Seven resolutions were submitted for debate
The Canadian Bar Association (CBA) will debate seven resolutions in its upcoming annual general meeting next month.
Nova Scotia Department of Justice’s Heidi Schedler sponsored a resolution that proposes renaming the Canadian Corporate Counsel Association (CCCA) to the Canadian Bar Association - In House Lawyers (CBA-IL).
The resolution recommends integrating the new name and logo between February and April this year. The CBA-IL name is intended to reinforce the CCCA’s connection to the CBA and incorporate lawyers in the organization representing a single client.
The CCCA consulted a marketing firm to identify a suitable name. The association also engaged French-speaking board members and CBA Quebec Branch members to review the French translation of the name for appropriateness.
The CCCA is a voluntary organization representing 5,000 in-house counsel in Canada. Ballard Power Systems Inc.’s Ranjeev Sangra seconded the resolution.
The CBA’s International Law, Business Law, Commodity Tax, Customs and Trade and the Competition Law and Foreign Investment Review Sections submitted a resolution urging the federal government to improve predictability and transparency in applying sanctions, enabling Canadian individuals or entities to establish compliance plans and procedures.
The CBA also called for the federal government to respond promptly to sanctions permit applications and implement service standards ensuring effective response time. Moreover, the resolution urged the government to be transparent in its sanctions activity reports regarding the number of applications received, granted, and denied and the number of sanctions-related proceedings before the courts.
Dentons’ Sean Stephenson sponsored the resolution, which Gowling WLG’s Ryan Pistorius seconded.
The National Privacy and Access to Information Law Section presented a resolution for the CBA urging the government to restrict multipart legislation combining considerably different and unrelated subject areas.
The handling of Bill C-27 and Bill C-63 drove the move for the resolution by previous section chair Sinziana Gutiu. McInnes Cooper’s David Fraser seconded the resolution.
According to the resolution, combining laws restricts opportunities to scrutinize, discuss, and consult with the public. Thus, reform may be delayed as unrelated aspects need to be considered concurrently.
The resolution also stops Parliamentarians from supporting or opposing specific portions of multipart bills; they must consolidate their position on all concerns.
Another resolution for the CBA by the National Privacy and Access to Information Law Section calls for Canadian governments to provide enough funding and resources for privacy and access to information regulators, as well as access to information and privacy offices within public institutions.
In her 2023-2024 annual report, Canada Information Commissioner Caroline Maynard indicated that certain institutions record ongoing delays in responding to requests for access to information. Thus, institutions reply to just a third of requests within statutory timeframes.
The Office of the Information Commissioner also reported a need for dedicated teams coordinating access requests at institutions, workload concerns, sluggish responses from record-holders, and inadequate knowledge on appropriately handling access requests and meeting access obligations per the Access to Information Act.
Gutiu moved this resolution as well, with Fraser seconding it.
The Child and Youth Law Section submitted a resolution calling for CBA members to vote for repealing a 2016 resolution pitching a narrow interpretation of the Criminal Code’s section 43, which provides a defence of “reasonable force.” The resolution urges the federal government to eliminate section 43 and outlaw the physical punishment of children.
The United Nations Committee on the Rights of the Child and the Truth and Reconciliation Commission supported the repeal call. Cheryl Milne of the University of Toronto’s David Asper Centre for Constitutional Rights moved the resolution, which Phillips Aiello’s Wendy Martin White seconded.
The resolution also requests a boost in public education to bolster parental competence, limit parents’ criminal prosecution, and reduce the need to intervene in family issues.
The Law Students, the Women Lawyers Forum and the Sexual and Gender Diversity Alliance Sections, as well as the Equity and Access to Justice Subcommittees, presented a resolution urging the CBA to:
Aarbo Fuldauer LLP’s Graeme Maitland moved the resolution in light of challenges faced by new legal professionals while articling, which include harassment, discrimination, and a demanding work culture. The Alberta Energy Regulator’s Shauna Gibbons seconded the resolution.
The Family Law Section proposed a resolution calling for the CBA to seek input from the Federation of Law Societies of Canada on amending federal divorce legislation.
The resolution pushes for the amendment of the Divorce Act’s Model Code to include practice standards for family lawyers. It also calls for the Rule 5.1-1 text to be amended.
The federation is evaluating the Model Code and consulting on changes responding to the Truth and Reconciliation Commission’s 27th Call to Action. However, the federation has not responded to the CBA pitches to modify the text. The resolution urges the CBA to set a meeting with the Federation of Law Societies’ model code standing committee by mid-year, with a proposal to craft an implementation work plan for 2026-2027.
Brown Law Group’s Tracy C. Brown sponsored the resolution, which Kenet Family Law’s Eric Sadvari seconded.
The CBA has invited the public to provide feedback on all the resolutions through its discussion board.
