Read Background

1. Title of Resolution:

Non-Adversarial Advocacy and Family Law Standards

2. Estimated cost of implementation to CBA:

(Including the amount of any increase in budget requirements, any potential savings, and the amount of staff time to implement the resolution) Note: National Office staff can assist in calculating implementation cost.

  1. The volunteer-driven proposal to amend the FLSC Model Code will continue under the National Family Law Section, collaborating with other Sections and supported by CBA Advocacy staff.
  2. CBA staff support for advocacy efforts will be managed within current budget allocations.

3. Contact person who can assist the Board of Directors to implement the Resolution:

Name: Julie Terrien
Firm name: CBA Staff Lawyer – Advocacy
Telephone: (613) 237-2925
E-mail: juliet@cba.org

4.Implementation Calendar

(List steps to be taken by the CBA to implement the Resolution and suggested dates for completion of each step)

  1. Communication with the Federation: If the AGM passes the Resolution, the CBA will seek a meeting with the Federation of Law Societies’ Model Code Standing Committee by mid-2025.
  2. Engagement and Consultation: From March 2025 through 2026, the CBA can update its proposals by either forming a working group, consulting Branches, and hosting a meeting with Branch executives.
  3. Ongoing Communication with the Federation: The CBA will maintain regular follow-up communication with the FLSC throughout 2025/2026.
  4. Progress Review: In June 2026, the CBA will review progress on implementing the Resolution and develop a workplan for the 2026/2027 period.

5. Indicator of Success

(The practical result which, if achieved, will show that the Resolution has been successfully implemented by the CBA.)

The Resolution’s passage reflects growing support within the CBA and the legal profession for modernizing ethical obligations for lawyers. Key outcomes include potential collaboration with the Federation of Law Societies on non-adversarial advocacy and family law standards, engagement from CBA Sections and Branch Executives to review and support the 2021 Submissions, and broader endorsement of the proposals. Success would be measured by the Federation including CBA proposals in its agenda, initiating consultations, and ultimately integrating elements of the proposals into the Model Code of Professional Conduct.

6. Any information not appearing on the face of the Resolution to inform the deliberations:

(Attach or link to any background papers or other documentation in addition to this form which should be submitted to the Annual Meeting with the Resolution. Attach or link to documentation in both French and English, where it exists in both official languages.)

  1. Model Code of Professional Conduct - Proposed Amendments for Family Law Lawyers, CBA (September 29, 2021);
  2. Sections 7.1-7.7 – Duties for Parties to a Proceeding and Legal Advisors; and Section 16(3) of the Divorce Act;
  3. UNCRC Article 3: the best interests of the child shall be a primary consideration in all actions concerning children; and Article 12: the right of the child to express views freely in all matters affecting the child, with due weight in accordance with the age and maturity of the child;
  4. Consultation Report of the Federation of Law Societies regarding draft amendments in Response to Call to Action 27 (November 28, 2023);
  5. Current Model Code of Professional Conduct (April 2024).

7. (i) Person moving Resolution:

Will be present at Annual Meeting: Yes ☒ | No ☐

Name: Tracy C Brown
Firm name: Brown Law Group, Edmonton
Telephone: (780) 540-5160
E-mail: tcb@brownlawgroup.ca

7. (ii) Person seconding Resolution:

Will be present at Annual Meeting: Yes ☒ | No ☐

Name: Eric Sadvari
Firm name: Kenet Family Law, Toronto
Telephone: (416) 551-6500
E-mail: eric@kenetfamilylaw.com

7. (iii) Branch, Section, Committee or Subcommittee sponsoring resolution:

Family Law Section

8. Branches, Sections, Committees or Subcommittees directly affected by implementation of this resolution:

CBA National Family Section CBA Advocacy Department

And to the extent there is engagement and interest:

  • CBA Ethics and Professional Responsibility Subcommittee
  • CBA National Child & Youth Section
  • CBA Dispute Resolution Section