Principles of Conduct

Preamble and Purpose

The Canadian Bar Association (CBA) is committed to fostering an inclusive, respectful, and professional environment that upholds the highest standards of integrity, equity, and collegiality. This Principles of Conduct applies to all members, employees, volunteers, and representatives of the CBA, as well as participants and guests at CBA-sponsored events and activities (“CBA participants”) and their interactions in person or through social or other electronic media. Adherence to this policy is essential to maintaining the trust and confidence of the membership, the legal profession, the public, and other stakeholders. The Principles of Conduct policy supplements the governing rules applicable for members of the legal profession and applies to all CBA participants.

1. Definitions

1. “Harassment” refers to engaging in a course of vexatious comments (verbal or written) or engaging in an action or conduct directed against anyone in the workplace that is known, or ought reasonably to be known, to be unwelcome, offensive, humiliating, or demeaning. This includes making remarks, jokes or innuendos that demean, ridicule, intimidate or offend.
2. “Sexual harassment” includes unwelcome sexual advances, requests for sexual favors, or other conduct of a sexual nature that creates a hostile, intimidating, or offensive environment.

2. Integrity and professionalism

Abusive, threatening, or aggressive language, regardless of the medium (e.g., phone, email, social media, discussion boards, or in person), will not be tolerated and may result in a denial of service or further engagement.
CBA participants, acting in any capacity on the CBA's behalf and in their interactions with other CBA participants, are expected to:

1. Demonstrate honesty, integrity, ethical behavior, and professionalism in all interactions and activities conducted under the auspices of the CBA.
2. Comply with all applicable laws, regulations, and professional standards.
3. Avoid conflicts of interest and promptly disclose any situation that may impair their ability to act impartially or in the best interests of the CBA.
4. Engage with one another with courtesy, civility, good faith and mutual respect.
5. Cooperate fully with investigations while respecting the confidentiality of the process.
6. Respect the fundamental premise that volunteers give generously of their time and talents.
7. Participate in CBA activities constructively, in cooperation with other CBA participants and refrain from inappropriate conduct that is discourteous or damaging to the reputation of the CBA and CBA participants.
8. Refrain from making inappropriate or unwarranted demands on CBA resources and facilities, including the time of other CBA participants, financial and information technology resources.
9. Understand that if a request has already been answered, and is repeatedly brought forward, the CBA will consider the matter closed.

3. Respect and inclusion

1. The CBA is committed to diversity and inclusion. Members must treat everyone with respect and dignity, regardless of race, ancestry, place of origin, colour, ethnic origin, citizenship, creed, sex, sexual orientation, gender identity, gender expression, age, marital status, family status or disability.
2. Abusive, threatening, discourteous or aggressive language in whatever form (e.g., phone, email, in person, social media etc.) will not tolerated.
3. Harassment, discrimination, defamation, bullying, and sexual harassment are strictly prohibited.
4. Members are expected to actively promote an inclusive environment, ensuring equitable opportunities for all within the profession.

4. Collaboration and collegiality

1. CBA participants are expected to engage with colleagues, CBA staff, stakeholders, and the public in a spirit of cooperation and mutual respect.
2. Constructive dialogue and active listening are encouraged to resolve conflicts and build consensus in the best interests of the association and the profession.
3. CBA participants are expected to act in ways that foster trust and goodwill, recognizing the collective success of the CBA and the legal profession.
4. CBA members and volunteers are expected to seek consensus through open discussion and debate, with appropriate consideration and respect for legitimate dissent.

5. Governance and compliance

1. Members must comply with CBA policies, bylaws, procedures and governance processes.
2. Members serving in leadership roles must act in the best interests of the association and avoid any actions that could undermine the CBA’s mission or credibility.

6. Confidentiality and privacy

1. CBA Participants must respect and protect confidential information obtained through their association with the CBA, including the personal information of colleagues and other stakeholders.
2. In the course of day-to-day business, volunteers and employees may receive sensitive information relating to, among other things, CBA Section work, CBA plans, practices, programs, methodology, pricing, finances, customers, volunteers, members and staff. This information must be kept confidential.
3. The CBA will make every effort to ensure the confidentiality of the harassment complaint process, but cannot guarantee absolute confidentiality to any party in the complaint. 
4. All work products, submissions, and materials generated by CBA Sections and Committees are confidential and must not be shared, disclosed, or referenced in any public forum, including social media, until they have been formally reviewed, approved, and released to the public by the CBA. This ensures that all communications align with the CBA's strategic priorities and maintains the integrity of the Association's advocacy efforts.
5. Throughout their CBA participation and after their involvement with the CBA ends, a CBA participant has a continuing obligation to maintain the confidentiality of confidential information obtained.

7. Accountability

1. Members are accountable for their actions and must take responsibility for upholding the values and principles of this policy.
2. Members are strongly encouraged to report to the HR Director or other appropriate CBA authorities any concerns, incidents and/or knowledge of any breach of this policy and, follow the measures and procedures set out herein.
3. Retaliation against individuals who report concerns in good faith is strictly prohibited.
4. CBA may impose disciplinary actions outlined in s. 8.11 on a CBA member who has been professionally disbarred, disciplined or suspended by a law society. The member may appeal the disciplinary actions as outlined below.

