under $1-million.

Distill Mobile describes itself on its website as an Ottawa-based technology company founded in 2011.

“Need to create an app?” its website asks. “Or perhaps you’ve got a project that needs some senior development expertise to take it to the next level. Whatever it is you need, we can help.”

Four of the six listed subcontractors did not provide a statement in response to The Globe’s questions. A spokesperson for KPMG responded to say the company can confirm it was contracted by GCstrategies. The work was performed by KPMG employees and one independent consultant, the company said. BDO said it cannot discuss client affairs with third parties.

The Distill Mobile contract is dated Dec. 8, 2019, and says the company will work on “multiple mobile applications.” The CBSA has previously said existing contract work with GCstrategies was shifted to include ArriveCan at the onset of the pandemic.

Reached by phone on Friday, Distill Mobile founder Tom Murphy said he was not interested in discussing the matter.

The contract letter between KPMG and GCstrategies’ Kristian Firth is dated Oct. 8, 2021, and is described as “private and confidential.” It says KPMG will provide a security assessment and privacy safeguards.

In a statement to The Globe, CBSA spokeswoman Rebecca Purdy said the agency was not aware that all six companies were involved as subcontractors and said the agency is reviewing its contracting policies.

The statement said the agency was operating from “an emergency posture” and it was unclear how long the additional contract workers would be needed to maintain the app and its many updates.

“The CBSA did not know which companies GCstrategies used to get the workers – the agency’s main focus at the time was to get the people needed to support the app. The CBSA acknowledges this raises questions relating to the business model. These questions are forming part of our own after action review.”

Ms. Purdy said the contract with GCstrategies did not require the company to disclose the identity of any companies that were hired as subcontractors.

GCstrategies’ contracts with CBSA committed the company to using individuals with approved federal security clearance, which is managed by another department, Public Services and Procurement Canada.

Like previous rounds of documents filed with the committee, the records from GCstrategies continue to redact the identities of the individual workers on the project.

The committee called the two GCStrategies partners – Darren Anthony and Mr. Firth – to testify in October after The Globe and Mail’s reporting.

Mr. Firth told MPs they are the company’s only employees and they both work from home. The company does not have separate office space.

They described themselves as an IT staffing firm and said neither of them perform IT work themselves. Further, they said they have received about $4.5-million a year, or about $9-million as of March 31, 2022, to work on the ArriveCan project.

Mr. Firth also said the company has invoiced a total of $44-million in federal contract work with more than 20 departments over the past two years. They said they charge a commission of between 15 and 30 per cent of contract values for their services, meaning they have been paid millions of dollars in recent years to hire temporary workers for federal departments.

In an e-mailed statement Friday, Mr. Firth said he and his company have always been clear about their confidentiality obligations.

“At all times before, during and after my testimony before the committee we were truthful, open and honest,” he said. “After my testimony, GCstrategies was ordered by the committee to produce all documentation that we possessed related to the committee’s work, under threat of contempt of Parliament proceedings if we failed to deliver everything. We did so only after receiving assurances from the committee that the materials we delivered were to be treated confidentially and redacted to protect personal information. We continue to do our best to comply with all of our legal obligations.”

Mr. Firth said the decision to use independent subcontractors, another company or a mix of the two depends on the needs of each client.

Liberal MP Anthony Housefather had previously defended redactions related to subcontractors because he said they appeared to be individual IT workers acting as temporary employees of GCstrategies. He is a committee member and the parliamentary secretary to Public Services and Procurement Minister Helena Jaczek.

In an interview, he said the fact that GCstrategies subcontracted the work to other companies, including multinationals, raises questions.

“I didn’t know that they had contracted with five or six entities to supply individuals. But it’s all the more reason, I believe, for us to seriously look at the question of whether or not we need this type of company as an intermediary. And shouldn’t there be human resources specialists in the Government of Canada that go out and find personnel?” he said.

Opposition MPs said the new information raises more questions as to why federal departments are using GCstrategies.

