4.2 Lexicon

Across Canada, there are excellent organizations helping educate and inform the public about the law, Canada’s legal system and your rights. Find one in your province or territory and reach out for more information.

CBA President’s Award
This award recognizes the significant contribution of a Canadian jurist to the legal profession, the Canadian Bar Association or the public life of Canada.

Douglas Miller Rising Star Award
The Douglas Miller Award honours CBA members who demonstrate outstanding dedication and team spirit in their ongoing involvement with the association.

Jack Innes Award
The Jack Innes award recognizes outstanding contribution to the CBA by a current staff member who has exhibited creativity, innovation, leadership and commitment.

Louis St-Laurent Award of Excellence
This award is the highest award conferred to a CBA member in recognition of a lifetime of outstanding service and professional achievement to the benefit of the legal profession, the CBA and society at large.

Ramon John Hnatyshyn Award for Law
This award is given to recognize outstanding contribution in law reform, legal scholarship and/or legal research.

Touchstone Award
The Touchstone Award celebrates the accomplishments of an individual or an organization who has excelled at promoting equality in the legal profession, the judiciary or the legal community in Canada.

In casual conversations the duty of confidentiality and the protection of solicitor-client privilege may be lumped together, as both operate to protect client information from disclosure. However, their roots in law and the exceptions that apply to each concept are different. Knowing the source of the obligations will avoid ethical missteps.

Your ethical duty of confidentiality extends to all the information you learn working for your client. This duty exists no matter the source of the information or its confidential status before it became part of the solicitor-client relationship.

The basis for this ethical duty is, in Quebec, the Code of Ethics of Advocates and other legislation and, in the other provinces and territories, the law society codes of conduct. The codes also describe the exceptions to the ethical duty of confidentiality; they differ in some jurisdictions.

Your duty of confidentiality also exists in common law, stemming from the relationship between lawyer and client. The common law has not developed clear exceptions to this duty.

In contrast, solicitor-client privilege only applies to communications between you and your client for the purpose of legal advice. The privilege is rooted in the common law.

In 2010, the Supreme Court of Canada stated, in the Canadian Criminal Lawyers' Association case concerning the Charter and access to information, that "the only exceptions recognized to the [solicitor-client] privilege are the narrowly guarded public safety and right to make full answer and defence exceptions."¹

With respect to both the duty of confidentiality and solicitor-client privilege, clients may consent to the disclosure of information. In certain circumstances, they may be found to have waived confidentiality or solicitor-client privilege.²

Footnotes

The national Board of Directors represents the diversity of Canada’s legal profession, from practice types to experience, skills and geography. All provinces and territories have a seat at the table.

The Board oversees the CBA’s finances, membership, engagement, advocacy, diversity and initiatives in consultation with CBA staff.

CBA Board members are elected by the current Board of Directors, branch presidents and national Section chairs. Each member serves a two-year term. Board member terms are staggered so only some of the Board changes each year.

Meet our Board of Directors

We are the essential ally and advocate of the legal profession and guardian of the rule of law in Canada. Our members are passionate about their association and the good it brings to their lives and to the world. Staff and volunteers are inspired to exceed members’ expectations every day.

Our mission is to:

• Improve the law and the administration of justice
• Improve and promote access to justice
• Promote equality in the legal profession and in the justice system
• Improve and promote the knowledge, skills, ethical standards and well-being of members of the legal profession
• Promote the interests of CBA members and represent the legal profession nationally and internationally

You are a practicing lawyer who has been called to a Canadian bar for four years or more. If you are practicing in a province with a law society that recognizes part-time status and do not work full-time, you may be eligible for a reduced membership fee. 

$<insert> + tax (full-time) or $< insert> + tax (part-time) 

Benefits 

Impact: Gain insight on the latest trends and receive timely updates on courts and governments to help you serve your clients. Shape the law and legal practice through advocacy, initiatives and submissions.  

Community: Get involved in Sections and committees in your areas of practice and interest. Connect with colleagues at conferences, events and Section meetings. 

Growth: Access live, local and on-demand PD programs targeted to your interests and practice areas. Enhance your profile by leading PD sessions, speaking at <branch> events or offering your expertise for media calls. 

Wellness: Be well and practice well through our lawyer wellness programs. 

Value: Read the latest legal news and insights from <insert branch> in <insert publication name>. Be listed and gain new business through the CBA Find a Lawyer directory. 

The CBA’s Equality initiative aims to promote efforts to achieve equality in the legal profession. This means removing barriers and ending discrimination of all types.

Equality and Diversity Guide
This resource will enhance your organization or firm’s efforts to promote equity and diversity at all levels of the legal profession. It includes guidance on developing implementation plans and tracking your growth over time.

Tips to promote inclusion and diversity
The CBA offers a series of videos and a tip sheet for firms and organizations to promote equity, diversity and inclusion in the workplace.

If you or someone you know needs help for personal or professional issues, contact the free Lawyer Assistance Program in your region. The services are free, confidential and run 24 hours a day, seven days a week.

These programs provide counselling, education, peer support and referrals to lawyers, judges, students and other members of the legal community.

Canadian judges (active and retired), along with Justices of the Peace, Masters, Prothonotaries and their families, can access the Judges Counselling Program. Call 1-866-872-6336. Support is also available in person or online.

Assessing Ethical Infrastructure in Your Law Firm: A Practical Guide
Get practical guidance on law firm structures, policies and procedures. Find out how to ensure you fulfill your ethical duties to clients, third parties and the public.

Conflicts of Interest Toolkit
Discover how to recognize, deal with and avoid conflicting interests across different practice contexts. The toolkit includes practical checklists and precedents to use and adapt for your practice.

Ethics and Professional Responsibility Tools
Access professional practice tools to help address your ethical and professional responsibilities. Tools cover issues such as codes of professional conduct, solicitor-client privilege, anti-corruption and more.

Ethics of Artificial Intelligence for the Legal Practitioner
Innovative technology and generative artificial intelligence (AI) are transforming the legal profession and the practice of law.

Legal Ethics in a Digital Context
Learn how to use technology responsibly and ethically in your practice. Find out how technology can serve as a great tool to provide legal services.

Trusted in Canada and internationally

The Canadian Bar Review
Theory and practice converge in this bilingual, open-access and peer-reviewed CBA journal. Frequently cited in the Supreme Court of Canada, it serves the profession with quality legal scholarship that shapes discussions on the most important legal issues of our time.

Canadian Competition Law Review
The leading publication for Canadian competition law and economics, the Canadian Competition Law Review is a peer edited review published twice annually by the CBA Competition Law Section.

Canadian International Lawyer
This renowned journal enjoys worldwide circulation in the field of international business law. It is published once or twice annually by the CBA International Law Section.

You are a practising lawyer who has been called to a Canadian bar for four years or more. Membership in the CBA is mandatory for this category.

$587

Benefits

Impact: Gain insight on the latest trends and receive timely updates on courts and governments to help you serve your clients. Shape the law and legal practice through advocacy, initiatives and submissions.

Community: Get involved in Sections and committees in your areas of practice and interest. Connect with colleagues at conferences, events and Section meetings.

Growth: Access live, local and on-demand PD programs targeted to your interests and practice areas. Enhance your profile by leading PD sessions, speaking at CBA NB events or offering your expertise for media calls.

Wellness: Be well and practice well through our lawyer wellness programs.

Value: Read the latest legal news and insights from the CBA NB in the Solicitor’s Journal. Be listed and gain new business through the CBA Find a Lawyer directory.

Judicial independence is the principle that judges are fully independent in their decision-making process. They must be able to make their decisions based solely on facts and the law. This means they can’t be influenced by those with power or wealth or by public opinion. Canada’s judges enforce the law equally for every Canadian—they don’t play favourites. This ensures that we all have the same rights and freedoms.

CBA initiatives are special projects that promote change, prepare the legal profession for the future, serve lawyers’ evolving needs and improve access to justice.

Read our tips on working with a qualified immigration lawyer. It can mean the difference between a successful application and a rejected one.

Learn more

This privileged offer is for you

Accelerate rewards points on common purchases!

• No annual fee
• 2 points^‡ for every $1 spent on eligible restaurant, grocery, digital media, membership, and household utility purchases until $10,000 is spent annually in the applicable category.
• 1 point^‡ for every $1 spent on other eligible purchases.
• Each year, you will receive Birthday Bonus Points‡ equal to 10% of the total number of Points earned in the 12 months before the month of your birthday, to a maximum Birthday Bonus each year of 10,000 Points.
• Receive 10,000 bonus points^†† ($50 in cash back value) after your first eligible purchase within the first 90 days of account opening.
• Receive 5,000 bonus points^†† ($25 in cash back value) once enrolled for e-statements within the first 90 days of account opening.
• Redeem points^‡ for cash back, brand-name merchandise, gift cards from participating retailers, charitable donations, and travel.

Take advantage of an everyday rewards card with no annual fee.

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(Quebec residents only)

^††To qualify for this offer, an applicant must be approved for the specific credit card account described in the offer and (a) in order to obtain a "First Eligible Transaction Bonus" of 10,000 points, the account must be used for at least one eligible transaction within the first 90 days of account opening that is not subsequently rescinded, the subject of a charge back request(s) or otherwise disputed, and (b) in order to obtain a "Paperless Bonus" of 5,000 bonus points, you must enroll in online banking at www.mbna.ca and consent to Paperless Statements for the account within the first 90 days of account opening, and not subsequently rescind such enrollment throughout this period. Please allow 8-10 weeks from the transaction date and the Paperless Statement enrollment for the applicable bonus points to be posted to your points account. Limit one-time bonus point offer (no cash value) per new account for each bonuspoint offer. This promotion is offered by MBNA and may be amended or cancelled at any time without notice.

^‡These are highlights of the credit card rewards program (the "Program") associated with this credit card account. Points will be awarded on eligible transactions charged to the account as set out in the Program terms and- conditions. The account will earn two (2) points per dollar spent on eligible restaurant, grocery, digital media, membership, and household utility purchases until you spend $10,000 annually (per calendar year) in the applicable category. Other eligible purchases will earn a Base Earn Rate of one (1) point per dollar. Each year, the account will receive Birthday Bonus Points equal to 10% of the total number of Points the account earned in the 12 months before the month of the primary cardholder's birthday, to a maximum Birthday Bonus each year of 10,000 Points. The Birthday Bonus Points will be added to the account before the end of the primary cardholder's birthday month. The redemption rate for Points earned may differ depending on the redemption option chosen. Complete terms and conditions describing Program eligibility, accrual, earn limits, and redemption of Points, and other important conditions will be sent after the account is opened. Please read the terms and conditions carefully upon receipt.

The Toronto-Dominion Bank is the issuer of this credit card. MBNA is a division of The Toronto-Dominion Bank.

^®MBNA and other trademarks are the property of The Toronto-Dominion Bank.

The Toronto-Dominion Bank is not responsible for maintaining this website. Current information about the MBNA product is available at the link provided to MBNA’s website.

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Check this list of organizations that have been set up to provide essential legal information to members of the public in every province of Canada.

Please use the following link to register for your membership: https://corporate.goodlifefitness.com.

All dire warnings aside, AI was not created to replace lawyers but to be used as an effective everyday tool. AI-powered research can help lawyers quickly sift through and analyze large amounts of legal data, statutes, and case law to provide relevant, up-to-date information. What are the tools you should be focusing on and how reliable is the information generated by AI tech? Can AI-powered legal research allow lawyers to do more within the billable hour?

Join our expert panelists as they demonstrate how best to use a variety of AI tools for legal research, how best to maximize prompt engineering and search queries, and effectively integrate the technology into your practice.

Presenters

Abdi Aidid, Assistant Professor, Faculty of Law, University of Toronto and Legal Innovation Strategist, blueJ

Reshika Dhir, Partner, Bereskin & Parr LLP

Paul Saunders, Chief Innovation Officer and Partner, Stewart McKelvey

Moderator: Sukhi Dhillon Alberga, Founder, Bridge Legal Solutions, Created & Founder of Counselurdocs (an approved third participant of the LSO A2I program), and CBA Legal Futures Subcommittee Member

Single program registration information

Register for this program

April 19 | 1:00-2:00 pm ET

Recording now available.

Join this webinar to learn about using Teams for case matter communication and collaboration, eDiscovery, secure messaging, and mitigating business risk - all while being compliant.

Accreditation

Recording

Privacy Notice. Please note that you are being redirected to a non-CBA website. This site operates independently of CBA and has established its own privacy and security policies. Any information you provide to this site is provided directly to the site operator and subject to such third party’s privacy policy, for which CBA shall not be responsible.

In casual conversations the duty of confidentiality and the protection of solicitor-client privilege may be lumped together, as both operate to protect client information from disclosure. However, their roots in law and the exceptions that apply to each concept are different. Knowing the source of the obligations will avoid ethical missteps.

Your ethical duty of confidentiality extends to all the information you learn working for your client. This duty exists no matter the source of the information or its confidential status before it became part of the solicitor-client relationship.

The basis for this ethical duty is, in Quebec, the Code of Ethics of Advocates and other legislation and, in the other provinces and territories, the law society codes of conduct. The codes also describe the exceptions to the ethical duty of confidentiality; they differ in some jurisdictions.

Your duty of confidentiality also exists in common law, stemming from the relationship between lawyer and client. The common law has not developed clear exceptions to this duty.

In contrast, solicitor-client privilege only applies to communications between you and your client for the purpose of legal advice. The privilege is rooted in the common law.

In 2010, the Supreme Court of Canada stated, in the Canadian Criminal Lawyers’ Association case concerning the Charter and access to information, that “the only exceptions recognized to the [solicitor-client] privilege are the narrowly guarded public safety and right to make full answer and defence exceptions.”¹

With respect to both the duty of confidentiality and solicitor-client privilege, clients may consent to the disclosure of information. In certain circumstances, they may be found to have waived confidentiality or solicitor-client privilege.²

Footnotes:

• Farrah Auguste
  FA Immigration
  Montreal, QC
• Sheela Gupta
  Mosaic Immigration Law
  Niagara Falls, ON
• Chaobo Jiang
  Zaifman Immigration Lawyers
  Winnipeg, MB
• John Petrykanyn
  Petrykanyn Cullen LLP
  Toronto, ON
• Khatidja Moloo-Alam
  Green and Spiegel LLP
  Toronto, ON
• Parush Mann
  Parush Mann Law
  Toronto, ON
• Lisa Middlemiss
  Gomberg Dalfen
  Montreal, QC
• Nalini Reddy
  Gindin Wiebe Segal
  Winnpieg, MB
• Erin Roth
  Edelmann & Co
  Vancouver, BC

April 15, 2024 | 12:00-1:00 pm ET

Bridging the gap between perceived and actual cyber challenges while reducing risk. We will cover Data Protection best practices for businesses facing ransomware and other cyber threats, including, an assessment to help guide clients determining their protection priorities and gaps.

Accreditation

Recording

Privacy Notice. Please note that you are being redirected to a non-CBA website. This site operates independently of CBA and has established its own privacy and security policies. Any information you provide to this site is provided directly to the site operator and subject to such third party’s privacy policy, for which CBA shall not be responsible.

Explore how AI can help visualize legal information, identify how individual judges rule on specific matters, and gain answers to your most pressing legal questions.

Duration: 180 minutes
Member cost: Complimentary
Non-member cost: $225 + tax

Register

This obligation is explicitly set out in the Rules of Professional Conduct of 8 out of 10 Canadian provinces, and all 3 territories, and it is no doubt an implicit obligation that applies to all lawyers in the remaining 2 provinces. 

Duration: 90 minutes
Member cost: Complimentary
Non-member cost: $55 + tax

Register

This panel will go beyond talking about individual barriers and strategies to navigate on the individual level to discuss the systemic barriers and changes needed to be made by firms/law societies.

Duration: 90 minutes
Member cost: Complimentary
Non-member cost: $55 + tax

Register

Duration: 90 minutes
Member cost: Complimentary
Non-member cost: $25 + tax

Register

• Freeing the Imperfect Lawyer
• Freeing the Imperfect Lawyer: Part 2
• Staying Sane while Shifting to Remote Work

Duration: 90 minutes
Member cost: Complimentary
Non-member cost: $55 + tax

Register

This panel will cover racial barriers, intersectional barriers, and barriers in the National Committee on Accreditation process/articling system faced by internationally trained lawyers.

