II Authorization and Responsibilities

7. General

  1. Interventions in the name of the CBA or its Branches must be authorized by the Board of Directors. Authorization is subject to the budgetary approval process.
  2. The Board of Directors can initiate an intervention or act on a proposal submitted by a Branch, Committee, Section or other CBA body.
  3. Applications for leave and factums will only be filed in the name of the CBA and not in the name of a CBA body, unless the matter is primarily of regional or local interest and the Board of Directors has authorized intervention by a Branch in accordance with this policy, in which case, the documents may be in the name of the intervening Branch.
  4. In all interventions, other than an authorized intervention by a Branch, the CBA President, or the President's designate, will be named as counsel of record, at the national office address.
  5. In naming counsel to represent the CBA in an intervention, the President will have regard to the expertise of counsel, the CBA’s commitment to promote equality and diversity in the profession, and the need to avoid conflicts of interest and the appearance thereof.

8. Board of Directors

  1. The Board of Directors approves the proposal to intervene. The Policy Committee approves the final factum.
  2. The Board of Directors will seek and consider the recommendation of the Policy Committee as to whether an intervention should be authorized.

9. Policy Committee

  1. The Policy Committee will provide the Board of Directors with its recommendation as to whether a proposed intervention should be authorized. The Board of Directors will consider, but is not bound by, the recommendation.
  2. Where the Board of Directors authorizes a national intervention, the Policy Committee will review the factum, suggest modifications if necessary, and advise the Board of Directors whether (with any modifications suggested by the Committee) it is of high quality and a fair representation of CBA policy.
  3. The Policy Committee may monitor judicial developments and identify cases of special interest to the CBA.

10. Advocacy Department

  1. The Advocacy Department is responsible for the review and filing processes. The Executive Director of Advocacy may be consulted at any time on possible CBA interventions.
  2. A CBA body wishing to propose an intervention should contact the Executive Director of Advocacy as soon as it considers the possibility of seeking authorization.
  3. The Department will process the intervention proposal, keep track of notice requirements and ensure submission of the proposal and factum to the Policy Committee and the Board of Directors.
  4. he Department will send copies of the intervention proposal and related material to each branch, CBA section, and to CBA committees and subcommittees with a policy mandate, to determine if they have an interest in the subject matter and comments on the proposed intervention.
  5. The Department will assist the Policy Committee in carrying out its functions with respect to proposals and interventions. (Board; 28 Sep 2018)

11. Costs

  1. The CBA will pay no legal fees relating to interventions. The Association will pay only necessary disbursements from a specific budget established for that purpose. If the intervention is of a regional or local interest only, necessary disbursements will be borne by the intervening Branch.