Conservative MP Michael Barrett said in an interview that the government is essentially using GCstrategies as a “shield” to protect the identities of the companies receiving tax dollars and to avoid taking responsibility for the problems with the app.

“It’s a bit beyond belief that the government would hire a two-person firm and then have no interest or detail on who was doing any of the subcontracting work, particularly when you talk about the sensitivity of the information that was going to be handled by this app,” he said. “It’s an attempt by the government to mitigate or minimize their accountability and responsibility for the failures of the ArriveCan app, and for the ballooning costs.”

Mr. Green, the NDP MP, said if companies are getting federal work as subcontractors, that information is not normally disclosed, meaning the public and Parliament won’t have accurate full tallies of how much each company is receiving in federal contracts.

“It begs the question: Where else are these big multinationals being involved in procurement under the guise of subcontractors?” he asked. “I think it requires a full review. And I think it also begs the question around the information that we receive from the government. Why does the government continue, in the access to information process, to obscure, block and redact information that ought to be made publicly available?”

In addition to its study of ArriveCan spending, the government operations committee is also investigating the growth of federal spending on outsourcing and the increasing use of the global consulting firm McKinsey & Company.

Small Ottawa firm subcontracted ArriveCan app to multinationals, documents revea


 
 
 
 

Ottawa undermined Canadians' language rights with ArriveCAN app, language commissioner says

Traveller suing government over bug that prevented app users from choosing language

In a report obtained by Radio-Canada that has yet to be made public, the Office of the Commissioner of Official Languages said Ottawa undermined the language rights of Canadians.

The case is now being heard in Federal Court, where the government will have to explain its management of the application. Launched in April 2020, ArriveCAN was used to record proof of vaccination against COVID-19 for all travellers wishing to enter or return to Canada.

The complainant in this case, Darius Bossé, claimed Ottawa should not have mandated the use of the application knowing the problems associated with the display language. He wanted to return to Canada from the United States in the summer of 2021 and used an English version of the application that did not allow him to switch to French.

"When I am required to make personal statements about my health and location, it is absolutely essential to me that communication with the Canadian government takes place in the official language of my choice," Bossé said.

Unilingual application

The application's language issues began as early as its launch in 2020, according to documents filed by Ottawa in Federal Court.

At that time, the iPhone version allowed travellers to choose a display language, but that feature was "defective" because it did not consistently respect the user's chosen language, according to a federal government affidavit.

In addition, language preference was not always taken into account by screen readers, which are essential for users with special needs.

The government admitted to the court that it decided to "remove the language feature" in December 2020.

Users were then forced to use a version of the app based on their cell phone's operating language, with no clear guidelines for changing it as needed.

It wasn't until August 2021 — after Bossé's complaint — that the government offered more precise explanations to users who wanted to communicate with Ottawa in the official language of their choice.

And it wasn't until November 2021 that the government released an application for iPhones that allowed users to switch languages after downloading, according to the Office of the Commissioner of Official Languages.

The federal government filed the English version of its affidavits with the Federal Court on Sept. 26. The French versions were filed on Dec. 1.

Portrait of a man. Lawyer Darius Bossé, who is the claimant in this case, says he should have been able to easily use either official language when he was communicating with the federal government information about his health and location. (Simon Lasalle/Radio-Canada)

Frustrated user

While travelling in the United States in 2021, Bossé tried to obtain the French version of the ArriveCAN application without success.

Having access only to the English version of the application on his cell phone, he tried to indicate on his user profile that French was his preferred language for communicating with the federal government.

Despite this, he had to continue using the English version of the application during his 14-day mandatory quarantine period. According to him, the choice of language for the operation of a cellphone is "personal" and should not affect his language rights.

After filing a complaint, Bossé won his case before the Office of the Commissioner of Official Languages in the spring of 2022.

In its report, the Office of the Commissioner of Official Languages noted that the Public Health Agency of Canada "was aware" of the difficulties in operating the application in the user's language of choice on iPhones.

The report adds that the agency "did not inform the public [...] either of this fact or how to proceed to access the app in their preferred official language."