Duration: 90 minutes
Member cost: Complimentary
Non-member cost: $55 + tax

Register

Have you completed another version of The Path through a law society or other organization? You can now register for the CBA’s new module, Towards Truth and Reconciliation. Module 6 examines the overrepresentation of Indigenous Peoples in the criminal legal system and Gladue Principles as they relate to addressing this issue.

Register for Module 6 Only

• CBA member fee: $45 plus tax
• Non-member fee: $75 plus tax

The CBA recommends taking The Path: Your Journey through Indigenous Canada in its entirety. Registration for this module is intended for those who have already taken a version of The Path and is not intended as a stand-alone training module.

Collective noun for all First Nations, Inuit and Métis; sometimes being replaced with “Indigenous.” Defined in the Constitution Act, 1982. (e.g. Section 35: “The existing Aboriginal and treaty rights of the Aboriginal peoples of Canada…”) Also referenced in the Canadian court system (e.g. "Aboriginal law” “Aboriginal rights”).

Our Find-a-Lawyer Directory helps you easily locate a CBA member with the expertise to fit your needs.

Here’s what a lawyer can do for you:

• Offer legal advice and insights to resolve your problem
• Evaluate your situation, provide options and make recommendations
• Represent you in your case and in court
• Make sure your rights are protected
• Build a strong defense or negotiate a resolution

• Play Wellbeing Bingo – Lunch Edition
• Mental Health Briefs – Ontario Bar Association
• Mental Health Interview Series – Ontario Bar Association
• Mental and Psychological Wellbeing – BC Bar Association

Lesson 1: Indians, Inuit and Métis

Your journey begins with an exploration of what the Canadian Constitution calls the ‘Aboriginal people of Canada', and a review of why and how First Nations, Inuit and Métis are distinct. Upon completion of this lesson, you will be able to:

• Identify the three Indigenous groups named in Canada’s Constitution Act, 1982
• Define terms such as ‘First Nations,’ ‘Aboriginal’ and ‘Indigenous,’ and know when to use specific terms
• Understand why it is important to recognize and affirm the diversity of First Nations, Inuit and Métis in Canada

Lesson 2: Stereotypes and Misconceptions

We will debunk some of the most egregious of these stereotypes and misconceptions and encourage you to counter them. Upon completion of this lesson, you will be able to:

• Explain common and enduring stereotypes about First Nations, Inuit and Métis in Canada
• Summarize the history and various terms used to describe Indigenous Peoples
• Understand what those words mean today and which terms to use in various situations

New CBA members and those who renew between September 1 and December 31 will pay the full annual membership fee. Pro-rated fees are applied for new and renewing members between January and May.

2023-2024

QUEEN’S UNIVERSITY- $21,100

Sex in the Age of Gender: Conceptual Clarity as a Foundation for Understanding, Promoting, and Reconciling the Experiences, Interests, and Rights of Women, Transgender, and Gender Nonconforming People in Canada

UNIVERSITY OF WINDSOR FACULTY OF LAW - $14,581.50

Research and Support for Canadian Clinic Law Supervisors

UNIVERSITY OF MONTREAL, FACULTY OF LAW - $20,370

Multinational Corporation, ESG and normativity

UNIVERSITY OF NEW BRUNSWICK - $4,350

Teaching Critical Perspectives in First-Year Criminal Law

MCGILL UNIVERSITY - $17,750

Class actions for negligence: a tool for social change and improvements in the management of health services

UNIVERSITY OF NEW BRUNSWICK LEGAL CLINIC, FACULTY OF LAW - $21,128

UNB Legal Clinic Tool for Uncontested Divorce (Pilot program)

CANADIAN COUNCIL OF MUSLIM WOMEN - $27,000

Delivery of Aid to Afghan Women: Examining Bill C-41 through the lens of Canada's Feminist International Assistance Policy and international human rights and humanitarian law

COVERDALE COURTWORK SOCIETY (IN PARTNERSHIP WITH ACCESS TO JUSTICE & LAW REFORM INSTITUTE) - $30,000

Opportunities to Support Criminalized Women and Gender Diverse Persons in Child Protection and Other Family Law Matters

UNIVERSITY OF OTTAWA, FACULTY OF LAW, CIVIL LAW SECTION - $25,000

An Institution to Celebrate: Exploring 150 Years at the Supreme Court of Canada

WOMEN’S LEGAL EDUCATION AND ACTION FUND (LEAF) - $25,000

Establishing a federal gender-based violence accountability mechanism in Canada

COUNCIL OF CANADIANS WITH DISABILITIES - $21,000

Making Human Rights an Everyday Tool for Persons Living with Disabilities in Canada

CENTRE QUÉBÉCOIS DU DROIT DE L’ENVIRONNEMENT - $30,000

Greenwashing in Canada

2022-2023

John Humphrey Centre for Peace and Human Rights - $40,000

Identifying Barriers within the Alberta Human Rights Commission and Human Rights Tribunal

Carleton University - $19,000

Establishing and Evidence Based Model for Prison Abolition in Canada

University of Victoria - $15,000.00

Tax Law Reform: From Theory to Practice

McGill University (was originally issued to Concordia University) - $34,320

Canadian Comparative Law: An Inquiry into the Exchanges between the Civil Law and Common Law in the Supreme Court of Canada

BC Civil Liberties Association - $30,000

Arrests and protests: an updated guide to your rights

Legal Education and Action Fund (LEAF) - $25,000

Identifying legal barriers to alternative justice mechanisms for sexual violence  

Carleton University - $36,495 - PARTIAL

Race-Based Jury Instructions: An Empirical Test of Recommendations from R. v. Barton (2019) and R. v. Chouhan (2021)

2021-2022

University of Calgary - $16,174.00

Legal Framework for the Use of Artificial Intelligence (AI) Technology in the Canadian Criminal Justice System

University of Winnipeg - $22,400.00

Exploring Probation: How Offenders and their Intimates Make Sense of Probation Supervision

University of Ottawa, Faculty of Law - $18,000.00

Les cendres humaines: (dé)composition d'un statut et d'un régime juridiques
ENGLISH TRANSLATION
Human ashes: (de)composition of a legal status and a legal regime

Legal Education and Action Fund (LEAF) - $25,000.00

21^st Century Consent Education for the Digital World

Aboriginal Legal Services - $22,800.00

FASD and the Justice System: A better understanding

Thompson Rivers University, Faculty of Law - $13,320.00 -PARTIAL

Justice Epidemiology – Developing a Systemic Approach to Measure and Improve Access to Justice

Inclusion Canada - $26,955.00

The Access to Justice and Legal Capacity Nexus: Ensuring the Right to Equality

Fédération des maisons d'hébergement pour femmes - $8,750.00

La violence conjugale est-elle un crime? Évaluation des outils et lacunes du droit criminel canadien dans le traitement de la violence conjugale
ENGLISH TRANSLATION
Is domestic violence a crime? Evaluation of the tools and deficiencies of Canadian criminal law in dealing with of domestic violence.

University of British Columbia, Allard School of Law - $34,950.00

Post-Conviction Disclosure in the Canadian Context

University of New Brunswick, Faculty of Law - $18,850.00

Establishing the foundation for pay transparency legislation in New Brunswick

2020-2021

International Centre for Criminal Law Reform and Criminal Justice Policy - $44,525.00

The Right to Decent Work: Envisioning Supply Chain Transparency Legislation in Canada

Faculty of Law, University of Manitoba - $32,038.00

Common Law Police Powers in Canada - Judicial Creation in The Charter Era

Sexual Violence New Brunswick - $25,280.00

Establishing a Victim Advocate Program for Survivors of Sexual Violence

Department of Indigenous Studies, University of Saskatchewan - $20,620.48

Assessing Legal Issues and Challenges Faced in Indigenous Legal Advocacy During the COVID-19 Pandemic

Women’s Legal Education and Action Fund (LEAF) - $25,000.00

Assessing the Utility of a Universal Basic Income in Addressing the Feminization of Poverty

Canadian Civil Liberties Association - $29,550.00

Pretrial detention and the right to reasonable bail

Faculty of Law, University of Victoria - $15,300.00

Inequality, Health Determinants, and the Limits of Pandemic Law and Policy: Re-Imagining the Future of British Columbia’s Pandemic Law After COVID-19

Canadian Bar Foundation - Women Lawyers Forum - $10,000

Roundtable on Pay Equity in the Legal Profession

This program is available to all CBA members on parental leave. If your CBA membership was in good standing the previous membership year, you may be eligible for a maximum credit of 12 months towards your membership fees. 

Apply now

CBA national Sections serve as a platform for sharing ideas and getting involved in professional issues that matter. They offer:

• Continuing legal education through professional development programs and conferences
• Opportunities to influence policy and get involved in national legislation and law reform initiatives
• Focused legal news, resources and communications on matters in your areas of practice or interest
• Networking with peers, practice leaders, government and the judiciary
• Essay contests to help law students and others build their profile
• Opportunities to get involved in national and international initiatives related to government, Federal Court and Court of Appeal, Tax Court of Canada and more

It’s easy to pay for your membership with these options. Simply join or renew and:

• Pay online with Visa, MasterCard or American Express
• Sign up for our Annual Auto Renew service
• Set up monthly pre-authorized payments
• Pay by cheque

Log in to renew  Set up your account and join today

Registered Charitable Organizations may apply for funding. Applicants must include the CRA Charitable Registration number in the funding application form. Not for profit organizations are not eligible for funding.

Career Alternatives for Lawyers
If you’ve been thinking about quitting the practice of law, you’re not alone. Canadian statistics are hard to come by, but in the US, up to 40 per cent of lawyers want to leave the profession, and an estimated 40,000 lawyers walk away from their jobs each year.

Deciding to take a different track
Podcast: Partnership is not the ultimate measure of success for all lawyers. Hear from three lawyers who have chosen a different career path. They made the choice that was best for them and they are excelling.

The Ultimate Partnership Planning Questionnaire: Part One
Part One: Is partnership for me?

Mind the gap
Responding to the different values of today's young lawyers.

The new face of partnership
From non-equity partners to permanent associates, from three-year partner tracks to women lawyers’ priorities, from a hidebound tradition to a dynamic new flexibility, law firm partnership is changing, and fast. Only the firms that are ahead of the curve will be able to benefit from the shift and survive intact afterwards.

Going solo: Making the jump
Since going solo doesn’t work for everyone, here are some questions to ask yourself to help determine whether it might be right for you.

Join our panel of authors and editors from the recently published The Right Not to Remain Silent: The Truth About Mental Health in the Legal Profession for a lively discussion about the state of well-being and work-life balance within the legal profession.

‘Work-Life Balance’ is one of three themes highlighted in the recent Phase II Study on A Healthy and Sustainable Practice of Law in Canada. Register for this program.

Presenters

Michael R. Ferguson, Lawyer, Pickell & Ferguson Law

Michael Herman, Partner, Gowling WLG

The Honourable Justice Michele H. Hollins

Moderator: Val Lucas, Deputy General Counsel, Elk Valley Resources and CBA Well-Being Subcommittee Member

Thank you to our program sponsors

The pressure lawyers put on themselves, on top of the pressure placed on them by the profession, is often unmanageable. Dealing with everything from incivility to a profession that rewards a grind mentality has taken its toll on the mental health of lawyers and legal professionals.

Many say that an overall culture shift needs to take place within the profession. What does that entail? How do we begin to improve conditions in a profession that is traditionally so resistant to change?

Join our panel of authors and editors from the recently published The Right Not to Remain Silent: The Truth About Mental Health in the Legal Profession for dealing with the working conditions and the cognitive demands many lawyers face on a daily basis.

‘Working Conditions & Cognitive Demands’ is one of three themes highlighted in the recent Phase II Study on A Healthy and Sustainable Practice of Law in Canada. Register for this program.

Speakers
Beth Beattie, Senior Counsel, Ontario Ministry of the Attorney General

Ryan Middleton, National Practice Group Lead, Dentons

Leena Yousefi, CEO, Family Lawyer & Mediator, YLAW

Moderator
Gwen Cheung, Vice President, Head of Legal, Aviva Canada and CBA Well-Being Subcommittee member

Thank you to our program sponsors

5 sites: Finding a mentor
Links to resources to help you to find the right mentor for you.

A new lawyer's guide to networking
Networking is necessary.

For networking opportunities, civic participation is hard to beat
Great networking opportunities.

Study: How to make your law career a success
What expectations do executives have of the lawyers on their staff, especially when they are being offered a partnership or an executive position?

Top 10 networking tips
Get out there and do it. You know you should.

There is no set minimum or maximum amount of funding that can be applied for. The average grant awarded for an individual project is between $10,000 and $40,000.

Need support? We offer special payment programs for lawyers on parental leave, not working or on a leave of absence.

This program is available to all regular CBA members who are unemployed and actively seeking employment or on a leave of absence due to illness or disability. If your CBA membership was in good standing the previous membership year, you may be eligible to have your membership fees waived for a period up to 1 year. 

Apply now

2019-2020

Community Law School (Sarnia-Lambton) Inc - $26,000

The Next Frontier for Public Legal Education: Legally Focused Task Based Activities for Level 1 and 2 Literacy Learners

Refugee Hub, University of Ottawa - $25,000

Remote Connections: Building Canada's diversity and inclusion through technology-enabled refugee sponsorship support

University of Ottawa, Faculty of Common Law - $14,171.08

Statelessness in Canada: Mapping the Legal Structures that Perpetuate, Promote or Eliminate Statelessness

Integral Org - $11,865.80

Research and Education on Federal and Provincial Lobbyist Registration Requirements for Registered Charities and Not-For-Profit Organizations in A Public Advocacy Environment

Community Legal Education Ontario/ Éducation juridique communautaire Ontario (CLEO) - $21,000

Supporting the legal information needs of incarcerated people in Ontario

Women's Legal Education and Action Fund (LEAF) - $25,000

Fighting Cybermisogyny Through Law Reform

Canadian Centre for Child Protection Inc. - $50,000

Child Pornography Production in Canada: A Study of Legal Decisions and Media Articles from 2001 to Present

University of Toronto Scarborough / Coalition des organismes communautaires québécois de lutte contre le sida - $20,000

The Making (and Unmaking) of Medical Inadmissibility: Illness and Disability in Canadian Immigration Law

2018-2019

Canadian Bar Foundation, Women Lawyers Forum  - $38,400

Compensation Survey for partners in law firms in Canada with over 50 lawyers to identify trends in compensation equity.

Ecojustice Canada Society - $15,000

Building a Template for Strong Governance and Land-Use Management on Tsilhqot’in Title Lands.

Peter A. Allard School of Law, University of British Columbia- $15,142

Workplace Sexual Harassment: Assessing the Effectiveness of Human Rights Law in Canada

Community Legal Education Ontario (CLEO)- $27,000

Connecting inmates or former inmates with legal information or related life skills training

Canadian Hospice Palliative Care Association- $22,900

Increasing public awareness of advance care planning laws and processes across Canada: Development of an advance care planning legal toolkit for Canadians

University of Windsor Faculty of Law, National Self-Represented Litigants Project- $29,750

Plain Language Primers for Self-Represented Litigants

Conservation Council of New Brunswick- $15,500

Protecting Watersheds: The need to move watershed plans from policy statements to legislation.        

Canadian Council for Refugees- $18,000

Collaborating for access to legal justice for trafficked non-citizens

University of Ottawa- $15,112

Blockchain, Smart Contracts, and the Future of Contracts under Canadian Law

2016-2017

University of British Columbia, Peter A. Allard School of Law  - $15,000

Social Media Crime: Enhancing Canada’s Response To Criminal Activity on Facebook, Twitter And Snapchat

Native Law Centre, College of Law, University of Saskatchewan  - $10,000

The Mi’kmaw Nation’s renewed relationship with Canada

University of Ottawa  - $5,000

Breach of standard of care and fault in the common law tort of negligence and its Quebec civil law equivalent, fault of extra contractual liability for personal acts: a Canadian comparative study

Community Legal Education Ontario - $13,000                   

Legal life skills curriculum: refining and sharing

West Coast LEAF - $20,119

Child Care, Child Protection, and the Human Rights of Indigenous Women

Canadian Council for Refugees - $15,000

Access to legal justice for trafficked non-citizens

Bora Laskin Faculty of Law, Lakehead University - $23,500

A Comparative Analysis of Human Rights in Canada

University of New Brunswick Saint John, Faculty of Business - $5,000

Do Canadian law schools sufficiently develop future lawyers’ interpersonal skills?

