III Intervention Proposals

12. General

  1. Intervention proposals should be addressed to the CBA President and to the Executive Director of Advocacy.
  2. Intervention proposals will be sent 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.
  3. Intervention proposals and feedback from the consultation with CBA bodies will be sent to the Policy Committee, which shall make a recommendation to the Board of Directors.
  4. Intervention proposals will be sent to the Finance Committee Chair regarding any financial implications of the proposed intervention.
  5. Intervention proposals, feedback from the consultation with CBA bodies, the recommendation of the Policy Committee and any related material will be sent to the Board of Directors for authorization. (Board; 28 Sep 2018)

13. Contents of Intervention Proposals

  1. The intervention proposal shall contain the following:
    1. The style or caption of the case, identification of the last court to render a decision in the case and the court in which it is proposed to intervene. A copy of the decision or order appealed from, any accompanying reasons and other relevant documentation must be attached to (or linked from) the proposal.
    2. The date by which the proposed application for leave to intervene and factum must be filed.
    3. A full statement of the relevant facts giving rise to the question in issue.
    4. A statement of the policy or principles of law adopted or supported by the CBA, with reference to and full quotation of the relevant resolution or other authoritative action by the CBA.
    5. An explanation of why it is important that the CBA address the question in issue.
    6. An account of the applying body's consideration of the matter, including a description of any dissenting views.
    7. An account of any discussions undertaken by the applying body with other CBA bodies on the proposed intervention, including a description of their positions and any dissenting views.
    8. If a completed proposal is submitted less than four weeks before the application for leave to intervene must be filed, a feasible plan for expedited robust consultations with Sections, Branches, Committees and Subcommittees to determine their interest in the subject matter and comments on the proposed intervention.
    9. Disclosure of any personal or professional interest in the matter on the part of any individual or organization participating in the decision to seek the Board of Directors’ authorization to intervene.
    10. The names and firm connection, if any, of those who offer to act for the CBA in the proposed intervention, if approved.
    11. An outline of the argument to be set out in the factum or, preferably, a draft of the factum to be filed. (Statements of the general configuration of an intended argument are not as helpful as a complete draft of the factum which must, in any event, eventually be reviewed and approved by the Policy Committee.)
    12. If the request relates to a local or regional matter, an explanation of how the position to be taken is not inconsistent with CBA policy and the broader interests and concerns of the CBA.

14. Time of Submitting Intervention Proposals and Factums

  1. Intervention proposals must be submitted to the President and the Executive Director of Advocacy at least four weeks before the application for leave to intervene must be filed in the court, to ensure sufficient time for thorough consultation and consideration of the proposal.
  2. Draft factums must be delivered to the Executive Director of Advocacy at least two weeks before the factum must be filed, to ensure sufficient time for review and approval by the Policy Committee.
  3. If the court rules or a court order make it impossible for counsel to deliver the draft factum at least two weeks before it must be filed, counsel must inform the Executive Director of Advocacy when leave to intervene is granted and agree on a reasonable deadline that ensures sufficient time for review and approval by the Policy Committee. (Board; 28 Sep 2018)