In June 2022, Bossé turned to Federal Court to try to prove that the agency had violated his language rights under the Canadian Charter of Rights and Freedoms and the Official Languages Act. He is seeking damages of $22,500.

"The Constitution states that people have the right to be served by the federal government in the official language of their choice. For me, it is important that the Federal Court formally recognize this," he explains.

In an affidavit filed in Federal Court last September, the head of the ArriveCAN app, Chulaka Ailapperuma, confirmed that he faced numerous technical challenges related to the display language on Apple platforms in 2020 and 2021.

Possible solution

An expert hired by Bossé responded in a separate affidavit that the government should have been able to allow ArriveCAN users to change the language of the display within the application itself.

Gregory Cerallo, founder of Sidekick Interactive Inc. points to examples of bilingual applications created by Environment Canada, the SAQ or Hydro-Québec, all of which offer this feature.

"In my experience, inserting or maintaining a custom language feature in a mobile application poses an additional, but not insurmountable, challenge," Cerallo says.

He calculates that developing this feature would have cost an extra $72,000.

In all, Cerallo estimates that developing an application like ArriveCAN should not have cost more than $2 million.

Instead, the federal government spent tens of millions in connection with the creation and implementation of the application.

ABOUT THE AUTHOR

Daniel Leblanc is a reporter with more than 20 years experience in investigative journalism and federal politics. He is a past winner of the Michener Award, the Charles Lynch Award and three National Newspaper Awards.

with files from Matthew Lapierre

CBC's Journalistic Standards and Practices
 
 
1578 Comments
 
 
David Amos
Methinks the lawyer Darius Bossé and I should have a long talk ASAP N'esy Pas? 
 
 
 
 
Darius Bossé
 
Darius prioritizes effective problem-solving, providing his clients with legal experience and knowledge of the workings of the judicial and legislative processes.
dbosse@powerlaw.ca
613-702-5566

Originally from New Brunswick, Darius now lives in Ottawa where his passion for public law and politics has flourished. Darius focuses his practice on constitutional law, administrative law, and parliamentary and government affairs.

Complementing his focused public law practice, Darius has gained extensive experience working on civil litigation matters more broadly, including on appellate and judicial review matters. He has represented his clients’ interests before the Supreme Court of Canada, the Federal Court and Federal Court of Appeal, the New Brunswick Court of Appeal, and the Ontario Superior Court.

With experience at the crossroads of law and policy, he guides his clients through legislative and policy development processes, including by proposing legislative amendments and preparing clients for appearances before parliamentary committees. He also has experience interpreting, negotiating, and implementing intergovernmental agreements.

Darius began his legal career clerking for Justice Henry S. Brown of the Federal Court and Justice Suzanne Côté of the Supreme Court of Canada. As an articling student and then associate at Power Law, Darius worked on the largest and most complex education rights trial since the adoption of the Canadian Charter of Rights and Freedoms.

Darius’ work experience before and during law school greatly informs his practice. For example, while studying law, Darius worked as a Parliamentary Assistant to a member of the House of Commons, and interned at the Office of the Law Clerk and Parliamentary Counsel for the Senate of Canada.

Darius is the author of several academic articles that explore a variety of issues in the areas of constitutional law, administrative law, minority law, statutory interpretation law, and human rights.

Darius practices in English and French.

 

I got a call back from some lady at 613 702 5560 who did not idenitfy herself

I called back and left a message for both parties and heard nothing since

 

Mark C. Power
Power Law
130 Albert Street
Suite 1103
Ottawa, Ontario
K1P 5G4
Telephone: (613) 702-5576
FAX: (613) 702-5560
Email: mpower@juristespower.ca 
 
 
Another lawyer has his number now and she was not long playing dumb once I introduced myself
Mark Power
Professor, Assistant professor, Faculty of Law, Common Law

Phone
613-562-5800 ext. 3381

 
Available in: English Français
Mark concentrates his practice on litigation and dispute resolution in a number of public and private law fields. He takes his clients’ challenges to heart, and offers a wide array of strategic and legal services, including in the area of government relations.
Natasha Denault
Assistant
ndenault@powerlaw.ca
613-704-1721

Mark has substantial experience advocating on behalf of clients; he often succeeds in helping his clients to avoid the judicial process altogether. Mark has nevertheless acquired hundreds of days of experience in courts of first instance, having appeared before the courts of almost all provinces and territories and the Federal courts. He has also gained considerable experience in matters concerning the interpretation and negotiation of intergovernmental agreements. 