Brandon University - $15,605

Vulnerable Targets: The Law and Sexual Violence in the Prison System

2015-2016

Canadian Bar Foundation, National Family Law Section - $46,000

Illustrating the Benefits of Legal Representation in Family Law Matters

Canadian Bar Foundation, Legal Futures Initiatives - $45,000

CBA Legal Futures Initiative: What Does the Law Practice of the Future Look Like?

The John Howard Society of Canada - $18,000

A Better Future After a Sentence has been Served:  Reforming the Criminal Records Act

Community Legal Education Ontario - $13,000

Legal life skills: a curriculum for adult trainers and learners

Brandon University - $12,605

Do First Nations, Metis and Inuit Inmates have Aboriginal and Treaty Rights to Health?

University of Ottawa, Faculty of Law, Civil Law Section - $12,335

A child rights-based approach to anti-violence efforts in schools: development of an evaluation tool

West Coast LEAF Association - $20,000

Evaluating Law Reform Work: A Case Study

2014-2015

Canadian Bar Association, Children’s Law Committee - $45,000

Access to Justice for Canadian Children: A Comprehensive Child Rights Toolkit for Lawyers

Mental Health Law, and Policy Institute, Simon Fraser University - $3,212.50

Psychology-Law Evidence Database

McGill University - $23,516.86

The Renewal of the Judicial Function in the Protection of Health: Visions in Constitutional, Criminal and Private Law

University of Ottawa, Faculty of Law - $9,500

The Future of Lawyer Competence

Community Legal Education Ontario - $12,500

Legal life skills: building legal capability through existing life skills program

Montreal City Mission - $14,323

Research Study – “Access to Justice” for humanitarian immigration applicants in Quebec

Canadian Bar Association, Legal Futures Initiative - $50,000

CBA Legal Futures Initiative

University of Victoria, Faculty of Law - $10,000

Global Corruption Education and Training Materials

2013-2014

Canada Without Poverty - $15,150

International Human Rights Law and its Domestic Application in Provincial and Municipal Poverty Reduction Strategies

Ecojustice Canada - $12,000

Toxic Injury II: Protecting Environmental Health through Legal Research and Education

West Coast Legal Education and Action Fund - $19,963

Mothering with Disabilities

Association du Barreau canadien, Programme d'aide aux juristes - $10,000

Wellness Education for Lawyers

Association du Barreau canadien, Comité permanent - accès à la justice - 20000 $

Reaching Equal Justice – Preventing Legal Disputes

Association du Barreau canadien, Forum des juges canadiens - $20,000

Dealing with Difficult Litigants: Guide and Checklist

Association du Barreau canadien - 40000 $

CBA Legal Futures Initiative

University of Toronto - $7,500

The Attrition of Women in the Legal Profession: An Empirical Examination

2012-2013

Association du Barreau canadien - 45000 $

CBA Inquiry into the Future of Legal Practice

Association du Barreau canadien, Comité permanent - accès à la justice - 39660 $

Envisioning Equal Justice – Advocacy Tools: Final Component of Phase 1 of a three Phase project plan

British Columbia Civil Liberties Association - $15,000

More than we can afford: The financial and social costs of mandatory minimum sentencing

Canadian Civil Liberties Education Trust - $15,000

Reform of Pre-Trial Detention: Prescriptions to Stop the Overcrowding of Prisons

Ecojustice Canada - $12,000

Toxic Injury: Protecting Environmental Health through Legal Research and Education

Justice Education Society of British Columbia - $30,000

Developing a Model of Online Dispute Resolution

2011-2012

Association du Barreau canadien, Section nationale du droit de l'immigration - 43500 $

Informing the Public on the Benefits of Legal Representation in all Immigration Matters

Association du Barreau canadien, Section nationale du droit pénal - 5950 $

Preventing Injustice in Sentencing

Association du Barreau canadien, Comité permanent - accès à la justice - 40000 $

Building Blocks for Change on Access to Justice - Part 1 of a 2 Stage Plan

Pivot Legal Society with charitable partner Hope in Shadows Inc. - $15,000

Impact of Controlled Drugs and Substances Act sentencing reform for people with addictions

West Coast LEAF Association - $16,900

Equal Access Under the Law - Court watch of Child Protection Proceedings

2010-2011

Comité permanent sur l'équité, Association du Barreau canadien- 31210 $

CBA Measuring Diversity Guide - Research Initiative

L'Association du Barreau canadien, Division Colombie-Britannique - 40000 $

Improving Legal Aid Through Public Awareness and Dialogue

Centre pour les droits a l'égalité au logement - 15000 $

1, 2, 3: Housing Rights Canada

Faculté de droit, University of Manitoba - 25000 $

Implementing the UN Declaration on the Rights of Indigenous Peoples in Canada

The CBA’s refund policy stipulates that membership fees (or a pro-rated amount) are non-refundable.

There are several ways you can pay your annual membership fees.

Here’s what you should know:

• The amount due is an annual fee and should not be treated as a monthly subscription.
• Once your annual fees are paid, you are a member for that year.
• If you pay your annual membership fee in monthly installments, the entire remaining balance is due in full immediately upon cancelling your membership.
• If your fees are paid by your employer (or other third party), the CBA will not refund any portion of your membership fees to an employer (or other third party). If the relationship between you and your employer (or third party) ends, and your employer (or other third party) wishes to recover the CBA membership fees, they should recover those fees as part of the departure settlement.

Lesson 1: Land Acknowledgements

What is a land acknowledgement, why are they done and how should they be used? In this lesson you will learn about the meaning and importance of land acknowledgements. Upon completion of this lesson, you will be able to:

• Understand the origin of land acknowledgements in Canada and explain their importance
• Understand that land acknowledgements are a First Nations convention
• Describe whose land you live and work on
• Make your statement meaningful, and not performative

Lesson 2: Origin Stories

Stories are integral to Indigenous culture; they shape our societies. You will learn about the importance of storytelling, with examples from across the land now called Canada. Upon completion of this lesson, you will be able to: 

• Understand the importance of storytelling to Indigenous Peoples
• Provide examples of First Nations stories, laws, societies and cultures that have existed here ‘since time immemorial’
• Locate on a map, some of the nations that existed here prior to European contact

Lesson 3: Inuit across the North

For many Canadians ‘Indigenous’ cultural awareness refers to ‘First Nations’ and sometimes ‘Métis’, with little or no awareness of Inuit. This lesson will introduce you to pre-contact Inuit culture, review the major milestones that have impacted Inuit since the arrival of Europeans, and describe how each unique Inuit region came to be shaped and defined through the land claim process.  Upon completion of this lesson, you will be able to: 

• Describe major milestones in Inuit history
• Understand the nature and basis for Inuit land claims across the North
• Summarize the history and defining moments in the creation of the modern Nunavut, Nunavik, Nunatsiavut and the Inuvialuit regions

• Stress Management – Alberta Assist
• Workplace Strategies for Mental Health – Great West Life
• Workplace Wellness Toolkit

A doctrine in Canadian common law that is a unique collective right to the use of and jurisdiction over traditional or ancestral lands. (e.g. see Tsilqot’in decision when Supreme Court declared that the Tsilqot’in Nation has Aboriginal title to a specific section of land).

Duration: 90 minutes
Member cost: Complimentary
Non-member cost: $55 + tax

Register

This webinar aims to unpack what it means to be a legal practitioner, a lawmaker, a judge (etc) where the concurrent lawmaking jurisdiction of ILOs is still coming to be understood.

Duration: 90 minutes
Member cost: Complimentary
Non-member cost: $55 + tax

Register

• Band-aid for the mind: Mental health first aid training
• Confronting the Mental Health Stigma in the Legal Profession
• Stigma: Depression in the Legal Profession
• Killing Ourselves: Depression as a Workplace, Institutional and Professionalism Problem
• Anxiety management for lawyers
• Breaking the silence about eating disorders

All of this is specifically formulated and tailored to the needs and issues facing legal professionals and their families.

Duration: 360 minutes
Member cost: Complimentary
Non-member cost: NA

Register

Such projects, particularly if not managed appropriately, can be long, complicated, expensive, and disruptive to the business. This program will provide practical tips and best practices for managing those projects offered by a panel of speakers who have successfully worked together on a large e-discovery project.

Duration: 90 minutes
Member cost: Complimentary
Non-member cost: $50 + tax

Register

Or perhaps a future where you simply ask an artificially intelligent Alexa, Siri, Cortana or Google to find you some stuff that you can rely on? As you might have already observed, we are madly rushing in all three directions right now! In this webinar, Colin Lachane, CEO of Maritime Law Books will discuss these different and potentially conflicting trends; introduce the players, tools and technologies being applied to legal research; and offer some suggestions on how to manage the onslaught of new gadgets and miracle solutions demanding your time and legal research investment dollars.

Duration: 85 minutes
Member cost: Complimentary
Non-member cost: NA

Register

May 22, 2024 | 12:00-1:00 pm ET

As cyber incidents increase in both frequency and complexity, it’s clear that #CyberIsTheNewDisaster. In response, organizations are transforming from a posture of cyber security into one of cyber resilience – balancing the cyber security teams traditionally defensive strategies with the native disciplines and skills used by the data protection & business continuity environment.

Accreditation

Recording

Privacy Notice. Please note that you are being redirected to a non-CBA website. This site operates independently of CBA and has established its own privacy and security policies. Any information you provide to this site is provided directly to the site operator and subject to such third party’s privacy policy, for which CBA shall not be responsible.

• Emma Andrews
  Emma Andrews Law Firm
  Vancouver, BC
• Alicia Backman-Beharry
  Holthe Immigration Law
  Calgary, AB
• Laura Monica Chaves Paz
  Chaves Paz Legal
  Ottawa, ON
• Amy Dupuis-Sène
  MT>iplus
  Montreal, QC
• Sheela Gupta
  Mosaic Immigration Law
  Niagara Falls, ON
• Sara Espinal Henao
  Stewart McKelvey
  Halifax, NS
• Chaobo Jiang
  Zaifman Immigration Lawyers
  Winnipeg, MB
• Inna Kogan
  Inna Kogan Law Office
  Toronto, ON
• Anna Kuranicheva
  Edmonton Community Legal Centre
  Edmonton, AB
• Vance Langford
  Langford Law
  Calgary, AB
• Daniel Lee
  Fasken Martineau DuMoulin LLP
  Vancouver, BC
• Jamie Liew
  University of Ottawa
  Ottawa, ON
• Véronique Malka
  Canadian Law Group LLC
  Toronto, ON
• Tiffarah McLean
  Law Office of Tiffarah D. McLean
  Fredericton, NB
• Rekha McNutt
  Caron & Partners LLP
  Calgary, AB
• Lisa Middlemiss
  Gomberg Dalfen S.E.N.C.
  Montreal, QC
• Halyna Miller
  Miller Immigration Law Firm
  Calgary, AB
• Benton Mischuk
  Maynard Kischer Stojicevic
  Victoria, BC
• Tara Pandes
  Odyssey Law
  Calgary, AB
• John Petrykanyn
  Petrykanyn Cullen LLP
  Toronto, ON
• Bjorna Shkurti
  Caron & Partners LLP
  Calgary, AB
• Dean Szikinger
  Zaifman Law
  Winnipeg, MB
• Ksenia Tchern
  Abramovich & Tchern
  Toronto, ON
• Greg Willoughby
  Only IMMIGRATION
  London, ON
• Celine Wlasichuk
  Titan Law
  Vancouver, BC
• Elizabeth Wozniak
  North Star Immigration Law
  Halifax, NS
• Ken Zaifman
  Zaifman Law
  Winnipeg, MB

Public safety exception: The Supreme Court of Canada and most law society codes of conduct recognize a public safety exception which may allow or require disclosure in cases where there is some impending harm to a person.

In Smith v. Jones³, the Supreme Court held that public safety concerns set aside solicitor-client privilege when a lawyer reasonably believes that there is a clear, serious and imminent threat to public safety.⁴

Similarly, law society codes of conduct provide public safety exceptions to the ethical duty of confidentiality. The Federation of Law Societies’ Model Code of Professional Conduct provides that "A lawyer may disclose confidential information, but must not disclose more information than is required, when the lawyer believes on reasonable grounds that there is an imminent risk of death or serious bodily harm, and disclosure is necessary to prevent the death or harm."⁵

Look to your law society for the specific terms of the public safety exception as it applies to the duty of confidentiality, particularly the types of future harm covered (criminal activity, violence, serious physical harm, etc.) and the voluntary or mandatory nature of the lawyer’s responsibility.

Innocence of the accused exception: In R. v. McClure,⁶ the Supreme Court of Canada recognized an exception to solicitor-client privilege when the innocence of an accused is at stake. It interpreted this exception very strictly and the exception is likely to apply only in the rarest of circumstances. Information disclosed under the innocence of the accused exception cannot be used against the client whose lawyer disclosed the information.

There are no reported cases in which a McClure application has led to an order to disclose information covered by solicitor-client privilege.

Note that codes of conduct do not speak to the innocence at stake exception in the context of the duty of confidentiality. It is unclear whether the codes of conduct would prohibit disclosure in situations where the "innocence at stake" exception could apply.

Disclosure of information: fees and allegations against a lawyer: All law society codes of conduct permit a lawyer to disclose confidential information in order to establish or collect a fee or to defend oneself or one’s colleagues against any allegation involving a client’s affairs, be they criminal, civil, or regulatory (for example, a complaint to a law society). Whatever the situation, the lawyer must not disclose more information than the circumstances require.⁷

However, there is no comparable exception to solicitor-client privilege. As a result, while codes of conduct may permit lawyers to use information usually protected by the ethical duty of confidentiality, lawyers may remain prohibited from disclosing information covered by solicitor-client privilege. When the client is not the adverse party, solicitor-client privilege may protect information even though the codes of conduct would allow its use. When the client is the adverse party, this clash between the duty of confidentiality and solicitor-client privilege would not arise.

Footnotes

May 17, 2021 | 1:00-2:00 pm ET

The most valuable resource any organization has are the people within it. How they spend their time is related not only to the work they do, but also how they feel. Interconnectedness with Teams has never been more essential in remote and hybrid working environments, and the tools that workers use can help drive their productivity forward and save organizations time and money.

Please Join Microsoft Canada and the CBA as they dive into the recent findings on the work trend index, and the types of tools employees are using at present to work, cope and maintain productivity.

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Privacy Notice. Please note that you are being redirected to a non-CBA website. This site operates independently of CBA and has established its own privacy and security policies. Any information you provide to this site is provided directly to the site operator and subject to such third party’s privacy policy, for which CBA shall not be responsible.

Artificial intelligence (AI) is transforming various aspects of the legal profession, from document review to contract drafting to litigation support. Generative AI is significantly impacting legal writing, from improving client communications to drafting legal documents and everything in between. Many believe that using AI software for legal writing can help lawyers save time, reduce errors, generate concise responses, and enhance the overall quality of legal documents. But how can you effectively use AI for legal writing while navigating the IP, bias propagation, and privacy risks?

Join our experienced group of panelists as they demonstrate how using AI-powered tools for legal writing can help give lawyers a leg up within the profession.

Presenters

Jaspreet Chager, Senior Director of Pharmacy and Professional Affairs, Pharmasave East | Owner of AI Simplify Now

Horatiu Druma-Strugariu, Head of Canadian Content, Alexi | Leaders in Generative AI for Law

Aly Háji, Health and Regulatory Litigator, Ricketts Harris LLP

Dustin Paterson, Director of Innovation, Torys LLP

Moderator:
Christiane Saad, Executive Director, Law Practice Program, University of Ottawa | Chair, CBA Futures Sub Committee

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The enrollment process will take approximately 10 to 15 minutes to complete.

