High-profile issues from the news of the past year are reflected in many of the nine resolutions that will be up for debate at this year’s CBA AGM, on topics ranging from protecting the role of the Attorney General to implementing the UN Declaration on the Rights of Indigenous Peoples to using the notwithstanding clause.
The AGM format gives us a relatively short period of time for discussion and debate of the resolutions, so last year we changed the process, taking some things offline to free up time during the meeting. For instance, any proposed amendments must be submitted to Tamra Thomson (tamrat@cba.org) by Jan. 31 to allow review by the Policy Committee and to have the proposal translated.
We’ve also created discussion boards for each resolution so members can weigh in on the issues ahead of the meeting. The discussion boards will remain open until Feb. 18.
Here is a rundown of the resolutions:
20-01-A - Constitutional Independence of the Attorney General – This resolution from the Criminal Justice Section calls on the CBA to urge the government to amend the Department of Justice Act to refer explicitly to the constitutional independence of the Attorney General in the exercise of that office’s prosecutorial authority.
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Have your say on the discussion board
20-02-A - United Nations Declaration on the Rights of Indigenous Peoples – This resolution from the Aboriginal Law Section calls on the CBA to urge Canada’s governments to implement the UN Declaration and to consult with Indigenous peoples to ensure Canada’s laws and policies comply with it.
Read the National article
Have your say on the discussion board
20-03-A - Guidelines on Use of the Notwithstanding Clause of the Charter of Rights and Freedoms – The Constitutional and Human Rights Law Section is proposing this resolution, which would call on the CBA to urge federal and provincial governments to establish guidelines for using the Charter’s notwithstanding clause. It suggests requiring that the clause not be used before legislation has been studied by the courts, or without meaningful public consultation, and that it not be used without a two-thirds majority vote in the legislature or Parliament.
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Have your say on the discussion board
20-04-A - Triage and Referral for Resolving Disputes – This resolution from the ADR Section calls on the CBA to urge governments to create, or supplement, and properly resource effective triage and referral systems to direct people to appropriate dispute resolution alternatives.
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Have your say on the discussion board
20-05-A - Affirming the Role of Public Sector Lawyers – This resolution from the Public Sector Lawyers Section calls on the CBA to urge governments at all levels to maintain an appropriate complement of public sector lawyers necessary to support good governance.
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Have your say on the discussion board
20-06-A - Protecting the Public from the Practice of Immigration Law by Immigration Consultants – This resolution from the Immigration Law Section calls on the CBA to urge the government to define the practice of immigration law to lay out the activities that only lawyers may carry out, and to expressly say that only lawyers are authorized to practise immigration law.
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Have your say on the discussion board
20-07-A - Climate Leadership – This resolution sponsored by Meridith James of Woodward and Company Lawyers calls on the CBA to adopt a definition of climate justice and ask that Branches and Sections consider climate justice and the impacts of climate change in their law reform submissions. It would also have the CBA urge lawyers to engage in pro bono activities and to aid efforts to reduce climate change.
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Have your say on the discussion board
20-08-A - Commitment to religious equality in the legal profession – This resolution moved by Derek Ross of the Christian Legal Fellowship and by the Constitutional and Human Rights Law Section calls on the CBA to affirm its commitment to religious equality and diversity, to denounce any government policy that denies equal opportunities based on religion, and to urge all government actors to protect religious freedom and equality.
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Have your say on the discussion board
20-09-A - Commitment to religious equality in the Canadian Bar Association – This resolution, also moved by Ross and the Constitutional and Human Rights Law Section calls on the CBA to affirm its commitment to religious equality and diversity, and to update all bylaws and policies to specifically include religion in any enumerated grounds pertaining to equality, diversity or inclusion.
Read the National article
Have your say on the discussion board
The AGM will be held on Feb. 19 at the Chateau Laurier in Ottawa. Please see the CBA website for more details about attending, whether in-person and on-site, or virtually, from a provincial hub or the comfort of your office.