Bilingualism: CBA National Language Policy

Operational policy of the CBA revised by Board of Directors February 2019.

1. Principles

The Canadian Bar Association’s goals for linguistic equality are based on these principles.

Commitment to linguistic equality
1.1 The CBA is committed to the principles of linguistic equality in the Canadian Charter of Rights and Freedoms and the Official Languages Act.

English and French are the official languages
1.2 English and French are the official languages of the CBA.

Right to service in language of choice
1.3 Members of the CBA and the public may communicate with the CBA in either English or French and have the right to be served in the official language of their choice.

Use of English and French to be encouraged at all levels
1.4 The CBA is committed to creating an environment, at all levels of the national organization, in which people feel free to use the official language of their choice.

Branches encouraged to offer bilingual services
1.5 The CBA encourages its Branches to adopt a bilingualism policy and to offer services in both official languages so that members may address the Branch in the official language of their choice.

2. GENERAL Meetings and Board Meetings

Goal – Speakers at General Meetings and Board of Directors meetings should expect to be understood when speaking in either official language.

Bilingual services at General Meetings and Board Meetings
2.1 General Meetings and Board meetings will be bilingual and simultaneous interpretation services will be provided unless all members present decide otherwise.

Bilingual staff at General Meetings and Board Meetings
2.2 Bilingual personnel will be among the staff assigned to General Meetings and Board Meetings.

3. Committee Meetings

Goal – CBA committees should endeavor to work in both official languages.

3.1 In this Part, “committee” includes Board committees, subcommittees, task forces, National Sections, and the Boards of Directors and committees of related corporations.

Bilingual members
3.2 All committees should include, to the extent practicable, some members able to work in both official languages.

Members choose language of discussion
3.3 Committees may operate in the official language(s) chosen by their members, bearing in mind the CBA’s commitment to linguistic equality.

4. Documents

Goal – Bilingual versions of all important CBA documents should be released simultaneously.

Resolutions, bylaws and regulations
4.1 All resolutions considered at General Meetings and all Bylaws and Regulations shall be adopted and available in both official languages. The English and French versions are equally authoritative and, in the case of ambiguity, will be interpreted in the same way that the courts would interpret bilingual statutes in Canada.

Word-for-word record of General Meetings
4.2 A word-for-word record of General Meetings must reflect the official language used by each speaker.

Minutes – General Meetings
4.3 If prepared, minutes of General Meetings must be available in both English and French.

Notices, program and registration packages
4.4 All notices, program and registration materials for General Meetings must be issued simultaneously in English and French.

Documents – General Meetings
4.5 All resolutions and major documents prepared for consideration at General Meetings must, to the extent possible, be simultaneously released in English and French.

Task Force and Committee reports
4.6 All major Task Force and Committee Reports must be publicly released simultaneously in English and French.

Branch bylaws and regulations
4.7 CBA Branches are encouraged to have English and French versions of their bylaws and regulations.

5. Communication with Members and the Public

Goal – CBA members and the public should be able to receive service in the official language of their choice.

Correspondence
5.1 All correspondence addressed to the CBA National Office in one of the official languages must be answered in that language.

Third party services
5.2 The CBA will ensure that third parties offering services to its members on its behalf respect the principles of linguistic equality in this policy.

Publications
5.3 All national CBA magazines, newspapers, bulletins, newsletters, reports, directories and other written communications with the public or members generally, must be bilingual or use English and French in a combination that reflects their use in Canada.

News releases
5.4 All national news releases must be issued simultaneously in English and French.

Speeches by the President
5.5 The President’s speeches will include English and French content.

Awards
5.6. Awards and recognitions of achievement should be presented in the official language of the recipient.

6. Internal Administration

Goal – The CBA National Office should be able to serve members and the public in both official languages.

Inquiries for services
6.1. All national CBA services will be available in both official languages. Staff likely to be the first point of contact with CBA members and the public should be able to respond in both official languages. They should refer inquiries to knowledgeable staff who can answer in the official language used by the caller.

Senior personnel
6.2 The CEO, executive directors and directors at the national CBA office should be able to communicate with members in both official languages. Among this group, some employees must have an excellent command of English and some must have an excellent command of French.

Hiring and promotion
6.3 A person’s ability to communicate in both official languages is one criterion that must be considered when hiring a new employee or considering an employee for promotion.