If you are an existing GoodLife member, please have your Member Number or barcode (on your keytag) handy. If you are also registering family members, please have their information available before beginning the process. GoodLife will send you a copy of your membership agreement electronically after you’ve completed the online registration process.

During the registration process, you will be prompted to create a GoodLife account, that you can use to log into goodlifefitness.com. If you have not logged in since October 2019, you will need to create a new password.

Law Day is a national event that celebrates the signing of Canada’s Charter of Rights and Freedoms. Learn more.

Since 2005, the Immigration Law Section has offered pro bono services in times of natural or political disaster. These initiatives aim to provide services, without charge, to individuals affected by ongoing crisis who wish to come to Canada.

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Privacy Notice. Please note that you are being redirected to a non-CBA website. This site operates independently of CBA and has established its own privacy and security policies. Any information you provide to this site is provided directly to the site operator and subject to such third party’s privacy policy, for which CBA shall not be responsible.

If judges weren’t independent, the door could be open to a dictatorship. The freedom to express our opinions, to practice our religion, to confidentially consult a lawyer, to travel freely and to have privacy—all of these could vanish.

Prepare for a safe and stress-free trip travelling with a child, whether you’re in a relationship, single, separated or divorced, or travelling with someone else’s child.

Learn more

CBA Subcommittees (reporting to the Policy Committee) and other task forces, working groups and multi-Section Committees, contribute to policy reform, help shape the law and provide advice on member programs.

You are a practising lawyer within less than five years of call to a Canadian bar. Membership in the CBA is mandatory for this category.

$265

Benefits

Value: Enjoy reduced CBA membership fees. Access discounts on personal services, business solutions and practice management resources.

Growth: Access complimentary and on-demand PD programs. Access career development resources, including our job board.

Community: Network with lawyers from New Brunswick and across Canada. Be automatically enrolled in the Young Lawyers Section.

Impact: Volunteer on issues that matter with committees and Sections.

Wellness: Be well and practice well through our lawyer wellness programs.

Covering the latest legal trends and developments

CBA National
The CBA’s premier publication tracks legal trends and developments. Stay on top of changes in federal legislation, substantive law, practice management and the legal marketplace.

The In-House Edition
The Canadian Corporate Counsel Association’s publication offers insightful articles, analysis and commentary for in-house counsel.

Duration: 90 minutes
Member cost: Complimentary
Non-member cost: $25 + tax

Register

A Guide to Strategy for Lawyers
Get clear step-by-step instructions on how to take a strategic approach to planning your firm’s future. The guide also includes directions for solo practitioners and in-house counsel.

CBA Law Office Sustainability Challenge
Improve the environmental performance of your law firm with information and guidance from this important CBA initiative.

CBA Partnership Toolkit
Learn how to make partner. This toolkit for early career lawyers brings together the best resources to help you achieve your goal.

How to Innovate: Futures for Small and Solo Law Firms
Be innovative with your practice. Improve service, efficiency, profitability and accessibility with guidance that will help you remain viable and prosperous in the future legal market.

Measuring Diversity in Law Firms
Access guidance that will help your firm measure your diversity performance, including strategies and steps.

Pandemics and the Workplace: A Resource for Lawyers
Prepare your clients for a pandemic. Advise them about pandemic plans, vaccination requirements, work refusals, forced absences and more during a pandemic.

Promoting Preventive Legal Health
The toolkit helps lawyers support their clients with preventive lawyering skills. A little preventive legal health can keep small legal issues from growing into huge legal problems.

The Well-Being Hour
This series of free on-demand video conversations focuses on the well-being of lawyers and legal professionals in Canada, including the challenges they face. Topics include retirement, resilience skills, mindfulness, working from home and more.

Dear Advy
Advy is the CBA’s advice columnist. Members of the legal community can submit questions anonymously on anything and everything relating to well-being, dealing with stress and succeeding under pressure. Advy responds with advice and useful resources.

Mental Health and Wellness in the Legal Profession
This free online program provides a deeper understanding of mental health and addiction issues in the legal profession. Get your free mental health check-up, along with resources and support, while gaining CPD credit hours.

National Study on Wellness
The first comprehensive national study on lawyer well-being paints an alarming picture of the wellness of Canadian legal professionals. The study fills a critical gap in the knowledge about the mental health of legal professionals.

The Every Lawyer Podcast
This CBA podcast offers tools and insights to advance your career and be the best version of yourself. Get actionable guidance and practical tips. The series includes podcast episodes on mental well-being, addiction and important legal issues of the day.

Special thanks to the Canadian Bar Insurance Association (CBIA)/Lawyers Financial for sponsoring our well-being programs.

You are a practicing lawyer who is in your first three years of call to a Canadian bar. 

$<insert> + tax 

Benefits 

Value: Enjoy reduced CBA membership fees. Access discounts on personal services, business solutions and practice management resources. 

Growth: Access complimentary and on-demand PD programs. Connect with a seasoned lawyer and get career advice through our mentorship program. Access career development resources, including our job board. 

Community: Network with lawyers from <prov/terr> and across Canada. Be automatically enrolled in the <insert branch or national> Young Lawyers Section. 

Impact: Volunteer on issues that matter with committees and Sections. 

Wellness: Be well and practice well through our lawyer wellness programs. 

The CBA has a National Office in Ottawa, branches in every province and territory, and an in-house counsel division called the Canadian Corporate Counsel Association.

Through the work of the CBA Executive, Board of Directors, Leadership Forum, Committees, Sections and staff at the national and branch levels, we lobby the government on important legal issues, protect the profession’s core values and actively engage with Canada’s legal community.

We offer high-quality professional development programs, conferences and events. Our publications, practice tools, resources and podcasts offer insights into global and national trends affecting your work.

Learn how CBA is governed

Four Board Committees – Finance, Governance and Equality, Policy and Audit – support decision-making, coordinate policy activities and engage CBA volunteers. Each Committee reports to the Board of Directors.

The Leadership Forum is convened at least once a year to ensure the input and voices of all regions and sectors are reflected in the CBA’s strategic direction.

As part of the CBA’s commitment to respond to the Truth and Reconciliation Commission’s Calls to Action, we offer the following information, tools and resources to help address the difficult legacy of colonialism in Canada.

Our commitment: The CBA is learning to do better
Read about our commitment to reconciliation.

Resources: Develop your cross-cultural skill set
Understand, communicate and engage more effectively with Indigenous peoples.

Advocacy: Strengthen public policy and advocacy efforts
Learn what the CBA is doing to improve access to justice for Indigenous peoples in Canada.

The Path: Your Journey through Indigenous Canada
The CBA developed this accredited series in response to the Truth and Reconciliation Commission’s calls to action. The six online modules use videos and quizzes to introduce you to the history of Indigenous peoples and demystify some of the legal issues surrounding the Canadian Constitution, the Indian Act, treaties and rulings by the Supreme Court of Canada.

Building Indigenous Intercultural Competency Learning Series
This new online series gives you the knowledge and tools needed to understand your own cultural and racial attitudes. It discusses race and culture, stereotypes, cultural bias and being anti-racist. It also undoes the ‘myths of Canada’ and highlights the skills needed to build Indigenous intercultural capacity.

Truth and Reconciliation Toolkit for Firms
This toolkit is designed to create a better, more inclusive future. No matter where you are on your reconciliation journey, these resources will help your firm become a better ally, engage with Indigenous advisors, recruit and retain Indigenous talent, and more.

Indigenous Peoples in the Criminal Legal System
The Gladue & Beyond toolkit provides information on the over-representation of Indigenous peoples in the justice system. It also explores jury diversity, Gladue and the Indian Act. You’ll find relevant case files and criminal codes, along with Gladue rights and guides.

Public safety exception: The Supreme Court of Canada and most law society codes of conduct recognize a public safety exception which may allow or require disclosure in cases where there is some impending harm to a person.

In Smith v. Jones³ , the Supreme Court held that public safety concerns set aside solicitor-client privilege when a lawyer reasonably believes that there is a clear, serious and imminent threat to public safety.⁴

Similarly, law society codes of conduct provide public safety exceptions to the ethical duty of confidentiality. The Federation of Law Societies’ Model Code of Professional Conduct provides that "A lawyer may disclose confidential information, but must not disclose more information than is required, when the lawyer believes on reasonable grounds that there is an imminent risk of death or serious bodily harm, and disclosure is necessary to prevent the death or harm."⁵

Look to your law society for the specific terms of the public safety exception as it applies to the duty of confidentiality, particularly the types of future harm covered (criminal activity, violence, serious physical harm, etc.) and the voluntary or mandatory nature of the lawyer’s responsibility.

Innocence of the accused exception: In R. v. McClure,⁶  the Supreme Court of Canada recognized an exception to solicitor-client privilege when the innocence of an accused is at stake. It interpreted this exception very strictly and the exception is likely to apply only in the rarest of circumstances. Information disclosed under the innocence of the accused exception cannot be used against the client whose lawyer disclosed the information.

There are no reported cases in which a McClure application has led to an order to disclose information covered by solicitor-client privilege.

Note that codes of conduct do not speak to the innocence at stake exception in the context of the duty of confidentiality. It is unclear whether the codes of conduct would prohibit disclosure in situations where the "innocence at stake" exception could apply.

Disclosure of information: fees and allegations against a lawyer: All law society codes of conduct permit a lawyer to disclose confidential information in order to establish or collect a fee or to defend oneself or one’s colleagues against any allegation involving a client’s affairs, be they criminal, civil, or regulatory (for example, a complaint to a law society). Whatever the situation, the lawyer must not disclose more information than the circumstances require.⁷

However, there is no comparable exception to solicitor-client privilege. As a result, while codes of conduct may permit lawyers to use information usually protected by the ethical duty of confidentiality, lawyers may remain prohibited from disclosing information covered by solicitor-client privilege. When the client is not the adverse party, solicitor-client privilege may protect information even though the codes of conduct would allow its use. When the client is the adverse party, this clash between the duty of confidentiality and solicitor-client privilege would not arise.

Footnotes

Jane Burke-Robertson Award of Excellence in Charity and Not-for-Profit Law
This award recognizes, honours and celebrates a lawyer who has made an exceptional contribution and/or achievement in the development of charity and not-for-profit law in Canada.

The Department of Justice provides information on Canada’s justice system and courts. The booklet, Canada’s System of Justice, offers a good overview of the Canadian legal system.

Canadian judges are independent. This means they don’t favour one side in court. They are free to decide cases, and they do so based only on the law and the evidence. Watch our video on judicial independence.

Sexual and Gender Diversity Alliance Section (SAGDA) – Ally Award
This award recognizes lawyers, professors, law students or judges who support the LGBTQ2+ communities.

Sexual and Gender Diversity Alliance Section (SAGDA) – Hero Award
This award recognizes lawyers, professors, law students or judges who are members of the LGBTQ2+ community and demonstrate excellence in advancing the cause of equality for lesbian, gay, bisexual, transgender and two-spirit people.

Touchstone Award
The Touchstone Award celebrates the accomplishments of an individual or an organization who has excelled at promoting equity in the legal profession, the judiciary or the legal community in Canada.

Common Interest: Litigation context – Ordinarily, the protection of solicitor-client privilege is considered waived when a lawyer, with the client’s authorization, discloses privileged information to outsiders. However, if litigants have a common interest that makes it beneficial for them to share privileged information, the waiver will not be assumed.

In Canada, any privileged information shared between parties who have a “common interest” will continue to be protected by solicitor-client privilege.

The general principle was first described in the often cited case Buttes Gas & Oil v. Hammer (#3).⁸ In that case, Lord Denning found that the adversarial system would benefit when parties who seek a common outcome or share a common, but not necessarily identical, goal, could unify in their “selfsame interest”.

When a third party has a common interest in the subject matter of a privileged communication between a litigant and the litigant’s solicitor, the communication may be shared with the third party without being considered a waiver of the privilege. To qualify as a third party with a common interest:⁹ it is not necessary to establish a particular kind of relationship, as long as the relationship is one created by joint interest: “the courts should, for the purpose of discovery, treat all the persons interested as if they were partners in a single firm or departments in a single company. Each can avail himself of the privilege in aid of litigation.”¹⁰

Common Interest: Commercial context – Originally, the extension of solicitor-client privilege to parties with a “common interest” was applied only in the context of litigation. It has since been expanded in Canada to apply to some commercial transactions “in the corporate family.”¹¹ The rationale underlying the “common interest exception” in litigation is the promotion of the proper functioning of the adversarial system. In the context of commercial transactions, the philosophical underpinning is different: the parties’ common interest in the successful and efficient completion of a financial transaction is recognized as a benefit to them, and to the economy and society as a whole.

The mere existence of a commercial transaction is not, however, sufficient to insulate all shared solicitor-client communications. In some cases, the circumstances will suggest that there has indeed been a loss or waiver of privilege. Cases have said that a merger or other business transaction that shows a clear adverse interest between the parties is an example of a commercial transaction in which the necessary spirit of sharing for a greater common interest does not exist. On the other hand, courts have held that in many commercial transactions, the parties will want to negotiate on the footing of a shared understanding of each other's legal position and that the expectation, whether express or implied, will be that the opinions are in aid of the completion of the transaction and, in that sense, are for the benefit of all parties to it.¹²

For the “common interest exception to operate and extend solicitor-client privilege to a third party, the intention of the parties exchanging information must be clearly voluntary and in contemplation of a shared benefit.”¹³

A signed agreement between the parties, outlining their common commercial interest and their intention to protect privileged communications which they will share, may serve to provide important evidence of these intentions.

Is the “common interest” privilege” exception the same in the U.S. as it is in Canada? – In the United States, the “common interest exception” to solicitor-client privilege applies only in litigation matters. In the Third Circuit Court of Appeal decision, In re Teleglobe Communications Corp.¹⁴, the court found that the common interest privilege takes effect “when clients with separate attorneys share otherwise privileged information in order to coordinate their legal activities” in the context of litigation.¹⁵ This is consistent with the U.S. Uniform Rule of Evidence section 502(b)(3), which requires that there be actual pending action before the common interest defence against the waiver of privilege can be utilized. ¹⁶

As noted above, in Canada, courts have extended the “common interest exception” to some commercial transactions. A Canadian court has been willing to apply the common interest privilege in the context of a cross-border commercial transaction. In the British Columbia Supreme Court 2002 decision, Fraser Milner Casgrain LLP v. Minister of National Revenue,¹⁷ the court applied the common interest exception to communications between parties in both Canada and the United States, explaining that “[i]t is the parties’ common interest in the successful completion of the transaction that is the element that gives rise to the privilege. The rationale is the preservation of confidentiality.”¹⁸ The trans-border nature of these communications did not factor into the court’s decision.

The “joint retainer” – Joint privilege is recognized in both Canada and the United States and refers to the situation where one lawyer represents multiple clients in a matter.

In conducting cross-border transactions, privileged communications ought to be clearly marked as such and communicated only through a jointly-retained counsel to attract the protection of “joint privilege”.

Disclosure outside a joint retainer would constitute a waiver of solicitor-client privilege in the United States, so care must be taken to direct communications through protected channels.

Footnotes

The CBA’s Equal Justice initiative is actively working for an inclusive justice system – one that is equally accessible to all, regardless of means, capacity or social situation. It offers a comprehensive plan to bring members of the justice community together for change so people can access the legal help they need in Canada.

Reaching Equal Justice: Report
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Do Law Differently: Futures for Young Lawyers
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Take a deep dive into the legal issues that matter most. Join our CBA President in conversation with legal experts about important priorities in Canadian law – a perfect complement to the CBA’s advocacy work.

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Court interventions offer our perspective on issues undergoing appeal that are in the public interest or of special significance to the profession. View our latest court interventions.

Learn about Canadian refugee law and procedures for asylum seekers. For lawyers, we offer a guide to mobility provisions for businesspeople under CETA.

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In Canada, judicial independence is protected in three ways.

First, judges are appointed based on their legal expertise and knowledge — not on the expectation that they would favor someone they know or vote for.

Second, they serve for as long as they choose or are able to before the age of mandatory retirement. They can’t be fired for making a decision the government doesn’t like.

