WHEREAS National Sections are governed by a Model Section By-law, or, in accordance with Article 57 of CBA By-law No. 1, can adopt their own By-laws;
WHEREAS National Sections Council directed a review and revisions to the Model Section By-law;
WHEREAS National Sections Council has considered a report and each National Section has reviewed recommended changes to the Model or its own By-law;
BE IT RESOLVED THAT:
- The Model Constitution and By-laws of National Sections be repealed and replaced with the Model National Section By-law attached as Annex 1;
- The Aboriginal Law Section By-law be repealed and replaced with Annex 2;
- The Administrative Law Section By-law be repealed and replaced with Annex 3;
- The Business Law Section By-law be repealed and replaced with Annex 4;
- [Tabled]
- The Citizenship & Immigration Law Section By-law be repealed and replaced with Annex 6;
- The Civil Litigation Section By-law be repealed and replaced with Annex 7;
- The Competition Law Section By-law be repealed and replaced with Annex 8;
- The Constitutional & Human Rights Law Section By-law be repealed and replaced with Annex 9;
- The Criminal Justice Section By-law be repealed and replaced with Annex 10;
- The Environmental Law Section By-law be repealed and replaced with Annex 11;
- The Family Law Section By-law be repealed and replaced with Annex 12;
- The Health Law Section By-law be repealed and replaced with Annex 13;
- The Military Law Section By-law be repealed and replaced with Annex 14;
- Annex 15 be adopted as the By-law of the Law Practice Management & Technology Section;
- Annex 16 be adopted as the By-law of the Media & Communications Law Section;
- Annex 17 be adopted as the By-law of the Wills, Estates & Trusts Section;
- CBA By-law No. 1 be amended to add, after Article 54(4):
"54(5) Membership in the Competition Law Section
Any person interested in competition law and policy matters, but who is not eligible to become a member of the Association, may upon application become an affiliate of the National Competition Law Section for the sole purpose of participation in the activities of that Section."
"54(6) Membership in the Law Practice Management & Technology Section
Any person or organization interested in the business of the practice of law but who is not eligible to become a member of the Association, may upon application become an affiliate of the National Law Practice Managemenet & Technology Section for the sole purpose of participation in the activities of that Section."
- Article 6(7) of the CBA Regulation be amended to repeal the terms of reference for the Criminal Justice, Law Practice Management & Technology, Media & Communications Law, and Wills, Estates & Trusts Sections and replace them with the following:
"Criminal Justice
The purpose of the Criminal Justice Section is to examine the practice of law related to the enforcement and administration of criminal law. The Section monitors and evaluates:
- federal and provincial legislation creating offences and crimes;
- establishment, jurisdiction, procedure and organization of, and the practice of lawyers before, criminal courts in Canada; and
- any other matters relating to or impacting on the administration of the criminal justice system."
"Law Practice Management & Technology
This Section is concerned with the business of the practice of law. Areas of focus include:
- organizational structure for law firms and law departments;
- law firm governance;
- recruitment and retention of legal talent;
- talent management and professional development in law firms and law departments;
- knowledge management in law firms and law departments;
- marketing of legal services;
- pricing of legal services;
- e-lawyering;
- multi-disciplinary and multi-jurisdictional practice of law;
- relationships between law firms and their clients;
- compensation systems for partners and associates in law firms, and for in-house counsel;
- and
- ethics and professionalism in the delivery of legal services."
"Media & Communications Law
The Section deals with the complex areas of the law relating to the interests and problems of the media, including freedom of expression, advertising, film production and distribution, and regulation of broadcasting, as well as regulatory and other issues of interest to the telecommunications industry, without however encroaching upon the main stream of concern of the other Sections."
"Wills, Estates & Trusts
The Section deals with law and practice relating to wills, trusts, estates planning and administration, and adult mental incapacity including:
- related tax matters;
- related contentious and litigious issues;
- establishment, jurisdiction, procedure, organization, and administration of courts dealing with these matters; and
- practice of lawyers before these courts."
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