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Name
This Section of the National Sections Council of the Canadian Bar Association (the Association) shall be known as "The National Aboriginal Law Section" (the Section).
Purpose
The purpose of the Section is:
- to respond to the needs of Association members, facilitating wide participation and involvement by Section members;
- to ensure that Section members are kept up-to-date on current developments in the law and national section activities;
- to regularly submit recommendations for effective action that might be undertaken with regard to legal issues and legislation;
- to enhance communication and cooperation with, inter alia, the National Office, other Sections, and Branch Sections, to stimulate and strengthen Section activity;
- to interact with governments and other agencies and organizations as appropriate;
- to work towards the financial self-sufficiency of the Section;
- to respond to proposed legislation in a timely and effective manner.
Terms of Reference
The Section deals with law and practice of Aboriginal law including federal, provincial and territorial legislation relating to aboriginal people, aboriginal and treaty rights including native land claims, constitutional reform, administration of justice, traditional aboriginal law and selected matters.
Limitation
This By-law has been adopted subject to the Constitution and By-Laws of the Association.
Membership
Membership in the Section shall consist of:
- any member in good standing of the Association who has enrolled as a member of a corresponding Branch Section and paid the annual Branch Section dues; and
- where there is no corresponding Branch Section, any member in good standing who has enrolled as a member of the National Section.
Executive Committee
The Section shall be administered by an Executive Committee composed of:
- the Officers of the Section;
- the Chairs of any corresponding Branch Sections;
- any other member of the Section elected as an Honourary Member by the Section members present at the annual Spring meeting of the Section;
- any other members of the Section, elected Members-at-Large by the members of the Section present at the annual Spring meeting of the Section.
Officers
The Officers of the Section are the Chair, Vice-Chair, Secretary, Treasurer and Immediate Past Chair.
Duties
The duties of the Officers are:
- Chair - represents the Section on National Sections Council and, to the extent possible, attends all National Sections Council meetings, presides at meetings of the Section, oversees the performance of all activities of the Section, reports prior to each Annual Meeting of the Association on the work of the Section for the year just ending, and has other powers and duties usually associated with such office.
- Vice-Chair - assists the Chair in the performance of the responsibilities of that office, acts for the Chair during the absence or inability of the Chair to act, and has other powers and duties designated by the Chair.
- Secretary - consults with and assists all members of the Executive Committee with the work of the Section generally, is the custodian of all principal records and reports of the Section, takes minutes of meetings and ensures compliance with the By-Law of the Section and policies of the Association, and has other powers and duties designated by the Chair.
- Treasurer - consults with and assists all members of the Executive Committee with the work of the Section generally as they may request, is responsible for budget requests and the financial affairs of the Section, recommends to the Chair financial policies for the Section and has other powers and duties designated by the Chair.
- Immediate Past Chair - assists the Chair and Vice-Chair in the performance of their duties as they deem appropriate. The Immediate Past Chair is responsible for any election in accordance with Article 8.
Term of office
The term of office of each position commences on September 1 following the election and continues for at least one, but not more than two years, terminating on August 31. The term of office for Honourary Members commences upon election and continues as long as the Honourary Member is a member in good standing of the Association and chooses to participate.
Nominations and elections
Section Officers, Honourary Members and Executive Members-at-Large shall be chosen by the Section members present at the annual Spring meeting of the Section.
Office vacancy
Where an office becomes vacant whether by death, resignation or disqualification, the remaining Executive Committee members may determine by majority vote to fill that office or leave it vacant. If the Executive Committee decides to fill the vacancy, a candidate shall be elected by a majority vote of the remaining Executive Committee members.
An Officer so elected shall serve until August 31 following his or her appointment. If an Officer is so elected on or before March 1, the period from the election to August 31 shall count as one year in determining term of office under Article 7. If the Officer is so elected after March 1, the period until August 31 shall not count in determining term of office under Article 7.
Membership meetings
The Section shall hold an annual meeting of the Section in conjunction with the annual National Aboriginal Law CLE Program ("the Spring meeting"). The Section may, upon approval of the Executive, hold other Section meetings throughout the year. Notice of the time, place and general purpose of a Section meeting shall be provided by the Secretary at least 30 days prior to the meeting.
Membership quorum
The members of the Section present at any Section meeting shall constitute a quorum for the transaction of business.
Membership decisions
Decisions binding the Section shall be by majority vote of the members present and voting.
Membership agenda
The agenda for business to be transacted at the annual Spring meeting of the Section consists of matters decided by the Officers or and those submitted to the Secretary by any member.
Executive Committee meetings
The Executive Committee shall meet in person at least annually either at the Annual Meeting of the Association or, alternatively, at the call of the Chair. Notice of the time, place and general purpose of an in person meeting shall be sent to each member of the Executive Committee at least 30 days prior to the meeting. Such meeting may be held in conjunction with the Annual Spring Meeting of the Section.
Telephone conference
The Executive Committee may meet by telephone conference call at the call of the Chair. Notice of the time and general purpose of the meeting shall be sent to each member of the Executive Committee at least three days prior to the meeting.
Executive Committee duties
The Executive Committee approves the budget request proposed by the Officers for activities for the next year, acts on any matters submitted to a meeting in accordance with Article 19, and regularly reviews this By-law to decide whether amendments are required. Between Section meetings, the Executive Committee has full power to perform all acts and duties which the Section itself might perform, as described in Article 2.
Executive Committee quorum
Members of the Executive Committee present at any meeting constitute a quorum for the transaction of business.
Executive Committee decisions
Decisions of the Executive Committee shall be by majority vote of the members present and voting.
Executive Committee agenda
The agenda of a meeting of the Executive Committee consists of the matters decided by the Officers and those submitted by any member of the Executive Committee.
Officers' meetings
The Officers may meet by telephone conference call.
Officers' duties
The Officers shall have general supervision of the affairs of the Section, subject to the decisions of the Section or the Executive Committee. The Officers may create and terminate committees and may authorize the expenditure of all monies of the Section approved for its use, but shall not authorize commitments or contracts involving the payment of any money during any fiscal year in an amount exceeding the monies of the Section approved for its use.
Officers' quorum
At least three Officers including the Chair or Vice-Chair constitute a quorum for the transaction of business.
Amendments
This By-law may be amended at any meeting of the Executive Committee by a majority vote of the Executive Committee present and voting. Such amendments become effective upon approval by National Sections Council and adoption by way of resolution of Council of the Association.