Third, Canada’s judges are guaranteed a sufficient salary and pension so they don’t face financial pressures that could make them vulnerable.

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If you pay bi-weekly for your membership, you will not receive any notification. Your membership will automatically continue on a month-to-month basis.

Got questions about judicial independence? We’ve got answers.

Predictive analytics are not new to the legal profession; however, AI-based technology is now helping lawyers make informed predictions in a variety of legal sectors with greater accuracy.

AI-powered tools can analyze and categorize vast amounts of legal data, including statutes, regulations, case law, and legal opinions, in a fraction of the time it would normally take. These tools can also identify patterns, detect inconsistencies, and provide valuable insights, allowing lawyers to make better-informed decisions. 

Join our expert panelists for a demonstration of these AI-powered predictive analytics, as well as ways to navigate the ethical and regulatory hurdles involved.

Presenters

Stephanie Curcio, IP Strategist, Lawyer, CEO &Co-Founder, NLPatent

Matthew Maslow,  Director, Deloitte Canada

Sean Rehaag, Associate Professor, Osgoode Hall Law School, Director, Centre for Refugee Studies and the Refugee Law Laboratory

Moderators

Cole Bailey, Corporate & Commercial Associate, Coal Harbour Law, and Member of the CBA Legal Futures Subcommittee

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June 7, 2021 | 1:00-2:00 pm ET

For legal organizations, success in the coming decade depends on how well they transform “business as usual” with technology to create new value, becoming indispensable partners in increasingly interdependent networks and complex value chains that cross business and industry boundaries. To get there, they must adapt to the new landscape and embrace entirely new business models that combine agility and security in dynamic tension, with trust at the center.

In this digital experience we dive into the legal sector using the themes of evolution, innovation, and trust as touchstones for understanding the forces that are fundamentally reshaping the industry – and determining the shape of things to come.

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In 2006, the Supreme Court of Canada⁸ distinguished between solicitor-client privilege and litigation privilege. While solicitor-client privilege protects legal advice communications between a lawyer and client, litigation privilege is not restricted to communications between the lawyer and client. Justice Fish wrote that litigation privilege "contemplates, as well, communications between a solicitor and third parties or, in the case of an unrepresented litigant, between the litigant and third parties. Its object is to ensure the efficacy of the adversarial process and not to promote the solicitor-client relationship."⁹

As the court discusses in the Blank v. Canada decision, there are a number of important distinctions between the two privileges:

• Solicitor-client privilege exists any time a client seeks legal advice from a lawyer whether or not litigation is involved. Litigation privilege applies only in the context of litigation itself.
• Solicitor-client privilege is rooted in the confidential nature of the solicitor-client relationship. It protects a relationship. Litigation privilege seeks to create a zone of privacy to allow for investigation and preparation for a trial. It facilitates a process.
• Solicitor-client privilege applies only to confidential communications between client and lawyer. Litigation privilege applies to communications of a non-confidential nature between the lawyer and third parties and even includes material of a non-communicative nature.
• Solicitor-client privilege lasts forever - "once privileged, always privileged".¹⁰ Litigation privilege is "neither absolute in scope nor permanent in duration"¹¹ and ceases to exist upon termination of the litigation.¹²

The question of whether a communication is protected by litigation privilege is a question of fact to be determined in the specific context in which the communication was made.

When does "litigation privilege" begin?: It is difficult to identify clearly the moment when litigation privilege begins. Case law has established that in order to invoke the litigation privilege generally a party must establish two facts:

1. litigation was ongoing or was reasonably contemplated at the time the communication was made
2. the dominant purpose of the communication was in respect of that litigation.¹³

One author has concluded that more than a "vague or general apprehension of litigation" is required.¹⁴

In Kennedy v. McKenzie,¹⁵ the Ontario Superior Court held that a party asserting litigation privilege must establish that the documents were created for the dominant purpose of existing, contemplated, or anticipated litigation, and for one of these reasons:

• in answer to inquiries made by an agent for the party's solicitor, or
• at the request or suggestion of the party's solicitor, or
• for the purpose of giving them to counsel in order to obtain advice, or
• to enable counsel to prosecute or defend an action or prepare a brief.¹⁶

This area of case law is evolving. Check recent case developments.

Footnotes

• Carley Parish, K.C.
  LUTZ PARISH GERRISH
  Sussex, NB
• Brenda Lim (Kwan)
  Calgary Legal Guidance
  Calgary, AB
• Khatidja Moloo-Alam
  Green and Spiegel LLP
  Toronto, ON
• Amanda Aziz
  Migrant Workers Centre BC Society
  Vancouver, BC
• Emma Andrews
  Emma Andrews Law Firm
  Vancouver, BC
• Sheela Gupta
  Mosaic Immigration Law
  Niagara Falls, ON
• Choabo Jiang
  Zaifman Immigration Lawyers
  Winnipeg, MB
• Walter Chi-yan Tom
  Concordia Student Union Legal Information Clinic/Clinique d’information juridique
  Montreal, QC
• John Petrykanyn
  Petrykanyn Cullen LLP
  Toronto, ON

June 18, 2024 | 12:00-1:00 pm ET

It's crucial to acknowledge that organizations have invested significant time and resources in fortifying their cyber security posture. However, with the ever-evolving landscape of cyber threats, it's imperative for customers to remain vigilant. Continuously enhancing your attack surface, bolstering detection and response capabilities, and fortifying recovery protocols are essential steps to staying ahead of malicious activities and safeguarding your practice. Find out the proactive measures that are key to maintaining resilience and protecting your firm against emerging cyber threats in this free webinar for CBA members.

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Panelists discuss important developments in the enforceability of restrictive covenants, the difference between various injunctions and the corresponding relief and the need to "hit the ground running" when an employer learns of a breach of a covenant.

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• Health & Fitness: Energize!
• Creating a healthy workplace
• Mental health’s toll

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Are you buying a home? Separating or divorcing? Looking for general legal advices? We can help. You can find out how to avoid legal problems before they begin through our Legal Health Checks, and let our helpful Legal Links put you in touch with important resources.

If you are looking to find a lawyer in Canada, please visit our Find-A-Lawyer directory.

• Addictions – Alberta Lawyers Assistance Society
• Ethics and Wellbeing: How the Elevated Incidence of Mental Illness is Impacting the Profession
• Mental health and the COVID-19 pandemic
• Mental health and wellness – Government of Canada
• Mental Health Commission of Canada
• Mood Disorders Society of Canada

Lesson 1: From the Arrival of Strangers 

The first Europeans to arrive on these shores were looking for a shortcut to Asia. They did not find one, but once they saw the vast natural wealth, they were keen to exploit this “new” world. This had an enduring and disastrous impact on Indigenous Peoples. Upon completion of this lesson, you will be able to: 

• Describe the perspectives of First Nations and Europeans upon first contact
• Link the establishment of the fur trade with the emergence of the Métis Nation in Canada
• Describe Peace and Friendship Treaties
• Summarize the importance of the Royal Proclamation of 1763

Lesson 2: Denial of Rights from 1763 to the Dominion of Canada

While the Royal Proclamation acknowledged that there was such a thing as ‘Indian land’, the relationship between the British Crown, European settlers and First Nations and Métis Peoples began to unravel in the 19th century. Upon completion of this lesson, you will be able to: 

• Explain why and how the British Crown paid restitution to British loyalists after the American Revolution and the War of 1812
• Describe the historical and legal nature of a treaty
• Summarize the Upper Canada Land Surrenders, the Douglas Treaties and the Robinson treaties 

Lesson 3: Colonization since Confederation – Numbered Treaties

The new Dominion of Canada was keen to build a railroad across the country and ‘open the West’ for agriculture, resource development and settlement.  They first needed to purchase Rupert’s Land from the Hudson’s Bay Company, then enter treaties with First Nations. Upon completion of this lesson, you will be able to: 

• Describe the sale of Rupert’s Land
• Summarize the numbered treaty process after 1870
• Recognize the differences between how Canada saw these treaties, and how the First Nations saw these treaties

Lesson 4: Colonization since Confederation – Other Defining Moments

When the Dominion of Canada was created by the British North America Act in 1867, the new government introduced laws, policies and processes that devastated Indigenous Peoples. Upon completion of this lesson, you will be able to: 

• Describe the history, background and scope of the Indian Act
• Summarize the legacy and long-term impacts of Residential Schools
• Describe the failed Northwest Half-breed Commission and Métis scrip
• Describe the events and impact of forced Inuit relocations
• Recognize the individual and social impact of the “Sixties Scoop”
• Summarize the circumstances and historical events that led to the Oka Crisis

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2009-2010

L'Association du Barreau canadien, Comité de liaison de l'aide juridique

Expert Evidence for Legal Aid Challenges

Groupe de travail national sur les recours collectifs de l'Association du Barreau canadien - 25000 $

Bringing Class Actions from Multijurisdictional Chaos to National Cooperation

Conseil des Canadiens avec Deficiences - 6,000$

Accommodation in the 21^st Century

Univeristé McGill (Centre de Recherche en Droit Privé et Comparé du Québec) - 15000 $

Private Law Dictionary of the Family and Bilingual Lexicons - Electronic Edition

Canadian Forum on Civil Justice - $15,000

Action Committee on Access to Justice

2008-2009

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Towards More Accessible Legal Services: Practical Help for Lawyers

L'Association du Barreau canadien, Division Québec / Éducaloi - 25000$

Projet de simplification et vulgarisation du manuel du comité citoyenneté et chartes

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More Access to Less Justice: The Expanding Role of Efficiency in Civil Justice Reform

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Research and Support for the Action Committee on Access to Justice in Civil & Family Matters

Ecojustice Canada - $15,000

Working Towards Recognition of Environmental Rights in Canada

2007-2008

Forum des juges canadiens, Association du Barreau canadien Canadian Bar Association - 15000 $

Courthouse Security "Best Practices" Guidelines

Reach Canada - Equality and Justice for People with Disabilities - $10,150

A One Day Conference Entitled "Long-Term Disability: Keeping the Promise of Peace of Mind"

Faculté de droit Osgoode Hall, York University - 20930 $

More Access to Less Justice: The Expanding Role of Efficiency in Civil Justice Reform

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Bridging the Gap from Theory to Practice

2006-2007

Community Legal Services, University of Western Ontario - $20,000

An Analysis of Outcomes in the Criminal Courts for Unrepresented Persons

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The Mental Health of Women in the Legal Profession: Incidence, Causes and Consequences

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No-Fault Working Group Plan of Action - Research Requirements

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2005-2006

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Association du Barreau canadien - 24000 $

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ARCH: Disability Law Centre - $30,000

Criminal Justice for Persons with Disabilities Who Have Been Abused

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European and Canadian Environmental Law: Best Practices and Opportunities

Women's Human Rights Resources, Bora Laskin Law Library, Faculty of Law, University of Toronto - $5,115

Women's Human Rights Resources Online - Women's Rights Law Database

Comité permanent sur l'équité, Association du Barreau canadien - 12000 $

Racial Equality in the Legal Profession: Developing Standards

2005-2006 - Project conjoint avec la Commission du droit du Canada

Elizabeth Fry Society of Manitoba, Inc. - $13,888

Listening to their Voices: Women Prisoners and Access to Justice in Manitoba

Canadian Centre for Policy Alternatives, Manitoba - $19,895

Will Community Policing Provide Greater Access to Justice for Residents of Winnipeg Inner City Neighbourhoods

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Youth in Focus, Friends in Trouble: Justice, Access to Justice for "Marginalized" and Low Income Youth

2004-2005

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You Be The Judge - A National Judicial Education Program Targeted to High School Students Across Canada

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Advocacy Guidelines for National Poverty Law Services

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Civil Justice Reform 10 Years On: Research Project

Association du Barreau canadien, Comité permanent sur l'équité - 10000 $

It's About Respect - On-Line and Video Legal Resource for Diversity and Anti-Harassment Training

Association du Barreau canadien, Comité permanent de la déontologie et des questions professionnelles - 50000 $

Modernizing the Canadian Bar Association Code of Professional Conduct

West Coast Environmental Law Research Foundation - $10,000

Academic research on statutory interpretation and public rights in common law

Canadian Human Rights Reporter Inc. - The Poverty and Human Rights Centre - $15,000

Constitutional Law in Canada and the Rights of Poor People - A Legal Primer

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Alternatives to Criminal Regulation of the Sex Trade Project

2003-2004

Association du Barreau canadien - $50,000

Coping with Conflicts in the Wake of R v. Neil - A Delicate Balance

Conservation Council of New Brunswick - $33,500

Protecting Public Trust Resources Through Common Law

Faculté de droit de l'Université de la Colombie-Britannique - 3400 $

The Development of Family Mediation in British Columbia

Université de Calgary - 17360 $

The Legal Regulation of Whistleblowing Activity in Canada

Association du Barreau canadien, Comité permanent sur l'équité - 20000 $

Racial Equality in the Legal Profession: Developing Standards

Association du Barreau canadien, Comité de liaison de l'aide juridique - 20500 $

Federal Obligation to Provide Legal Aid Services

Canadian Constitution Foundation - $25,000

Integrating Canadian Sovereignty & Aboriginal Self-Government Application

2002-2003

Reach Canada - $33,200

Access to Mental Health Law for the Deaf – Part 2 (LSQ)

Wildlands League - $13,000

Legally Wild: A New Provincial Parks Act for Ontario

Association canadienne des juges des cours supérieures - 34000 $

A Course on the Canadian Judiciary

Association du Barreau canadien, Comité de liaison de l'aide juridique - 82000 $

Defending Access to Legal Aid

Phoenix Community Works Foundation: Teaching Peace Through Justice - $30,000

Teaching Peace Through Justice: The International Court and the Evolution of Human Rights

Association du Barreau canadien, Comité permanent de la déontologie et des questions professionnelles - 65000 $

Modernizing the Canadian Bar Association’s Code of Professional Conduct

Sierra Legal Defence Fund, Ontario Office - $15,000

Illegal Aliens: A Legal Strategy to Protect Canada’s Ecosystems and Economy from Alien Invasive Species

Royal Roads University, Peace and Conflict Resolution Studies Division - $20,000

Whose court is it Anyway? Judicial Dispute Resolution in Canadian Courts – A Symposium for Judges

2001-2002

Association du Barreau canadien, Comité de liaison de l'aide juridique - 20000 $

Public Legal Education Kit – Defending Access to Justice

Association du Barreau canadien, Comité permanent sur l'égalité - 16750 $

It’s About Respect: On-Line and Video Legal Resource for Diversity and Anti-Harassment training

Reach Canada - $20,000

Access to Mental Health Law for the Deaf

Pembina Institute for Appropriate Development - $12,000

An Analysis of Legal and Public Policy Issues Arising from the Self-Regulation of Ontario Natural Resource Industries

2000-2001

Community Law School (Sarnia-Lambton) Inc. - $12,000

Web Page Development

Institut canadien du droit et de la politique - 10000$

Development of an Appropriate Regulation in Canada for Genetically Modified Organisms

Canadian Human Rights Reporter - $13,000

CHRR Online / Law Student Field-Testing Project

Canadian Bar Association - $40,000

Short Book/Collection of Papers, Essays and Recommendations: Aboriginal Rights in Canada: Renewal of an Agenda for Action

Energy Probe Research Foundation - $5,000

Regulatory Reform in Ontario’s Electricity Sector : Implication for Administrative Law

Forum canadien sur la justice civile - 15000 $

Civil Justice Clearinghouse Projects – Québec, New Brunswick, Prince Edward Island & Newfoundland

Association du Barreau canadien, Groupe de travail sur la responsabilité délictuelle - 17500 $

Tort Liability and Compensation Issues in Canada – Economic Analysis

Association du Barreau canadien, Comité de liaison de l'aide juridique - 32500 $

Research Paper: Legal Aid – a Privilege or a Right?

Université Western Ontario - 30148 $

The Development of a Handbook on Civil, Criminal and Administrative Remedies for Victims of Sexual Violence

Professeur Mark Perry, Université Western Ontario - 10000 $

LITICA: Law, Infrastructure & Technologies of Internet Computer Addressing

International Social Service Canada - $16,600

Inter-country Adoption

West Coast Legal Education and Action Fund (LEAF) - $15,000

Transforming Women’s Future: An Equality Rights Guidebook

Association du Barreau canadien, Forum des juges canadiens - 28450 $

Public Education on Judicial Independence

Association du Barreau canadien, Conférence sur l'aide à la profession juridique - 17500 $

Health, Wellness and Recovery Education Series (LPAC)

Join our CBA Group Membership program to pay for your team with one invoice and simplify your membership updates.