Mark has acquired extensive experience before the Supreme Court of Canada. He is counsel of record in many dozens of proceedings in the Supreme Court of Canada, and has provided advice to parties in many other cases. He is very well versed in preparing applications for leave to appeal and applications for leave to intervene, as well as in preparing written submissions and bringing motions.

Before Power Law, Mark worked for more than a decade in the Toronto and Ottawa offices of a national firm, including as a partner. He began his career as a law clerk at the Supreme Court. 

For four and a half years, Mark was a tenure track assistant professor of law in the University of Ottawa Faculty of Law’s Common Law Section. He is now a sessional professor at this University.

Mark has published a large number of articles in peer-reviewed academic journals. Some of his publications have been cited by Canadian courts, including the Supreme Court of Canada. His publications address a wide array of public and private law questions, notably regarding constitutional, administrative, and education law, and language rights.

Passionate, involved, and engaging, Mark prides himself on providing clarity to things that otherwise are not clear. He is regularly invited to speak before all types of audiences in all parts of the country, including radio and television interviews, to comment on various legal questions and high-profile cases.

Mark practices in English and French.

Law Societies

  • Ontario
  • New Brunswick
  • British Columbia
  • Newfoundland and Labrador
  • Alberta

Education

  • LL.B. (University of Ottawa - 2002)
  • M.A. (Carleton University - 2002)
  • BEc (University of Ottawa - 1998)
 
 
 
 
 
Darius Bossé

Darius Bossé

Lawyer at Power Law

Ottawa, Ontario, Canada
1K followers 500+ connections


Experience

  • Power Law Graphic

    Lawyer

    Power Law

    - Present 5 years 5 months

    Ottawa, Ontario, Canada


  • Law Clerk to the Honourable Justice Suzanne Côté

    Supreme Court of Canada

    - 1 year

  • Law Clerk to the Honourable Justice Henry S. Brown

    Federal Court

    - 1 year 1 month

    Ottawa Area, Canada

  • Power Law Graphic

    Student-at-Law

    Power Law

    - 5 months

    Ottawa, Canada Area

  • Heenan Blaikie LLP Graphic

    Student-at-Law

    Heenan Blaikie LLP

    - 7 months

    Ottawa, Canada Area

  • University of Ottawa Graphic

    Research Assistant

    University of Ottawa

    - 2 years 3 months

    Ottawa, Ontario

    • Professor Nicole LaViolette, University of Ottawa, Faculty of Law
    • Professor Aline Grenon, University of Ottawa, Faculty of Law
    • Professor Louise Bélanger-Hardy, University of Ottawa, Faculty of Law
    • Professor Mark Power, University of Ottawa, Faculty of Law

  • Heenan Blaikie LLP Graphic

    Summer Intern

    Heenan Blaikie LLP

    - 4 months

    Ottawa, Canada Area

  • Parliament of Canada Graphic

    Administrative and Parliamentary Assistant

    Parliament of Canada

    - 9 months

    Ottawa, Ontario

    • Drafted various documents including letters to ministers and public officials, access to information and other requests, letters destined to citizens and questions for parliamentary committee sessions and question periods
    • Provided research support to the Member of Parliament for his parliamentary functions
    • Organized the Member of Parliament’s schedule and completed other administrative tasks

  • Université de Moncton

    Université de Moncton

    1 year 9 months

    • Research Assistant

      - 1 year 9 months

      Moncton & Edmundston, New-Brunswick

      • Professor Christophe Traisnel, University of Moncton, Political Science Department
      • Professor André Leclerc, University of Moncton, Human Sciences Sector

