CBA Advocacy and Public Statements Policy

1. Purpose

The Canadian Bar Association (CBA) gives voice to Canada’s legal profession and to the principles that sustain justice in a democratic society.

Through thoughtful advocacy and public engagement, the CBA strengthens the rule of law, promotes access to justice and protects the independence of the legal profession.

This policy provides a unified framework for advocacy, ensuring that when the CBA speaks, it does so with one credible and principled voice. It guides members, staff and volunteers in advancing positions that serve the best interests of the membership and support the broader interests of justice.

2. Guiding principles

All advocacy undertaken by the CBA or its Constituent Bodies must be consistent with these principles:

Safeguarding the Rule of law, the essential role of an independent bar and judiciary as foundations of democracy.
Advancing positions that serve the best interests of the Association and its members while upholding the profession's obligations to the public and the justice system.
Ensuring that all advocacy and communications are evidence-based, balanced and respectful.
Maintaining institutional neutrality from partisan politics while engaging constructively on issues that shape justice and law reform.
Advancing justice systems and a legal profession that are fair, accessible, inclusive and reflective of Canada’s diversity.
Strengthening the eﬀectiveness of justice systems and the capacity of the courts to fulﬁll their constitutional role.
Ensuring all advocacy complies with the CBA's Act of Incorporation, Bylaws, Regulations, policies and applicable law.
Ensuring CBA advocacy is unified in purpose and message across resolutions, submissions, interventions and partnerships.

3. Scope

3.1 General

This policy governs all activities through which the CBA expresses an institutional position on matters of law, the administration of justice or the legal profession.

Advocacy under this policy includes, but is not limited to:

Resolutions adopted by members at the Annual General Meeting
Written or oral submissions to governments, Parliament, regulators or other public bodies
Official correspondence or statements communicating CBA policy or analysis
Appearances before parliamentary, legislative or administrative committees
Judicial interventions undertaken in accordance with the CBA Intervention Regulation

CBA advocacy may be directed toward governments, courts, regulators, the profession or the public, and may address federal, provincial, territorial or, in limited cases, international issues provided they are consistent with the CBA’s national mandate and mission.

The CBA's advocacy on all issues must remain within its core mission: to uphold the rule of law, access to justice for all, and the independence of the legal profession and judiciary.

3.2 International Advocacy

CBA engagement in international matters shall occur only where there is a direct, clear and demonstrable connection to Canadian law, the rights and interests of the Canadian legal profession, or the administration of justice in Canada, and complies with all requirements of this policy. The CBA does not comment on, or take positions regarding, international relations, foreign policy or politics of other countries where the issue does not have a direct connection to Canadian interests and the CBA’s expertise.

3.3 Additional exclusions

Activities that do not express an official position of the Association are not considered advocacy for the purposes of this policy. Examples include but are not limited to:

Continuing professional development, public legal education or informational programming.
Administrative or operational communications of the Association.
Articles or commentary published in CBA National, the Association’s legal affairs publication, which operates with editorial independence.
Statements made by members or staff in a personal or private capacity, litigation or submissions undertaken independently by members or outside organizations.

The CBA will not engage in advocacy on matters where:

It lacks legal or subject-matter expertise and/or institutional competence in the specific area.
There is no connection to Canadian law, the Canadian legal profession or Canadian justice systems.
The primary purpose or effect would be to advance political, ideological, economic or social policy objectives unrelated to legal system reform, access to justice or the practice of law.
Engagement would reasonably be perceived as partisan or compromising the Association's independence.

4. Speaking on behalf of the CBA

4.1 Presidential authority

Pursuant to the Bylaw of the CBA, the President is the principal spokesperson for the CBA. In the President’s absence, authority devolves to the vice-president.

Statements on matters of policy or public interest are the prerogative of the President and, in the President’s absence, the vice-president. Such statements must be:

Supported by an existing resolution adopted by the membership or in accordance with the Bylaw.
Where no relevant resolution exists, referred to the Board of Directors whenever practicable.

When, in the opinion of the President a matter is sufficiently important or urgent that a statement cannot await direction, then the statement must be approved by:

The president and vice-president where practicable, or
Failing that, by the president alone.

Any statement made under this expedited process must be reported to the Board.

4.2 Spokespersons and coordination

The CEO, working with the Chief Advocacy Officer, oversees public relations for the Association.

All contact with media should, wherever possible, be coordinated through the Public Affairs department to ensure accuracy, consistency and professional handling.

When appropriate, the President or its designate may authorize another board member, staff member or volunteer to speak on the Association’s behalf.

All spokespersons must articulate CBA policy as approved by the Board and avoid expressing personal views. If personal opinions are shared, a clear disclaimer must be made.