Les conférenciers partageront également les astuces et stratégies qui les ont bien servis lorsque la prévention ne réussit pas.

Duration: 90 minutes
Member cost: Complimentary
Non-member cost: $55 + tax

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See “Indian Band.”

Grants cannot be used to pay for any indirect costs, operating expenses, capital projects, budget deficits, general fund drives, annual charitable appeals, scholarships, sabbaticals, or the holding of conferences or seminars. Requests for grant funding relating exclusively to publication costs, equipment purchases and travel costs cannot be considered.

No permanent commitments are made to support any type of project. No grants are made to projects which would result in financial gain to an individual or organization.

"Fit" from the partners' point of view
Podcast: Some law firms set out their expectations of would-be partners clearly. Other law firms make the partnership process more of a mystery. Hear from two managing partners who know exactly what they want to see in associates before asking them to become a partner.)

A 10-Step Program for Becoming Partner
Destination partnership: your first 5 years.

Ask the Coach
When your destination is partnership, there are three key things you can do to steer your career in the right direction: develop your legal skills; build internal relationships and take key strategic steps at various stages of your career.

Expert advice from coaches: increasing the odds of making partner.
Podcast: Law firms are looking for skilled lawyers, who have great inter-personal skills, the gift of attracting new business, and the right attitude. Hear from two coaches who help lawyers to develop all the skills that they need to make partner.

The quest for partnership
Podcast: The road to partnership is challenging. There are long hours. There's competition to get good work and get noticed. Sometimes there's no one to talk to. Three associates share their dreams and what they are doing to increase their chances of making partner.

How Young Lawyers Can Get Ahead and Stay Out of Trouble
Be proactive. Ask questions. Be flexible. Get over setbacks. Four strategies to take now.

For many in the legal profession, the idea of healthy living is an aspiration and not a reality. The stress of work, lack of sleep, lack of exercise, and a poor diet can lead to burnout and the inability to function at the office.

Some lawyers have developed eating disorders, while others have turned to alcohol and drugs as a way to cope with the day-to-day stress of the profession - running the risk of addiction issues, disciplinary actions, and disbarment.

How do we combat stress while making space for healthy living within the legal profession?

Join our panel of authors and editors from the recently published The Right Not to Remain Silent: The Truth About Mental Health in the Legal Profession for how the legal profession can encourage unhealthy coping strategies and a “running on empty” mentality - regardless of the risks.

‘Coping Strategies and Lifestyle’ is one of three themes highlighted in the recent Phase II Study on A Healthy and Sustainable Practice of Law in Canada. Register for this program.

Speakers
Courtney Wilson, Partner, Stikeman Elliott

Katherine Cooligan, Founding Partner, Cooligan Yehia LLP

Yadesha Satheaswaran, Assistant Crown Attorney, Ontario Ministry of the Attorney General

Moderator
Andrea R. Jones, Practicing Lawyer, Richmond and CBA Well-Being Subcommittee member

Thank you to our program sponsors

Before you say yes
Podcast: A dialogue with Gary H. Luftspring

The Ultimate Partnership Planning Questionnaire - Is this the right firm for me?
Assess for yourself: Is this the right firm for me?

Me, a partner?
Questions to ask before signing a partnership agreement.

Things to think about before signing a partnership agreement
15 things to consider before you sign

What to Look For in a Partnership Agreement
Partnership agreements. Questions to ask. Issues to consider.

All applications must be submitted by May 2, 2023 for this year. The LFFF Board of Trustees reviews all applications and makes recommendations to the LFFF Board of Directors. The Board of Directors typically finalizes the list of approved grants by the end of June/beginning of July each year and applicants are notified of the results at that time.

The governing body of an Indian Band, usually under the Indian Act or through custom. Generally comprised of one Chief and a number of Band Councillors. The Band Council manages the affairs of the Band.

1999-2000

Association du Barreau canadien, Comité permanent de la déontologie et des questions professionnelles - 20000 $

Canadian Bar Association’s Code of Professional Conduct

Association du Barreau canadien, Groupe de travail sur la responsabilité délictuelle - 30000 $

Tort Liability and Compensation Issues in Canada

1998-1999

Professeur Gillian K. Hadfield, Université de Toronto - $23,000

Just Law: How the Legal System Allocates Justice

Forum canadien sur la justice civile - 14880 $

Canadian Forum on Civil Justice Clearinghouse – National

Association du Barreau canadien - 38290 $

CBA’s Public Legal Education: Conflict Resolution and the Canadian Justice System

Association du Barreau canadien, Comité de liaison de l'aide juridique

National Legal Aid Review

Centre d'études constitutionnelles - 16637 $

A Citizen’s Guide to Canadian Constitutional Debates

Conseil des canadiens avec déficiences (CCD)  - 20000 $

Fundamental Human Rights

Centre for Equality Rights in Accommodation - $10,000

Promoting Economic and Social Rights in Canada

Association du Barreau canadien, Comité sur la pratique internationale du droit - 54500 $

The Transformation of the Accountancy Profession: Lessons in the Delivery of Professional Services to the Canadian Public

Institut canadien du droit et de la politique de l'environnement - 10000 $

Legal & Public Policy Implications of the use of Non-Governmental “Delegated Regulatory Organizations”

Association du Barreau canadien, Groupe de travail sur les droits et responsabilités des clients - 10400 $

The Client and Lawyers’ Guides to Legal Services

1997-1998

Service Social International Canada - $16,600

Protection of Children in Respect to Intercountry Adoption

Association du Barreau canadien, Comité permanent sur l'égalité - 15000 $

Training Video – Sexual Harassment and Discrimination

Association du Barreau canadien, Forum des juges canadiens - 21600 $

Reference Regarding Independence and Impartiality of Judges in the Provincial Courts

Université du Nouveau-Brunswick - 15000 $

Spousal Abuse, Children and the Legal System

Fraser Region Community Justice Initiatives Association - $15,000

Collaboration Sentencing Planning Project

Association du Barreau canadien, Groupe de travail sur l'égalité raciale - 7800 $

Mise en oeuvre du rapport du groupe de travail sur l'égalité raciale

Interim Organizational Committee for a National Forum on Civil Justice - $15,000

Canadian Forum on Civil Justice

1996-1997

L'Association nationale de la femme et du droit - 1200 $

Gender and the Law: An Introductory Handbook for Law Students

Institute for Dispute Resolution - $5,000

Progress Toward a Level Playing Field

Association du Barreau canadien, Conférence des jeunes avocat(e)s et notaires - 5000 $

Study of the Future of the Legal Profession in Canada

Association du Barreau canadien, Conférence sur l'aide à la profession juridique - 20000 $

Lawyers Wellness Program

1995-1996

Association du Barreau canadien, Comité du code de déontologie judiciaire - 10000 $

Code of Judicial Conduct

Association du Barreau canadien - 6000 $

CBA 100^_th Anniversary Commemorative Book

Legal Resource Centre for Persons with Disabilities - $5,000

Disability Law and Legal Education on the Internet

Nova Scotia Judicial Development Project Coordinating Committee - $15,000

Judicial Development Pilot Project

John Howard Society of Alberta - $5,000

Criminal Justice Education Program for School Children

Surrey Place Centre - $5,000

Knowledge of Legal Terminology and Court Proceedings in Adults with Developmental Disabilities

Association du Barreau canadien - 15000 $

Symposium on Québec Sovereignty

1994-1995

Sierra Legal Defence Fund - $2,250

Protection of Canada’s Endangered Species

National Institute for Administrative Tribunals, and Division of University Extension and Community Relations, University of Victoria - $12,000

Tribunal Training – Multi-media Programs

Centre for Research on Violence Against Women and Children in London - $5,500

Research on Violence Against Women and Children

University of Toronto Faculty of Law and York University’s Centre for Health Studies - $18,000 Legal and Ethical Aspects of Genetic Testing and Counselling

Public Legal Education Society of Nova Scotia - $2,250

PLE – Society of Nova Scotia

Association du Barreau canadien, Égalité des sexes - 10000 $

Gender Equality – Educational Materials to Promote Gender Equality in the Legal Profession

Association du Barreau canadien, Groupe de travail sur l'égalité raciale - 95000 $

CBA’s Working Group on Racial Equality in the Legal Profession

Association du Barreau canadien, Groupe de travail sur les systèmes de justice civile - 100000 $

Systems of Civil Justice Task Force

Association du Barreau canadien, Division de la Nouvelle-Écosse et Barreau de la Nouvelle-Écosse - 9000 $

Insurance/Tort Reform

Task Force on Court Delays - $10,000

Court Reform

1993-1994

Professeur Peter Bowal, Université de Calgary - 8966 $

Legal Liability of Third Parties for Land Contamination in the New Environmental Regulation in Canada

1992-1993

Groupe de travail de la Cour supérieure du Canada - 20000 $

Conflict of Interest Task Force

Canadian Intellectual Property Institute - $10,000

Canadian Intellectual Property Institute

Société Radio-Canada - 30000 $

Street Cents – CBC Television

1991-1992

Association du Barreau canadien - 79900 $

A Study of the Constitutional Amendment Process in Canada and Amending Processes in European Countries

Association du Barreau canadien - 55000 $

Rebuilding a Canadian Consensus, Constitutional Initiative

Association du Barreau canadien - Groupe de travail sur l'égalité des sexes  - 110000 $

Touchstones for Change: Equality, Diversity and Accountability

1990-1991

Association du Barreau canadien, Groupe de travail sur la recodification du Code criminel - 25000 $

Recodification of the Criminal Code

Association du Barreau canadien, Groupe de travail sur les soins de santé - 54000 $

Law and Ethics in Health Care Allocation

Association du Barreau canadien - 25000 $

Court Reform Task Force

If you choose to pay by cheque, please make it payable to The Canadian Bar Association. Include a copy of your group invoice and send it with your cheque to:

Canadian Bar Association
66 Slater St., Suite 1200
Ottawa, ON K1P 5H1

Lesson 1: We Reap What We Sow 

In this lesson, you will explore how the past informs the present. Understand how colonial laws and policies have impacted Indigenous Peoples and led to them lagging behind on all indicators of health and community wellbeing. Learn about the ever-present reality of racism in Canada today. Upon completion of this lesson, you will be able to:

• Describe the connection between colonial policies and health inequities for Indigenous Peoples today
• Explain the lack of progress in reducing the gaps between Indigenous and non-Indigenous Peoples in community well-being
• List examples of racism in Canada’s health system

Lesson 2: The City is Home

This lesson discusses the realities faced by First Nations, Inuit and Métis who live in urban settings. Explore how they remain connected to culture, language and land. Learn about the importance of the Friendship Centre movement for connection, support and program and service delivery. Upon completion of this lesson, you will be able to:

• Describe some key reasons why Indigenous Peoples move into urban centres
• Explain the challenges faced by Indigenous Peoples in urban centres
• Summarize the establishment of the Friendship Centre movement and the role that Friendship Centres play in supporting Indigenous Peoples in cities and towns across Canada

The immigration process can be exciting, but also stressful and confusing. Check our collection of free resources and tips to help you with your immigration journey.

Duration: 90 minutes
Member cost: Complimentary
Non-member cost: $30 + tax

Register

• Coping with Stress and Avoiding Burnout: Techniques for Lawyers
• Stressed out? There’s help for that
• Vicarious trauma in the legal profession

Duration: 90 minutes
Member cost: Complimentary
Non-member cost: $220 + tax

Register

It will also provide an overview of the Canadian legal environment in which nonprofits operate, the 10 responsibilities of a board and the 2 principal duties of board directors. It will also cover the 7 responsibilities of board directors as well as the risks and liabilities that they may face.

Duration: 90 minutes
Member cost: Complimentary
Non-member cost: $50 + tax

Register

What should law schools, legal associations, law firms and the legal profession in general be doing to eliminate stigma and support those who are suffering? How can you recognize the signs of mental illness in your colleagues, or in yourself? What can or should you do to help? How does mental illness impact co-workers and loved ones?

Duration: 60 minutes
Member cost: Complimentary
Non-member cost: $50 + tax

Register

Les conférenciers partageront également les astuces et stratégies qui les ont bien servis lorsque la prévention ne réussit pas.

Duration: 90 minutes
Member cost: Complimentary
Non-member cost: $250 + tax

Register

Common Interest: Litigation context – Ordinarily, the protection of solicitor-client privilege is considered waived when a lawyer, with the client’s authorization, discloses privileged information to outsiders. However, if litigants have a common interest that makes it beneficial for them to share privileged information, the waiver will not be assumed.

In Canada, any privileged information shared between parties who have a “common interest” will continue to be protected by solicitor-client privilege.

The general principle was first described in the often cited case Buttes Gas & Oil v. Hammer (#3).¹⁷  In that case, Lord Denning found that the adversarial system would benefit when parties who seek a common outcome or share a common, but not necessarily identical, goal, could unify in their “selfsame interest”.

When a third party has a common interest in the subject matter of a privileged communication between a litigant and the litigant’s solicitor, the communication may be shared with the third party without being considered a waiver of the privilege. To qualify as a third party with a common interest:¹⁸  it is not necessary to establish a particular kind of relationship, as long as the relationship is one created by joint interest: “the courts should, for the purpose of discovery, treat all the persons interested as if they were partners in a single firm or departments in a single company. Each can avail himself of the privilege in aid of litigation.”¹⁹

Common Interest: Commercial context – Originally, the extension of solicitor-client privilege to parties with a “common interest” was applied only in the context of litigation. It has since been expanded in Canada to apply to some commercial transactions “in the corporate family.”²⁰  The rationale underlying the “common interest exception” in litigation is the promotion of the proper functioning of the adversarial system. In the context of commercial transactions, the philosophical underpinning is different: the parties’ common interest in the successful and efficient completion of a financial transaction is recognized as a benefit to them, and to the economy and society as a whole.

The mere existence of a commercial transaction is not, however, sufficient to insulate all shared solicitor-client communications. In some cases, the circumstances will suggest that there has indeed been a loss or waiver of privilege. Cases have said that a merger or other business transaction that shows a clear adverse interest between the parties is an example of a commercial transaction in which the necessary spirit of sharing for a greater common interest does not exist. On the other hand, courts have held that in many commercial transactions, the parties will want to negotiate on the footing of a shared understanding of each other's legal position and that the expectation, whether express or implied, will be that the opinions are in aid of the completion of the transaction and, in that sense, are for the benefit of all parties to it.²¹

For the “common interest exception to operate and extend solicitor-client privilege to a third party, the intention of the parties exchanging information must be clearly voluntary and in contemplation of a shared benefit.”²²

A signed agreement between the parties, outlining their common commercial interest and their intention to protect privileged communications which they will share, may serve to provide important evidence of these intentions.

Is the “common interest” privilege” exception the same in the U.S. as it is in Canada? – In the United States, the “common interest exception” to solicitor-client privilege applies only in litigation matters. In the Third Circuit Court of Appeal decision, In re Teleglobe Communications Corp.²³ , the court found that the common interest privilege takes effect “when clients with separate attorneys share otherwise privileged information in order to

coordinate their legal activities” in the context of litigation.²⁴  This is consistent with the U.S. Uniform Rule of Evidence section 502(b)(3), which requires that there be actual pending action before the common interest defence against the waiver of privilege can be utilized.²⁵

As noted above, in Canada, courts have extended the “common interest exception” to some commercial transactions. A Canadian court has been willing to apply the common interest privilege in the context of a cross-border commercial transaction. In the British Columbia Supreme Court 2002 decision, Fraser Milner Casgrain LLP v. Minister of National Revenue,²⁶  the court applied the common interest exception to communications between parties in both Canada and the United States, explaining that “[i]t is the parties’ common interest in the successful completion of the transaction that is the element that gives rise to the privilege. The rationale is the preservation of confidentiality.”²⁷  The trans-border nature of these communications did not factor into the court’s decision.