    • Teacher Assistant

      - 1 year 9 months

      Moncton, New-Brunswick

      • Professor Christophe Traisnel, University of Moncton, Political Science Department
      • Professor Marie-Thérèse Séguin, University of Moncton, Political Science Department

  • Elections Canada Graphic

    Youth Community Officer

    Elections Canada

    - 2 months

    Moncton, New-Brunswick

    • Identified neighbourhoods with high student concentrations to target for registration drives
    • Helped the returning officer locate polls in places where youth would have easier access
    • Provided information about registration and voting to the youth community

Education


  • University of Ottawa, Faculty of Law

    J.D.Law

    -

    Activities and Societies: Senior Editor – Ottawa Law Review, Student representative – University of Ottawa’s French Common Law Program Assembly

    • Dean’s Honour List
    • French Common Law Program
    • Recipient of the Vincent Dagenais Gibson LLP Prize, given to the student with the best score in the Civil Procedure I class, and an Academic Merit Scholarship for the year 2011-12
    • Research fellow of the Law Foundation of Ontario: 2010-11; 2011-12; 2012-13
    • Wrote a Research Paper entitled: “Les peuples autochtones du Canada et la liberté républicaine”
    • Internship at the Office of the Law Clerk and Parliamentary Counsel to the…

    • University of Moncton, Faculty of Arts and Social Sciences

      B. Soc. Sc.Honours Degree in Political Science

      -

      • Dean’s Honour List
      • Academic Merit Scholarships: 2006-07, 2007-08 and 2009-10
      • Year completed at l'Université Laval in Québec City: 2007-2008
      • Wrote an Honors Thesis entitled: “L'institution et la loi dans la théorie politique machiavélienne”
      • Gave a lecture on Machiavelli to students following the Political Thought I course

Publications

  • A Review of From Treaty Peoples to Treaty Nation

    Citation: Darius Bossé, “A Review of From Treaty Peoples to Treaty Nation” (2016) 79:1 Saskatchewan Law Review 113

  • Acadianité et droits de la personne : autodétermination identitaire, membriété et droit des minorités nationales

    Citation: Mark C Power & Darius Bossé, “Acadianité et droits de la personne : autodétermination identitaire, membriété et droit des minorités nationales ” (2016) 5:1 Canadian Journal of Human Rights 27

  • Colloque sur le statut du français dans la réglementation de la profession juridique

    Citation: Darius Bossé & Mathieu Demilly, “Colloque sur le statut du français dans la réglementation de la profession juridique”, online: (July 2012) La Clef – Bulletin de la Conférence des juristes d'expression française de common law <http://www.cba.org>

  • Constitutional Litigation, the Adversarial System and some of its Adverse Effects

    Citation: Mark C Power, François J Larocque & Darius Bossé, “Constitutional Litigation, the Adversarial System and some of its Adverse Effects” (2012) 17:2 Review of Constitutional Studies 1

  • La répartition géographique des dépenses de capital du Gouvernement du Nouveau-Brunswick, 1994-2008

    Citation: André Leclerc, Darius Bossé & David Roy, “La répartition géographique des dépenses de capital du Gouvernement du Nouveau-Brunswick, 1994-2008” (November 2009) online: Conseil économique du Nouveau-Brunswick <http://www.cenb.com/document/ch/2010-02-19.pdf>

  • La « communauté linguistique française » du Nouveau-Brunswick dans l’article 16.1 de la Charte canadienne des droits et libertés. Entre politiques de reconnaissance et reconnaissance politique d’une communauté linguistique au Canada

    Citation: Christophe Traisnel & Darius Bossé, “La « communauté linguistique française » du Nouveau-Brunswick dans l’article 16.1 de la Charte canadienne des droits et libertés. Entre politiques de reconnaissance et reconnaissance politique d’une communauté linguistique au Canada” (2014) 37 Francophonies d’Amérique 39

  • Le droit, un rempart à la fragilité minoritaire?