Official statements and news releases must:

Be reviewed or issued by the public affairs department
Be released in both official languages
Align with approved CBA policy and its values of professionalism, independence and respect.
4.3 Section and committee statements

Section chairs or their delegates may make public statements only on matters within their mandate that reflect adopted CBA policy. Where no relevant policy exists, statements must be:

Supported by a resolution of the Section and approved by the Policy Committee and/or the Board as applicable, or
Where not practicable, supported by a resolution of the Section officers and approved by the president, provided the statement is clearly attributed only to the Section and not to the Association.

4.4 Digital and social media

Digital advocacy and online communications are governed by the social media policy. Authorized staff or volunteers may post official messages consistent with this policy. All online content must reflect professionalism, factual accuracy and the CBA’s Principles of Conduct Policy.

5. Policy Committee oversight and development of submissions

5.1 Policy Committee oversight

CBA advocacy focuses on issues where its voice can make the greatest diﬀerence to the legal profession, the justice system, its members and the Association as a whole. The Policy Committee, exercises judgment in setting priorities based on this policy, CBA Bylaw, Regulations and any other applicable policies. Priority is normally given to advocacy matters within Canada that shape the work of Canadian legal profession and the justice system they serve.

The Policy Committee oversees CBA advocacy and interventions, in consultation with the Chief Advocacy Officer, ensuring that each initiative aligns with CBA priorities and principles, reflects broad consultation across practice areas, and complies with CBA Bylaw, Regulations, this policy and any other applicable policies.

Resolutions establish CBA policy; submissions communicate that policy to external bodies; government outreach advances it; and interventions communicate the CBA’s position before the courts. The Policy Committee ensures these forms of advocacy operate in a coordinated, consistent and resource-efficient manner.

5.2 Form of advocacy

The Policy Committee determines the most appropriate form of advocacy for each issue, in consultation with Chief Advocacy Officer (or their delegate), the President and relevant Constituent Bodies as appropriate. In deciding whether a matter should or should not proceed by resolution, submission, direct government engagement or judicial intervention, the Policy Committee considers, including but not limited to, the following factors:

Level of member consultation or debate required to establish a credible national position.
The expertise of the Constituent Bodies on the subject matter.
Timing, scope and likely impact of the proposed advocacy.
Degree of consensus within the Association and potential reputational risk.
Risk of duplication or inconsistency with other CBA initiatives.
Proportionality of the advocacy effort relative to its expected outcome.
The most eﬀective or practicable manner to advance the issue in question.
The best interests of the membership and the Association.
This policy, CBA Bylaw, Regulations, and any other applicable policies.

5.3 Scope

The Policy Committee and the Board may decline or defer advocacy initiatives, including but not limited to matters:

Concerning active legal proceedings or where CBA intervention has not been authorized under the CBA Intervention Regulation.
Outside the scope of the Canadian legal profession or the Canadian justice system.
Not aligned with the CBA's core mission, the interests of members or the interests of the Association as a whole.
That could create significant reputational, operational, strategic, legal or financial risk to the Association.
Where insufficient resources are available to undertake quality advocacy.
Where the CBA lacks relevant expertise or institutional competence.
That duplicate or conflict with other CBA advocacy initiatives.

5.4 Declining and deferring advocacy initiatives

Where advocacy is declined or deferred, the Policy Committee may:

Recommend further study or research before proceeding.
Refer the matter back to the appropriate constituent body for additional consultation, refinement or development.
Refer the matter to the Board for decision.
Recommend that the matter be addressed through a resolution at the next Annual General Meeting
Recommend an alternative approach or form of advocacy.

The Policy Committee will advise proponent of the decision and any recommended next steps.

5.5 Controversial matters

Submissions on highly controversial matters should, wherever practicable, be supported by an existing CBA resolution.

Constituent Bodies, including but not limited to Sections, Subcommittees may develop submissions or statements within their mandate, subject to the approval process in this policy, the CBA Bylaw, Regulations, and any other Terms of Reference or policies as applicable.

5.6 Federal matters

Submissions on federal matters are the prerogative of the national CBA and its national Constituent Bodies.

Federal matters and legislation are addressed by the appropriate national Sections, in cooperation and consultation with Branch Sections, where appropriate. Branch Sections may initiate a submission on a federal matter, but must first seek the approval of interested national Sections, and the Policy Committee.

Where the national Sections or Policy Committee decide not to make a submission, or where no appropriate national Section or constituent body exists, the Branch must seek Board approval. The Branch must demonstrate that:

The matter is grounded in the broader interests of justice and of special significance at the local or regional level, and
It has notified the other Branches of the submission. The Board may permit the Branch submission, subject to Branch procedures and Policy Committee review confirming consistency with CBA policy and the Association’s broader interests. Where no appropriate national Section exists, the Board may approve the submission as a CBA statement.