8. Complaint and investigation procedures

1. CBA legal obligations: If the CBA becomes aware of circumstances or information indicating a potential violation of this policy or applicable legal obligations, the CBA may investigate the matter, either informally or formally, even if no formal complaint has been filed.
2. Filing a complaint: The CBA or any CBA participant may file a complaint if they believe there has been a violation of the Principles of Conduct. Grounds for complaints include, but are not limited to:
   1. Harassment, including sexual harassment.
   2. Discrimination or bullying.
   3. Breaches of integrity, professionalism, or confidentiality.
   4. Any other violations of the policy.
3. Form and content of complaints: Complaints must be submitted in writing to CBA’s HR Department (CBA HR). The complaint should include:
   1. The name of the individual(s) alleged to have violated the policy.
   2. A detailed description of the alleged misconduct, including dates, locations, and any supporting evidence.
   3. Contact information for the complainant and any witnesses.
4. Confidentiality: Complaints and reports will be handled with the utmost confidentiality to protect the privacy of all parties involved, except where disclosure is required by law or necessary to conduct a thorough investigation.
5. Initial review of complaints
   1. Upon receipt of a complaint, CBA HR will acknowledge its receipt in writing.
   2. CBA HR will review the complaint to determine whether it falls within the scope of the policy and whether sufficient information has been provided to warrant further action.
   3. Reports and complaints that are frivolous, vexatious, or outside the scope of the policy may be dismissed at this stage. If dismissed, the complainant will be informed of the dismissal and the reasons for it.
6. Informal resolution: A Complainant or Respondent may be willing to resolve the matter informally before an investigation is commenced or completed, or before a decision is made. The CBA or either party can seek to initiate an informal resolution process. For it to be a meaningful process, participants must engage voluntarily and remain free from reprisal. At any stage during the informal process, either the Complainant or the Respondent may indicate they would like the complaint to move forward to or resume the investigation and decision-making process. If the Complainant and Respondent are able to reach an informal resolution the matter will be closed.
7. Investigation process
   1. If the complaint proceeds, an impartial investigator will be appointed. This may be an internal designate or an external professional with expertise in workplace or organizational investigations.
   2. The individual accused of misconduct (the respondent) will be notified of the complaint and given an opportunity to respond. The notice will include:
      1. A summary of the allegations.
      2. Information about the investigation process.
      3. A deadline for submitting a response.
8. Fact-finding
   The investigator will gather relevant information, including:
   1. Interviews with the complainant, respondent, and witnesses as appropriate.
   2. Review relevant documentation, communications, or other evidence.
9. Interim measures: If necessary, the CBA HR Director or designate may implement interim measures (e.g., temporary suspension of membership privileges or event participation) to ensure a safe and fair environment during the investigation. If interim measures are necessary, the CBA will seek to implement the least disruptive measures that still promote safety and security. Such measures are without prejudice to the ultimate outcome of the complaint and are not intended to be disciplinary in measure.
10. Investigation report and determination
    1. Upon completion, the investigator will prepare a written report summarizing the findings and conclusions. The report will not include recommendations for disciplinary action but will indicate factual findings related to the allegations.
    2. The investigation report will be submitted to the CBA HR Director (or designate), which will review the findings and determine whether corrective actions, including disciplinary or administrative measures, are appropriate under the circumstances.
    3. Both the complainant and respondent will be informed of the outcome in writing. The notification will include:
       1. A summary of the findings.
       2. The rationale for the decision.
       3. Information about any disciplinary actions, if applicable.
11. Disciplinary actions
    Disciplinary measures may include, but are not limited to:
    1. Formal warning or reprimand.
    2. Mandatory training or counseling.
    3. Temporary suspension of CBA membership or privileges.
    4. Removal from elected or appointed office.
    5. Revocation of membership or removal from leadership positions.
    6. Any other disciplinary or administrative action deemed appropriate under the circumstances.
    Disciplinary actions will be proportional to the severity of the violation, the respondent’s conduct history, and the impact on the CBA and its members.
12. Appeals process
    1. Either the complainant or respondent may appeal the decision or disciplinary action within 30 days of receiving the decision notification.
    2. A three-person Appeals Committee will be appointed by the CBA Board’s Governance and Equity Committee. The committee will consist of independent members who were not involved in the original investigation.
    3. The Appeals Committee may affirm, modify, or overturn the original decision. The decision of the Appeals Committee is final.
13. Record-keeping
    Records of all complaints, investigations, and outcomes will be securely maintained for a period of at least seven years.
14. Non-retaliation
    1. Retaliation against anyone who files a complaint, participates in an investigation, or reports concerns in good faith is strictly prohibited.
    2. Allegations of retaliation will be investigated and addressed as a separate violation of the policy.