The “joint retainer” – Joint privilege is recognized in both Canada and the United States and refers to the situation where one lawyer represents multiple clients in a matter.

In conducting cross-border transactions, privileged communications ought to be clearly marked as such and communicated only through a jointly-retained counsel to attract the protection of “joint privilege”.

Disclosure outside a joint retainer would constitute a waiver of solicitor-client privilege in the United States, so care must be taken to direct communications through protected channels.

Footnotes

Judges are appointed either by the federal government or by a provincial government, depending on the court.

Independent judicial advisory committees are at the heart of the federal judicial appointment process. These committees include representatives from a wide range of organizations and from all walks of life.

For instance, a lawyer who wants to be considered for a federal judicial appointment must submit a detailed personal history to the relevant advisory committee. The committee will then conduct extensive background and reference checks, and may also interview selected candidates. Next, the committee decides which candidates to recommend to the federal Minister of Justice, who then makes his or her final recommendations to Cabinet. Acting on the advice of Cabinet, the Governor General makes the appointment.

Watch our CBA videos on cross-border business, becoming a permanent resident of Canada and sponsoring your spouse to come to Canada.

Watch now

Resolutions adopted by members at each AGM determine our position on current legal issues and governance. Search our database of important resolutions.

You are in the process of articling with a Canadian law firm, or you are enrolled in a bar admissions course to be admitted to your first Canadian Bar or Law Society.

$192

Benefits

Value: Enjoy reduced CBA membership fees.

Community: Network with lawyers from New Brunswick and across Canada. Join the Young Lawyers Section.

Growth: Access complimentary and on-demand PD programs to develop your skills and knowledge.

Impact: Volunteer on issues that matter with committees and Sections.

Wellness: Be well and practice well through our lawyer wellness programs.

Findings and recommendations for change

Access to Justice for Trans People
This report identifies the barriers that trans, non-binary and gender diverse people face to access justice. It recommends improvements to build a legal system that is inclusive for all people in Canada.

No Turning Back: CBA Task Force Report on Justice Issues Arising from COVID-19
This report examines the impact of the COVID-19 pandemic on the justice system and service delivery. It offers recommendations to enhance access to justice in future crises.

National Study on Wellness
This first comprehensive national study found that legal professionals are dealing with increased mental health issues and burnout at an alarming rate.

You are in the process of articling with a Canadian law firm, or you are enrolled in a bar admissions course to be admitted to your first Canadian Bar or Law Society.  

$<insert> + tax 

Benefits 

Value: Enjoy reduced CBA membership fees. 

Community:  Network with lawyers from <prov/terr> and across Canada. Join the <insert branch or national> Young Lawyers Section. 

Growth:  Access complimentary and on-demand PD programs to develop your skills and knowledge. Get insights and career advice through our mentorship program. 

Impact: Volunteer on issues that matter with committees and Sections. 

Wellness: Be well and practice well through our lawyer wellness programs. 

There are 39 national CBA Sections (specialty groups) that represent common interests or focus on substantive areas of the law and the legal profession. Each is administered by a CBA Section executive.

Section executives identify and coordinate advocacy activities, professional development programs and subject matter experts to support their work.

In 2006, the Supreme Court of Canada¹⁹ distinguished between solicitor-client privilege and litigation privilege. While solicitor-client privilege protects legal advice communications between a lawyer and client, litigation privilege is not restricted to communications between the lawyer and client. Justice Fish wrote that litigation privilege "contemplates, as well, communications between a solicitor and third parties or, in the case of an unrepresented litigant, between the litigant and third parties. Its object is to ensure the efficacy of the adversarial process and not to promote the solicitor-client relationship."²⁰

As the court discusses in the Blank v. Canada decision, there are a number of important distinctions between the two privileges:

• Solicitor-client privilege exists any time a client seeks legal advice from a lawyer whether or not litigation is involved. Litigation privilege applies only in the context of litigation itself.
• Solicitor-client privilege is rooted in the confidential nature of the solicitor-client relationship. It protects a relationship. Litigation privilege seeks to create a zone of privacy to allow for investigation and preparation for a trial. It facilitates a process.
• Solicitor-client privilege applies only to confidential communications between client and lawyer. Litigation privilege applies to communications of a non-confidential nature between the lawyer and third parties and even includes material of a non-communicative nature.
• Solicitor-client privilege lasts forever - "once privileged, always privileged".²¹ Litigation privilege is "neither absolute in scope nor permanent in duration"²² and ceases to exist upon termination of the litigation.²³

The question of whether a communication is protected by litigation privilege is a question of fact to be determined in the specific context in which the communication was made.

When does "litigation privilege" begin?: It is difficult to identify clearly the moment when litigation privilege begins. Case law has established that in order to invoke the litigation privilege generally a party must establish two facts:

1. litigation was ongoing or was reasonably contemplated at the time the communication was made
2. the dominant purpose of the communication was in respect of that litigation.²⁴

One author has concluded that more than a "vague or general apprehension of litigation" is required.²⁵

In Kennedy v. McKenzie,²⁶ the Ontario Superior Court held that a party asserting litigation privilege must establish that the documents were created for the dominant purpose of existing, contemplated, or anticipated litigation, and for one of these reasons:

• in answer to inquiries made by an agent for the party's solicitor, or
• at the request or suggestion of the party's solicitor, or
• for the purpose of giving them to counsel in order to obtain advice, or
• to enable counsel to prosecute or defend an action or prepare a brief.²⁷

This area of case law is evolving. Check recent case developments.

Footnotes

The Honourable Walter S. Tarnopolsky Award
This award recognizes a resident of Canada who has made an outstanding contribution to domestic or international human rights.

Use our Find-a-Lawyer search tool to locate a lawyer who specializes in the area of law you need. You can also search for lawyers by name, firm, language and other search criteria. If you are a CBA member and want to be listed, sign up now.

If you can’t afford a lawyer or legal services, legal aid is available to help if you qualify for it. Legal aid is government funded. Reach out to legal aid services for your province or territory.

CBA Insolvency Law Section Lifetime Achievement Award
The Lifetime Achievement Award of the CBA Insolvency Law Section recognizes senior members of the insolvency profession who have achieved excellence in their field.

Solicitor-client privilege: If a client is seeking legal advice to facilitate the commission of a crime or a fraud, the information provided by the client is not covered by solicitor-client privilege and the duty of confidentiality does not apply. However, Law Society Codes of Conduct do not recognize a crime-fraud exception to the duty of confidentiality. Where the public safety exception does not apply, it may well be that solicitor-client privilege does not exist yet the Law Society code will prohibit voluntary disclosure.

Some courts have moved to expand the exclusion for crime and fraud to apply the same reasoning to some torts.

This area of the law is uncertain and controversial, and awaits clarification from appellate courts.²⁸ Check recent case developments if you have any doubts about your situation.

Duty of Confidentiality: The current Model Code of Professional Conduct of the Federation of Law Societies requires lawyers acting for or employed by organizations to comply with "up the ladder"²⁹ reporting obligations. It does not permit whistle-blowing to third parties which would amount to a breach of the lawyer's ethical duty to maintain client confidentiality.

However, the American Bar Association Model Rules of Professional Conduct now includes a new exception to the requirement of confidentiality. Rule 1.6(b) was added after the corporate scandals of the late 1990s and early 2000s to permit, but not require, a lawyer to reveal information relating to the representation of a client:

1. A lawyer shall not reveal information relating to the representation of a client unless the client gives informed consent, the disclosure is impliedly authorized in order to carry out the representation or the disclosure is permitted by paragraph (b).
2. A lawyer may reveal information relating to the representation of a client to the extent the lawyer reasonably believes necessary:
   1. to prevent reasonably certain death or substantial bodily harm;
   2. to prevent the client from committing a crime or fraud that is reasonably certain to result in substantial injury to the financial interests or property of another and in furtherance of which the client has used or is using the lawyer's services;
   3. to prevent, mitigate or rectify substantial injury to the financial interests or property of another that is reasonably certain to result or has resulted from the client's commission of a crime or fraud in furtherance of which the client has used the lawyer's services?³⁰

In addition, the ABA Model Rule 1.13 (Organization as Client) permits a lawyer to reveal information about an illegal act involving the client organization, which the lawyer reasonably believes is reasonably certain to result in substantial injury to the organization, when the lawyer has been unsuccessful in having the highest organizational authority do anything about it. (See the exact language of Model Rule 1.13 for additional guidance³¹).

Although the Federation of Law Societies initially proposed a similar exception to its new Model Code of Professional Conduct and the inclusion of such an exception has been advocated elsewhere,³² the American approach has not been adopted in Canada. There may, however, be an obligation to withdraw in Canada where the conduct has not halted despite the lawyer's advice. This situation is addressed in Question 6: "When am I required to raise a matter "up the ladder"?

Footnotes

The CBA’s foundations and corporations operate through CBA bylaws and regulations. Our policies guide our activities.

You are a student who has not been called to a Canadian bar, and who is enrolled at a recognized Canadian law school, a Canadian citizen studying at a recognized foreign law faculty, or a foreign-trained lawyer completing the NCA process.  

$<insert> + tax 

Benefits 

Value: Enjoy free membership <or reduced rate> with the CBA.  

Community: Network with lawyers from <prov/terr> and across Canada. Build your professional community before you graduate from law school. Be automatically enrolled in the Law Students Section.  

Growth: Access complimentary and on-demand PD programs to develop your skills and knowledge. Connect with a seasoned lawyer and get career advice through our mentorship program. 

Impact: Work with other lawyers on issues that matter with committees and Sections. 

Wellness: Be well and practice well through our lawyer wellness programs. 

You are a student who has not been called to a Canadian bar, and who is enrolled at a recognized Canadian law school, a Canadian citizen studying at a recognized foreign law faculty, or a foreign-trained lawyer completing the NCA process.

No cost to join (enrolled at a recognized law school in New Brunswick)
$18.00 (enrolled at a recognized Canadian law school outside of New Brunswick)

Benefits

Value: Enjoy free membership with the CBA.

Community: Network with lawyers from New Brunswick and across Canada. Build your professional community before you graduate from law school. Be automatically enrolled in the Law Students Section.

Growth: Access complimentary and on-demand PD programs to develop your skills and knowledge.

Impact: Work with other lawyers on issues that matter with committees and Sections.

Wellness: Be well and practice well through our lawyer wellness programs.

Submissions allow our members to advocate on issues and shape laws. Browse our submissions to government, law societies and others on important issues.

In Canada, parties in a legal case who lost in first instance, including in criminal matters, have access to appeal courts, the function of which is to correct errors, and clarify the law.

Typically, a court of appeal will intervene if there is an error of law affecting the outcome, or if there is a palpable and overriding error in the judge appreciation of the facts. For example, in criminal matters, a court of appeal may intervene if the accused can show that the judge made a legal error during the trial, that there was not enough evidence to support the conviction, or that the sentence was far more onerous than is usual in similar cases.

If an appeal is allowed in criminal matters, the appeal court has five options:

1. Dismiss the appeal - The original trial was conducted properly, the evidence supported the conviction, and the sentence was appropriate.
2. Order a new trial - The trial was not fairly or properly conducted, or a significant error of law was made.
3. Find the accused guilty - When the accused was found not guilty, the appeal court can overturn this decision and find the offender guilty of an offence. The Court will then also sentence the offender. If a jury acquitted the accused, the appeal court’s powers are limited to ordering a new trial.
4. Acquit the accused - When an accused was found guilty by a lower court, the Appeal Court may overturn that decision and find the accused not guilty.
5. Modify the sentence. The appeal court can make a sentence more or less severe and remove or add penalties such as fines or probation. The factors that the Court will consider include if the sentence is in keeping with sentences imposed in similar cases, the nature and seriousness of the crime, its impact on the victim, and the character and criminal history of the offender.

The paid in full membership is a 12-month commitment and cannot be cancelled. The bi-weekly is a no-commitment membership and can be cancelled at any time with 30 days’ notice. This can be requested at the club or through our Corporate Member Experience Department at 1-800-287-4631.

If a client is seeking legal advice to facilitate the commission of a crime or a fraud, the information provided by the client is not covered by solicitor-client privilege. This is characterized as an exclusion not an exception, as the nature of these communications completely negates the privilege that would ordinarily attach to them. Some courts have moved to expand the exclusion for crime and fraud to apply the same reasoning to some torts. This area of the law is uncertain and controversial, and awaits clarification from appellate courts.²⁸ Check recent case developments if you have any doubts about your situation.

The Law Society Codes of Conduct do not recognize a crime-fraud exception to the duty of confidentiality. Where the public safety exception does not apply, it may well be that solicitor-client privilege does not exist, yet the Law Society code will prohibit voluntary disclosure.

Footnotes:

Les conférenciers aborderont des situations concrètes susceptibles de donner lieu à des divergences de perspectives et offriront des astuces afin d’éviter les conflits ou, s’ils surviennent, de les résoudre.

Duration: 90 minutes
Member cost: Complimentary
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Our unparalleled faculty of local women lawyers share their key strategies and lessons learned on achieving success in the legal profession.

Duration: 120 minutes
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In Part I of this series, learn how participation in media relations improves access to justice, what the media needs from members of the legal profession and the risks of choosing not to participate in media relations.

Duration: 60 minutes
Member cost: Complimentary
Non-member cost: $150 + tax

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The speakers will offer practical advice for individuals and organizations for how legal workplaces can better accommodate parents.

Duration: 90 minutes
Member cost: Complimentary
Non-member cost: $30 + tax

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• Workplace Wellness Corner
• Creating a healthy workplace
• When minds matter

However, too much stress can take its toll on our physical, mental and emotional well-being. Chronic stress can affect our personal lives and our ability to serve our clients. Find out techniques to help you manage your time, create work life balance and reduce and deal with stress to enhance your performance in the practice of law.

Duration: 60 minutes
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Non-member cost: $50 + tax

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Lesson 1: Worldviews and Cultural Values

This topic discusses some of the cultural values and traditions of Canada’s Indigenous Peoples and describes how these shape Indigenous perspectives and views of contemporary Canadian society. Upon completion of this lesson, you will be able to: 

• Recognize some distinctive cultural values and traditional beliefs of First Nations, Inuit, and Métis Peoples in Canada
• Describe the ways in which cultural and traditional beliefs about the land, kinship systems, culture, language and ways of knowing continue to shape Indigenous perspectives

Lesson 2: Increasing Your Engagement IQ

This lesson provides some suggestions on how to work and communicate with Indigenous colleagues and partners and strengthen your relationships with Indigenous Peoples. Upon completion of this Lesson, you will be able to: 

• Describe protocols for working with First Nations, Métis and Inuit communities and Elders
• Describe some common verbal and non-verbal styles of communication among First Nations, Inuit and Métis
• Explain ways in which embracing cultural differences can lead to successful partnerships and business practices
• Describe some First Nations, Inuit and Métis cultural symbols and elements

Lesson 3: Indigenous Peoples and the Criminal Legal System

This lesson is exclusive to the CBA, created with a grant from the Department of Justice Canada. It examines the overrepresentation of Indigenous Peoples in the criminal legal system and Gladue Principles as they relate to addressing this issue. Upon completion of this lesson, you will be able to: 

• Recognize why there is an overrepresentation of Indigenous Peoples in the criminal legal system in Canada
• Understand how Canada’s legal system has addressed this issue to date
• Identify the Gladue-related cases and how Gladue came to be
• Recognize the existing Indigenous Courts and identify alternative justice systems

See “Land Claims.”

Each project must be on an annual basis. Projects must begin on September 1^st and end on August 31^st of the following calendar year (12 months).

1989-1990

Association du Barreau canadien, Plan d'action pour l'avenir de l'environnement - 35000 $

Sustainable Development Task Force

1988-1989

Association du Barreau canadien - 10000 $

Goods and Services TAX (GST) Study

Association du Barreau canadien - 10000 $

The Independence of Federal Administrative Tribunals in Canada

Association du Barreau canadien - 17500 $

Court Costs and Delays Task Force

Association du Barreau canadien, Groupe de travail sur la perspective canadienne - 25500 $

Alternative Dispute Resolution

You are a student who has not been called to a Canadian bar, and who is enrolled at a recognized Canadian law school, a Canadian citizen studying at a recognized foreign law faculty, or a foreign-trained lawyer completing the NCA process.