    Citation: Darius Bossé & Stéphanie Chouinard, “Le droit, un rempart à la fragilité minoritaire?”, online: (Winter 2013) 4:1 La Relève : Le journal des étudiants de la francophonie canadienne 6 <http://journallareleve.com/wordpress/>

  • Le statut du français au sein de la profession juridique en Ontario : Réflexions sur le droit d’exiger une audience devant des membres de panel d’audition qui s’expriment en français au Comité d’audition du Barreau du Haut-Canada

    Citation: Pierre Champagne, Darius Bossé & Mark C Power, “Le statut du français au sein de la profession juridique en Ontario : Réflexions sur le droit d’exiger une audience devant des membres de panel d’audition qui s’expriment en français au Comité d’audition du Barreau du Haut-Canada” (2012-2013) 44:1 Ottawa Law Review 77

  • Le statut du français au sein de l’appareil judiciaire ontarien : une révolution tranquille inachevée

    Citation: Mathieu Demilly & Darius Bossé, “Le statut du français au sein de l’appareil judiciaire ontarien : une révolution tranquille inachevée” (2012-2013) 44:1 Ottawa Law Review 161

  • L’obligation de faire adopter la version française des textes constitutionnels canadiens

    Citation: François Larocque et Darius Bossé, « L’obligation de faire adopter la version française des textes constitutionnels canadiens » dans Linda Cardinal et François Larocque, dir, La Constitution bilingue du Canada, un projet inachevé, Québec, Presses de l’Université Laval, 2017.

  • Recension – A Great and Noble Scheme: The Tragic Story of the Expulsion of the French Acadians from Their American Homeland

    Citation: Darius Bossé, “Recension – A Great and Noble Scheme: The Tragic Story of the Expulsion of the French Acadians from Their American Homeland” (2010-2011) 12 Revue de la common law en français 315

  • Un entretien avec le professeur émérite Joseph E. Roach

    Citation: Nicholas Malone, Dana Antakly, Darius Bossé & Ariane Courtemanche, “Un entretien avec le professeur émérite Joseph E. Roach” (2011-2012) 43:2 Ottawa Law Review 323

  • Un entretien avec l’honorable sénateur Serge Joyal

    Citation: Darius Bossé, Stéphane Sérafin, Anna Oroianu & Philippe Gollin, “Un entretien avec l’honorable sénateur Serge Joyal” (2012-2013) 44:3 Ottawa Law Review 595

  • Une tentative de clarification de la présomption de respect des valeurs de la Charte canadienne des droits et libertés

    Citation: Mark C Power & Darius Bossé, “Une tentative de clarification de la présomption de respect des valeurs de la Charte canadienne des droits et libertés” (2014) 55:3 Les Cahiers de Droit 775

 
 
 

Constitutional Litigation, the Adversarial System and Some of Its Adverse Effects

17:2 Review of Constitutional Studies 1, 2012

40 Pages Posted: 6 Apr 2016

Mark Power

Heenan Blaikie LLP

François Larocque

University of Ottawa - Common Law Section

Darius Bossé

McGill University, Faculty of Law, Students

Date Written: 2012

Abstract

The authors of this article identify and analyze a specific and spectacular failure of the adversarial system. Between 1988 and 1990, in the Mercure and Paquette cases, the Supreme Court of Canada held that Saskatchewan and Alberta were obliged to enact and publish their laws in both French and English, but that they could also unilaterally abrogate this obligation if they so decided. They did. Twenty years later, in the Caron & Boutet case, the Provincial Court of Alberta disrupted the state of the law by holding that judicial and legislative bilingualism was and had always been constitutionally protected in Alberta, and thus in Saskatchewan as well.

In this article, the authors try to elucidate this puzzling contradiction. They identify some of the consequences that result from subjecting important public law questions to an unbridled adversarial system. They also highlight the dangers of determining major constitutional questions on the basis of historical evidence adduced by parties with unequal means and resources. Caron & Boutet serves as a case study to that end, offering a sobering illustration of the pitfalls of the adversarial system in constitutional cases that turn on the proper understanding of historical events. The first section of this article sets the stage by presenting and analyzing the most important aspects of the Mercure, Paquette and Caron & Boutet cases. The second section underlines some of the inefficacies of the adversarial system in Canada from an evidentiary perspective, and notes the near impossibility, for disadvantaged parties, to present an adequate and complete evidence record. The authors conclude by reiterating the extent to which trial judges are the gatekeepers of access to justice and by underscoring the important function of funding mechanisms such as advanced cost orders and government initiatives, such as the Language Rights Support Program.

