WHEREAS in 1974 the Canadian Bar Association adopted a resolution that "the right of an individual to recover general damages from the wrong-doer in motor vehicle cases and to have such right adjudicated in the courts is one of the most vital hallmarks of the Canadian system of justice";
WHEREAS several provinces have implemented no-fault compensation schemes, purportedly to address rising costs associated with motor vehicle accidents, and no-fault schemes have been proposed as a possible solution to rising costs of liability insurance in other sectors;
WHEREAS no-fault compensation schemes result in a bureaucratization of justice with rights prescribed by legislation which, in most circumstances, reduces the level of pecuniary compensation and eliminates compensation for non-pecuniary damages for innocent accident victims;
WHEREAS implementation of no-fault compensation schemes is not in the public interest and, among other concerns, eliminates the right of innocent accident victims to seek redress before an independent judiciary, and at the same time relieves parties of responsibility for their negligent or wilfully tortious conduct;
WHEREAS CBA Council directed the formation of a Tort Liability Task Force at the 1999 Annual Meeting in Edmonton;
WHEREAS it is believed that this resolution more completely reflects the intention of the Canadian Bar Association to demonstrate how the policy and social values promoted by the tort system are compromised by no-fault compensation schemes, and how no-fault schemes have generally failed and are not in the public interest.
BE IT RESOLVED THAT the Canadian Bar Association:
- rescind Resolution 99-08-A, forming the Tort Liability Task Force; and
- form a working group on no-fault compensation, with a mandate to:
- study and report on the policy and social values promoted by the tort system (such as encouraging people to adhere to a higher standard of care by holding them accountable for their negligent or wilfully tortious conduct), and demonstrate the extent to which these values are compromised by no-fault compensation schemes;
- study no-fault compensation schemes introduced in jurisdictions within and outside Canada and compile information about the failings of these schemes, including information from persons affected by them;
- develop and compile educational information and a strategy for informing lawyers and the public about the undesirability and negative consequences of no-fault compensation schemes;
- develop a comprehensive plan, recognizing provincial and territorial differences, to combat the introduction or expansion of no-fault compensation schemes anywhere in Canada, including:
- identifying and targeting financial resources to combat the introduction of no-fault compensation schemes;
- gathering and developing materials for distribution based on past experiences and strategies for combating the introduction of no-fault compensation schemes; and
- identifying public and private organizations willing to assist in forming anti-no-fault coalitions to resist the introduction of no-fault compensation schemes;
- develop a comprehensive plan to dismantle no-fault compensation schemes in provinces where they have already been introduced; and
- liaise with members and organizations regarding matters in the scope of the mandate.
Certified true copy of a resolution carried as amended by the Council of the Canadian Bar Association at the Annual Meeting held in Saskatoon, SK, August 11-12, 2001.
John D.V. Hoyles
Executive Director/Directeur exécutif