Welcome letter to the Minister of Justice and Attorney General of Canada

Via email: sean.fraser@parl.gc.ca

The Honourable Sean Fraser, P.C. M.P.
Minister of Justice and Attorney General of Canada
284 Wellington St.
Ottawa, ON K1A 0H8

Dear Minister Fraser:

On behalf of the Canadian Bar Association (CBA), we extend our congratulations on your appointment as Minister of Justice and Attorney General of Canada. We also request a meeting at your earliest convenience as the CBA can offer concrete recommendations on issues of mutual interest outlined below. The CBA brings the unique perspective of a network of lawyers with expertise on how the law touches the lives of people every day.

Having been a member of the CBA, you know that we are a national association of more than 40,000 lawyers, judges, Québec notaries, law teachers and students, with a mandate to promote improvements in the law and the administration of justice. The Minister of Justice and the CBA share many fundamental values that direct our respective work in this regard: a commitment to the rule of law, access to justice and the Canadian Charter of Rights and Freedoms (Charter); and an understanding of the need to uphold the independence of the judiciary and the legal profession. More specifically, a few key examples are addressed below.

Matters affecting the judiciary

We commend your predecessor’s efforts to reduce judicial vacancies, which are now at a historic low. Continued timely appointments remain essential to avoid case backlogs, trial delays, and strain on sitting judges.

We were pleased to see your government’s commitment in Budget 2024 to consult on repealing the residency requirements for judges of the Federal Court and Tax Court of Canada—a change the CBA has long advocated for.¹ Removing these requirements will broaden the pool of qualified candidates, enhance regional and demographic diversity on the federal bench, and support a more inclusive, bilingual and representative judiciary.

We take this opportunity to emphasize that a strong and effective justice system requires sustained attention to its foundational infrastructure and investment in it. Beyond timely judicial appointments, this includes stable court funding, accessible legal aid, alternative dispute resolution resources, modern technology, reliable interpretation and bilingual services. These supports are essential to reducing delays, ensuring procedural fairness, and upholding access to justice across Canada. This is particularly true as the complexity—and consequently the cost—of matters before the courts continues to rise rapidly. When justice institutions are adequately resourced, they are better equipped to deliver timely, inclusive, and people-centred services—strengthening public confidence, safeguarding Charter rights, and supporting social and economic stability. A strong and independent justice system is also fundamental to a healthy democracy. When any part of the system is under-resourced, the integrity of the whole is called into question, and public trust in national institutions begins to erode.

Protecting the Canadian Charter of Rights and Freedoms

As the party of the Charter, your government has reaffirmed its commitment to uphold the Charter and to guarantee that all Canadians are equal, regardless of their sexual orientation, gender identity, or gender expression. The CBA shares this commitment and has raised concerns about the increasing use of the notwithstanding clause in ways that preclude judicial scrutiny.² The CBA consistently calls for clear legislative guardrails to ensure that section 33 is used only in exceptional circumstances, following meaningful public debate and judicial consideration.

Excluding lawyers from Administrative Penalties and Consequences

We further share our concerns over the continued development of an Administrative Penalties and Consequences (APC) framework under the Immigration and Refugee Protection Act and Citizenship Act. As former Minister of Immigration, Refugees and Citizenship, you have witnessed firsthand the CBA’s commitment to strengthening compliance and integrity across immigration processes. However, the CBA has grave concerns about the potential impacts of including lawyers in the APC framework on solicitor-client privilege and the self-regulatory role of law societies. These are not merely professional matters—they are constitutional pillars. Protecting Canada’s democratic institutions, legal system, and sovereignty depends on safeguarding the independence of the bar and judiciary. The CBA insists that lawyers must not be subjected to the APC Framework.³

Advancing a more accessible, responsive and just legal system for all – particularly those most vulnerable

As you take on this important portfolio, we urge continued attention to key reforms that promote a more accessible, fair, and responsive justice system—especially for marginalized and underserved communities. Whether by strengthening the bail system to balance public safety and rights⁴, advancing reconciliation through less adversarial litigation strategies—such as those set forth in the “Attorney General of Canada’s Directive on Civil Litigation involving Indigenous Peoples” (2018)—or expanding Unified Family Courts to streamline services for families in crisis⁵, each of these efforts reflects a commitment to justice that is timely, coordinated, and people-centred.

We look forward to meeting with you in the near future to discuss how we can best be of assistance on these and other issues of mutual interest.

Sincerely,

Lynne M.J. Vicars

cc. Shalene Curtis-Micallef, Deputy Minister of Justice and Deputy Attorney General of Canada (Shalene.Curtis-Micallef@justice.gc.ca)

Savannah DeWolfe, Chief of Staff, Office of the Minister of Justice and Attorney General of Canada (savannah.dewolfe@justice.gc.ca)

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