Keywords: Adversarial System, Constitutional litigation, Language rights, Official bilingualism, Western Canada, historical evidence, Royal Proclamation of 1869

Power, Mark and Larocque, François and Bossé, Darius, Constitutional Litigation, the Adversarial System and Some of Its Adverse Effects (2012). 17:2 Review of Constitutional Studies 1, 2012, Available at SSRN: https://ssrn.com/abstract=2759137

23 References

  1. Thomas Lewis, - Herbert

    The Struggle for Responsible Government in the North-West Territories, volume 1870
    Posted: 1956
  2. Kenneth Munroe

    Official Bilingualism in Alberta
    Posted: 1937
  3. Joseph Eliot Magnet

    The Charter Official Language Provisions: The Implication of Entrenched Bilingualism" in Walter S Tarnopolsky & G6rard A Beaudoin, 7be Canadian Charter of Rights and Freedoms: Commentary (Toronto: Carswell, 1982) 163. See generally

    Rv Paquette, volume 14
    Posted: 1987
  4. DLR (4th) 47 (CA) (Facturn of the Appellant) (on file with the authors)
  5. See Generally, Gordon Barnhart, ; Oliver, Edmund H

    online: The Encyclopedia of Saskatchewan, p. 1882 - 1935
    Posted: 2007
    Crossref
  6. R V Paquette

  7. Ibid, Citing Rv Lefebvre

  8. Paquette

    Luc Paquette, did not ask the Court to consider the broader historical and cultural significance of the events leading up to the annexation of Rupert's Land and the North-West Territories to Canada as she had done before the Court of Appeal of Alberta

    See also Michel Bock, Quand la nation debordair lesfrontiares: "les minorits"frangaises dans la pensde de Lionel Groulx, p. 47 - 64
    Posted: 2004
  9. 2 SCR 713, 35 DLR (4th) 1, 30 CCC (3d) 385 at 803
  10. J Lamer, Willick V Willick

    , volume 173
  11. J Dub6

    At the end of the day what we are left with is the Tribunal's own statement that it had 'vetted' 10,000 pages of material in relation to the motion to dismiss, when the record on the motion before it was only some 2,000 pages in length. There is, moreover, no suggestion by any ofthe parties that the authorities filed in relation to the motion came anywhere close to accounting for the 8,000 page difference

    First Nations Child and Family Caring Society v Canada, volume 445
    Posted: 2012
  12. Pilkington

  13. Alan W Bryant, Sidney N Lederman &amp; Michelle, K Fuerst, Sopinka, &apos; Lederman, Bryant

    Judicial Notice: How Much is Too Much?" in The Law Society of Upper Canada

    The Law ofEvidence
    Posted: 2003
  14. Gd Nokes

    The Limits of Judicial Notice

    Law Q Rev
    Posted: 1958
  15. Danielle Pinard

    La notion traditionnelle de connaissance d'office des faits, p. 31 - 87
    Posted: 1997
  16. Supra Bryant, Note

    , p. 113 - 145
  17. Supra Binnie, Note

    , p. 546 - 593
    Crossref
  18. Danielle Pinard

    La connaissance d'office des faits sociaux en contexte constitutionnel, volume 315, p. 394 - 95
    Posted: 1997
  19. W Peter, Hogg

    Proof of Facts in Constitutional Cases, p. 26 - 386
    Posted: 1976
  20. G Brian, Morgan

  21. L Marilyn, Pilkington

    , volume 13, p. 84 - 86
  22. Carl Baar

    Social Facts, Court Delay and the Charter" in Frederick L Morton, Law, Politics and the Judicial Process in Canada
    Posted: 1992
    Crossref
  23. Ibidatpara68