Legislation & Law Reform Committee

Most CBA law reform work is through Sections. However, this guide applies equally to Conferences and Committees.

Why should the CBA do Legislation and Law Reform (L&LR) activities?

• mandate of the CBA includes improvement of the law and the administration of justice, equality in the law and advocacy to protect the public interest.
  
  
• CBA effectiveness in law reform is based equally on its reputation for objectivity and independence, its professional expertise, and its national voice.
  
  
• Section participation gives CBA members an opportunity to influence legislation and public policy, and to ensure that CBA submissions reflect a balanced position on the range of expertise and views within the CBA.
  
  
• speaking on behalf of the CBA or a Section carries a responsibility as well. Approval process ensures that statements are consistent with CBA policy, and that the CBA speaks with one voice. This ensures CBA credibility and ability to influence change.
  
  
• all statements, even those on behalf of a Section, must be approved in accordance with CBA By-laws, articles 82 & 83.

National Section Deliverables

• expertise on substantive issues, including preparation of written submissions
  
  
• selection of priority issues for response
  
  
• timely agreement on response to issues — normally by ratifying written submissions
  
  
• input and agreement on strategic lobbying plan

CBA National Office Deliverables

• tracking issues through Parliament and federal government department
  
  
• assistance in developing strategic lobbying plan, including media strategy
  
  
• assistance in developing effective messages
  
  
• assistance in identifying key decision-makers
  
  
• preparing and distributing written submissions
  
  
• administration of meetings with key decision-makers
  
  
• assistance in preparing you for meetings and appearances

Be prepared before L&LR issues arise

• Consider what will work best for your Section:
  
  
  • creating an L&LR sub-committee in your Section
    
    
  • creating sub-committees to deal with specific subject matter
    
    
  • designating an L&LR liaison on your Section Executive
    
    
  • regardless, make sure the Branch Sections are involved.
• Inform the Director, Legislation and Law Reform of your choice.

Initiating and preparing a submission

• Submissions on federal matters are the prerogative of the CBA and its national constituent bodies. ( See Federal Submissions Policy)
  
  
• initiated by
  
  
  • L&LR staff — sending Bill/discussion paper to interested Sections, Conferences and Committees
    
    
  • Section — get in touch with Director, Legislation and Law Reform
    
    
  • external body — sending it to the Section or to National office.
  
  
  
• Initial contact is with Section Chair and Section member(s) responsible for L&LR.
  
  
• For those initiated by L&LR staff or external body, Section determines priority for response in conjunction with L&LR staff.
  
  
  • not necessary to respond to everything — consider importance of issue vs. resources and energy available to produce a response.
  
  
  
• If Section decides to do a submission, Section and L&LR staff agree on:
  
  
  • Section liaison person; contact on L&LR staff.
    
    
  • who will prepare what
    
    
  • time lines.
    
    
• L&LR staff monitors progress, maintains liaison with Parliamentary Committee, departmental staff, etc. If appearance is indicated, L&LR staff make arrangements.
  
  
• time lines — take into account writing, editing, Section approval, translation, L&LR Committee review, Executive Officers/Board of Directors approval.
  
  
• drafting guidelines — available from L&LR staff.

Approval of Submissions

• L&LR staff coordinates approval.
  
  
• All participants are subject to the Conflict of Interest Policy.
  
  
• First step is review by the Legislation and Law Reform Committee, to ensure:
  
  
  • format reasonably follows spirit and intent of drafting guidelines
    
    
  • no grammatical or typographical errors
    
    
  • both official language versions of legislation have been considered
    
    
  • authors represent the range of interest in the topic amongst CBA membership (even when considering a statement on behalf of a Section, Committee ensures that the views of other Sections or Committees with an interest in the subject matter have been sought)
    
    
  • all aspects of an issue have been canvassed thoroughly and considered in a balanced manner, and that resulting conclusion either represents a consensus or acknowledges differing opinions
    
    
  • submission is expressed in language and in form which will be understood by its intended audience and, in particular:
    
    
    • it describes background and purpose
      
      
    • it can be understood without reference to other documentation
      
      
    • all conclusions are supported by clearly expressed reasons
      
      
    • all conclusions and reasons well supported by fact, law and policy
      
      
    • tone dispassionate and objective, avoids defensive or antagonistic approach
      
      
    • quality of appearance and style consistent with CBA standards
  • submission is consistent or compatible with existing CBA policy.
  
  
  
• Final approval by Executive Officers or National Board of Directors.

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