Questions as to whether a subject is a federal matter are governed by CBA Bylaw No. 1, s. 45.

5.7 Judicial interventions

The Policy Committee exercises oversight under the CBA Intervention Regulation, which governs when and how the Association may appear before a court as an intervenor. The decision to intervene and the required consultation must follow the CBA Intervention Regulation, CBA Bylaw and applicable policies.

6. Conflicts of interest

Members involved in preparing, commenting on or approving advocacy materials must disclose to the Chief Advocacy Officer an actual, potential or perceived conflict of interest or the appearance thereof. A conflict of interest exists where a member’s personal, financial, or professional interests and/or duties to another person or organization could compromise or appear to compromise the member’s judgment or actions. Disclosure should normally be made in writing before participation but may be made verbally or by other reasonable means where circumstances require. Disclosure must be updated if and as soon as circumstances change.

Where disclosure is not appropriate, the member must withdraw from participation. The Policy Committee ensures balanced input to maintain independence and credibility. Reference: CBA Bylaw No. 1, Article 60.

7. Compliance and accountability

Failure to comply with this policy or the Principles of Conduct Policy may result in withdrawal of authority to act or speak on behalf of the CBA, disciplinary measures for staff or removal from volunteer roles. Breaches arising from online communications are addressed under the CBA Social Media Policy. The Policy Committee monitors compliance and reports annually to the Board.

8. Coalitions and joint initiatives

The CBA may participate in coalitions or joint initiatives with external organizations to advance shared policy or justice objectives, provided the collaboration aligns with CBA priorities and safeguards the Association's independence, non-partisanship and credibility.

8.1 Approval

Participation by the CBA or any national constituent body requires authorization by the President, following review and recommendation by the Policy Committee.

If Branches wish to engage in coalitions on provincial or territorial matters, and where the issue intersects with national policy or affects multiple Branches, coordination with the Chief Advocacy Officer and the Policy Committee is required.

8.2 Policy Committee oversight

In reviewing coalition participation, the Policy Committee considers alignment with CBA priorities, reputational risk, financial and resource requirements and potential for duplication with other CBA initiatives.

The CBA representative must report to the Chief Advocacy Officer on coalition activities. All coalition statements involving the CBA's name, logo or endorsement require approval under this policy before being used or issued.

The Board may impose conditions or withdraw from any coalition that no longer aligns with CBA policy or threatens the Association's independence.

8.3 Federal Lobbying Act obligations

The Lobbying Act applies only to lobbying activities undertaken for payment or as part of paid employment. As such, CBA volunteers are not required to register under the Act or to report their communications with designated public office holders.

The CBA President and National Office staff who communicate regularly with government officials will be registered as lobbyists in accordance with the Act.

If a person a volunteer meets in their capacity as a CBA volunteer identifies themselves as a designated public office holder and asks whether the volunteer is registered, the volunteer may advise that registration is not required, as the Act applies only to paid lobbying activities.

Under section 2(1) of the Lobbying Act and related regulations, designated public oﬃce holders include:

Ministers and Ministers of State
Employees of Ministers’ offices and the Office of the Leader of the Opposition
Members of Parliament and Senators
Deputy Ministers, Associate and Assistant Deputy Ministers, and officials of comparable rank
Eleven additional senior positions designated by regulation, most of which are within the Canadian Armed Forces and the Royal Canadian Mounted Police

9. Review and evaluation

This policy is reviewed every three years by the Policy Committee in consultation with the Chief Advocacy Officer and the Governance and Equity Committee. An annual report summarizing advocacy submissions, interventions and coalition activity is presented to the Board.

Relevant Documents

This policy should be read in conjunction with the following governing instruments and related policies:

CBA Act of Incorporation
CBA Bylaw No. 1
The CBA Intervention Regulation
The CBA Section Regulations
CBA Principles of Conduct Policy
CBA Social Media Policy

Document Revision History

This Policy supersedes and replaces: 2010/2018 Advocacy Policy, Federal Submissions Policy, Conflicts of Interest Policy; CBA Coalitions Policy; CBA Public Relations Policy, CBA Spokesperson Policy.

Version	Date Issued	Author / Editor	Description of Change	Reviewed By	Approved By	Eﬀective Date	Status
1.0	Nov 12, 2025 Dec 1, 2025	Yves Faguy/Steve Levitt	Initial policy creation	Policy Committee Governance & Equity Committee	Board of Directors	Dec 18, 2025	Active

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