$17.39

Benefits

Value: Enjoy a significantly reduced rate on membership with the CBA.

Community: Network with lawyers from Prince Edward Island and across Canada. Build your professional community before you graduate from law school. Be automatically enrolled in the Law Students Forum.

Growth: Access complimentary and on-demand PD programs to develop your skills and knowledge.

Impact: Work with other lawyers on issues that matter with committees and Sections.

Wellness: Be well and practice well through our lawyer wellness programs.

From salaried employee to equity partner
Tax tips for new partners

Insurance Planning
Discusses disability insurance, life insurance, and professional liability insurance.

Planning Ahead for Partner Retirement
Perhaps no issue leaves firms as directionless as lawyer retirement. Much has been written on practically all other firm management issues. But when it comes to lawyer retirement, there has been very little guidance ... until now.

Retirement Planning
The best, perhaps only, way to reach your retirement objectives is to identify your financial goals early and take the necessary steps to achieve them.

The Ultimate Partnership Planning Questionnaire Part 3: What do I need to know about the firm's finances?
Ask: about the firm's finances

8 Tips for the New Partner
Acting like a partner and other tips.

Is the world different after you make partner?
Podcast: Three new partners talk about the transition from associate to partner. They reflect on what changed and how they feel about their new partnership responsibilities. They offer some advice about things to consider before accepting a partnership offer.

The Ultimate Partnership Planning Questionnaire Part 3: How to be a successful partner?
You've made it! Now, how do you succeed as a partner?

The 7 Habits of Highly Effective Partners, by Eric Seeger, Altman Weil, Inc.
Tips on how to become and remain a successful partner.

The long hello
From becoming a partner to feeling like a partner.

An interim report must be submitted on or before March 15 of the project year and a final report is due upon completion of the project. Funding is provided in three installments, a cheque for 50% of the funding is sent when the project begins, a second installment for 30% of the funding is issued following receipt of the interim report and the remaining 20% is sent once the final report and materials are received by the Canadian Bar Association.

English-language word used to describe wisdom- and knowledge keepers, ceremonial persons; mostly but not always older individuals. Term used for First Nations, Métis and Inuit. Métis may also use the term Senator. 

Lesson 1: Rights and Resurgence

Explore the growing assertion of Aboriginal and Indigenous rights in this lesson. Topics include the Federal government’s White Paper of 1969, the creation of modern treaties, the emergence of movements like Idle No More, recent Supreme Court of Canada cases, the growth of self-government and the United Nations Declaration on the Rights of Indigenous Peoples. Upon completion of this lesson, you will be able to: 

• Describe the importance of the “White Paper” of 1969 in the resurgence of the modern Indigenous rights movement

• Understand how modern treaties differ from historic treaties
• Identify the major Supreme Court rulings regarding Aboriginal Title, the Duty to Consult and Accommodate, and Métis rights
• Discuss the significance of the United Nations Declaration on the Rights of Indigenous Peoples
• List and summarize the roles of the major Indigenous political organizations in Canada

Lesson 2: The Path Forward

In this final Lesson, you will learn what true reconciliation can look like, and about First Nations, Inuit and Métis individuals, communities, and governments leading efforts in different sectors. Upon completion of this lesson, you will be able to: 

• Describe some movements and advancements regarding Truth and Reconciliation
• Summarize these key reports and speak to their relevance to Canadians on the path of Truth and Reconciliation
• Describe and provide an example of ‘two-eyed seeing’ as a way to consider reconciliation

• Understand the personal and societal need for Indigenous cultural awareness

You will also get a greater understanding of how to deal with stigma, your colleagues and your own internal prejudices about the illness and what you should ask for in terms of re-entry support.

Duration: 60 minutes
Member cost: Complimentary
Non-member cost: $50 + tax

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Duration: 90 minutes
Member cost: Complimentary
Non-member cost: $30 + tax

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Mais sont-ils compatibles avec vos obligations déontologiques et éthiques?  Plusieurs écueils sont possibles : commenter des affaires en cours, tenir des propos diffamatoires ou contraires à la dignité de la profession, révéler des informations confidentielles, perdre le contrôle de ses paroles…

Duration: 90 minutes
Member cost: Complimentary
Non-member cost: $250 + tax

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Duration: 60 minutes
Member cost: Complimentary
Non-member cost: $150 + tax

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You are required to keep confidential all information regarding the affairs of your client that you learn during the course of the retainer. This obligation survives the end of the retainer.

As well, these confidentiality obligations are imputed to other members of your firm. The Supreme Court of Canada has held that it is not only the individual lawyer but also the firm as a whole that owes the fiduciary duty of confidentiality to the client.²⁹

Neither you nor the lawyers in your firm may use confidential information against a former client of the firm.

Lawyer moves to a new firm – When a lawyer changes law firms, the lawyer will be assumed to be sharing confidential information about past clients with members of the new firm unless adequate screening measures are in place to show that confidential information is not being disclosed. Confidentiality requirements are the reason law firms create complex conflicts of interest machinery.

For more on this issue see the Conflicts of Interest: Final Report, Recommendations & Toolkit.³⁰

Footnotes:

Membership holds are not permitted for the paid in full option.

If you have a bi-weekly membership, you may place your membership on hold for a maximum of 6 months for a fee. Please contact the club or our Corporate Member Experience Department at 1-800-287-4631

The rule of law is the principle that our laws apply equally to everyone—no one is above the law. The rule of law is based on a recognition that we need laws to regulate society and to live together peacefully. The rule of law is a fundamental aspect of Canadian democracy.

You are a judge who has been called to a Canadian bar. 

$<insert> + tax 

Benefits 

Growth: Access live, local and on-demand PD programs targeted to your interests. Get access to resources for judges, such as courtroom management and judgment tips. Lead PD sessions and speak at conferences and events. 

Community: Network with other judges from across Canada. Be automatically enrolled in the Judges Section and enjoy programming delivered specifically for members of the bench. Join Under Reserve, our regular open discussion to build community with judges. 

Wellness: Be well and practice well through our lawyer wellness programs.  

Value: Access discounts on personal services, business solutions and practice management resources.  

In the aftermath of corporate scandals of the late 1990s, including Enron, the United States Congress enacted the most sweeping overhaul of corporate law since the 1930s. Section 307 of the Sarbanes-Oxley Act of 2002 directed the Securities and Exchange Commission (SEC) to make a rule "setting forth minimum standards of professional conduct for attorneys appearing and practicing before the Commission in any way in the representation" of an issuer.³³

Congress specifically directed the SEC to adopt a rule requiring an attorney to report evidence of a material breach of securities law or breach of fiduciary duty, or similar violation by a company or any of its agents, to the chief legal counsel or the chief executive officer of the company. If these individuals do not appropriately respond to the evidence, Congress directed the SEC to require the attorney to report the evidence to the audit committee or other committee comprised solely of non-management directors, or to the Board of Directors.

Following the adoption of Section 307, Sarbanes-Oxley Act, and the consequent new rules for lawyers "appearing and practicing" before the United States Securities and Exchange Commission, the American Bar Association's Task Force on Corporate Responsibility made, in 2003, recommendations for similar changes to the ABA Model Rules of Professional Conduct. After a lengthy debate, the American Bar Association amended its Model Rules of Professional Conduct for Lawyers to reflect these changes.³⁴ In particular, Model Rule 1.13, Organization as Client, was changed to incorporate "up the ladder reporting" requirements: unless the lawyer reasonably believes that it is not in the best interest of the organization to do so, the lawyer is required to refer the matter to a higher authority in the organization, including, if warranted by the circumstances, the highest authority that can act on behalf of the organization as determined by applicable law.³⁵

The Canadian Bar Association adopted changes to the CBA Code of Professional Conduct in 2004 after more than two years of consultation, and the CBA Code was further revised in 2009. Commentary 18 of Chapter IV, Confidential Information, is titled "Whistleblowing" and includes reference to "up the ladder" reporting. It says that a lawyer in particular circumstances of proposed misconduct by an organization “should ask that the matter be reconsidered and should, if necessary, bring the proposed misconduct to the attention of a higher (and ultimately the highest) authority in the organization despite any direction from anyone in the organization to the contrary.” The Commentary continues: “If these measures fail, it may be appropriate for the lawyer to resign in accordance with the rules for withdrawal from representation.”³⁶

The Federation of Law Societies Model Code of Professional Conduct now includes an "up the ladder" reporting requirement with essentially the same formulation and requirement as the CBA Code: "a lawyer employed or retained by an organization to act in a matter in which the lawyer knows the organization has acted, is acting or intends to act dishonestly, fraudulently, criminally or illegally" must take steps to advise the person from whom the lawyer takes instructions and if necessary the chief executive officer" that the conduct is dishonest, fraudulent, criminal or illegal and should be stopped". If those individuals fail to act, the lawyer is required to take the situation to higher and ultimately the highest authority within the organization and, if the conduct still isn't halted despite the lawyer's advice, the lawyer is directed to take steps to withdraw from representation. The commentary provides that conduct likely to cause "substantial harm" to the organization "as opposed to genuinely trivial misconduct" triggers the requirements of the rule.³⁷ Note that the Model Code does not permit disclosure of privileged information when the lawyer has unsuccessfully made efforts to halt the conduct, although this is now permitted in the United States.³⁸

The new Code of Conduct governing in-house counsel in Alberta (adopted on November 1, 2011), is based on the Federation's Model Code. Under Rule 2.02(11), Fraud When Client is an Organization, if the organization, despite the lawyer's advice and after the lawyer has followed the Rule's requirements for reporting "up the ladder", continues with or intends to pursue the unlawful conduct, the lawyer must withdraw from acting in the matter in accordance with Rule 2.07.³⁹

Although the Rule speaks to withdrawing from acting "in the matter" making it theoretically possible to continue representation on non-related matters, rules on personal interest conflicts of interest such as Alberta Code Rules 2.04(9) and 2.04(10), could preclude the lawyer from continuing to act for the client. When an organization has decided to continue engaging in conduct that "is or would be fraudulent, criminal or illegal" despite the lawyer's advice "up the ladder", the lawyer's objectivity could be impaired as a result of that continued conduct to such a degree that the lawyer's ability to carry out the representation properly and competently is impaired. Further, when the organization fails to follow the lawyer's advice and proceeds in a course of unlawful conduct the lawyer might be seen as enabling or facilitating other illegal conduct if representation continues.

The ABA Model Rules, the CBA Code, and the Federation Model Code apply to any lawyer with an organization as a client. The obligations are not restricted to lawyers with corporate clients whose shares are publicly traded in either Canada or the United States. The "up the ladder" rules in both Canada and the United States therefore apply to in-house counsel for small private companies, partnerships, or other organizational forms.

Footnotes

CBA Immigration Law Section – Award of Excellence
This Award is the highest honour that can be bestowed upon a member of the CBA Immigration Law Section.

CBA Immigration Law Section – Volunteer Recognition Award
This award recognizes significant contributions made by members to the CBA Immigration Law Section.

Pro bono services are legal services provided by lawyers for free or at a greatly reduced rate. Contact the Law Society in your province or territory to find a clinic or group offering pro bono services. Learn about the CBA’s pro bono initiatives in times of natural disasters or political crises.

Law Societies govern the legal profession in each province and territory. They ensure lawyers meet professional standards. If you have concerns regarding a specific lawyer’s conduct, contact your province or territory’s law society.

Legal Aid Leader Award
This award recognizes legal aid lawyers who have made a significant contribution to providing access to justice to people in need.

Volunteer in Profile (VIP) Award
This award recognizes CBA members who have demonstrated an outstanding contribution to pro bono work in Canada or their jurisdiction.

When negotiating a transaction, corporations sometimes assemble a “deal team” comprised of individuals (not only lawyers) with specialized expertise to assist them. External “deal team” members may be included in group communications and receive legal advice on the transaction from the client corporation's legal counsel. Since communications between a lawyer and client must be kept confidential for solicitor-client privilege to apply, communicating advice to the "deal team" (third parties) would normally be considered a waiver of the privilege.

Common law has recognized exceptions to this when a third party is performing a function that is central to the existence or operation of the lawyer-client relationship. For example, when a third party accountant “is using his skill as an accountant in acting as the agent of the client to obtain legal advice”.⁴⁰

In a 2011 case⁴¹, the Ontario Superior Court of Justice affirmed that the solicitor-client privilege extends, in appropriate circumstances, to “deal team” communications. The court cited, with approval, these comments from the British Columbia Supreme Court:

The nature of the interrelationship and of the dealings between [the client, the consultant, and the lawyer] are a practical reality in major commercial projects where teams of individuals with focused expertise are assembled. All functions are not performed under a single roof, and the solicitor, though retained by a single client, may be required to give advice to different members of the team who work for the client.⁴²

The Ontario court held that parties should not necessarily expect “deal team” privilege to extend in every complex commercial transaction, but noting that the extension depends on the facts of each case. In this case, the defendant global mining companies had engaged outside financial advisors to assist them in negotiating a complex transaction and the financial advisors were part of a small and identifiable team that also consisted of the client's business people, and in-house and external legal and tax advisors. The plaintiff had sought production of documents circulated to the outside group on the grounds that the defendants were commercially sophisticated enterprises and did not require the expertise of these advisors for their lawyers to provide meaningful legal advice.

The judge found that “[t]he documents make clear the particular input of a relatively small number of non-lawyer individuals outside the companies, whose input was necessary and appropriate to the consideration, structuring, planning and implementation of very complex transactions in a very short timeframe.” Further, the specialized advice of these other advisors was required for the “overall legal considerations” of the transaction, and that the financial advisors understood the importance of confidentiality in the deal team discussions.

Note, that while the judge “recognize[d] that the individuals considered themselves bound to confidentiality“, this was “not sufficient in itself to support solicitor client privilege.“

At this time, the parameters of the “deal team” privilege remain uncertain. Consider undertaking additional research and consulting with experts to determine whether "deal team" privilege applies in your particular circumstance and what protocols to implement to best protect privilege should it be available.

Footnotes

You are an academic teaching at a Canadian law faculty and have a recognized Canadian law degree. 

$<insert> – $<insert> + tax 

*Cost of membership for an academic or researcher varies based on your law society status and year of call.   

Benefits 

Growth: Access live, local and on-demand PD programs targeted to your interests. 

Impact: Shape the law and legal practice through advocacy and submissions.  

Community: Network with legal professionals from <prov/terr> and across Canada. Collaborate on important legal issues through committees and Sections. 

Value: Enhance your profile by leading professional development sessions and speaking at <branch> events. 

You are a lawyer who is not actively engaged in the practice of law. You are eligible for this category if your law society or insurer recognizes your non-practising status. Membership in the CBA is mandatory for this category.

$133 (less than five years called to the bar)

$294 (lawyer or judge for five years or more)

Benefits

Growth: Access live, local and on-demand PD programs targeted to your interests.

Impact: Shape the law and legal practice through advocacy and submissions.

Community: Network with legal professionals from New Brunswick and across Canada. Collaborate on important legal issues through committees and Sections.

Value: Enjoy reduced membership fees.

You are a lawyer who is not actively engaged in the practice of law. You are eligible for this category if your law society or insurer recognizes your non-practising status.

$308.50

Benefits

Growth: Access live, local and on-demand PD programs targeted to your interests.

Impact: Shape the law and legal practice through advocacy and submissions.

Community: Network with legal professionals from Prince Edward Island and across Canada. Collaborate on important legal issues through committees and Sections.

Value: Enjoy reduced membership fees.

No.

However, following consideration of appeals to higher courts, a government which disagrees with decisions of the courts may attempt to change what they don’t like by proposing either a new law or changes to an existing one. It’s then the responsibility of Parliament or a provincial or territorial legislature to accept, modify or reject the government’s proposals. In due course, judges may be called upon to  review a new or changed law to ensure it’s in line with Canada’s Constitution and Charter of Rights.

A benefit of the Corporate Membership Program is the ability to add eligible family members to your Corporate Membership as long as they are 12 years-of-age or older. You must register yourself into the GoodLife Fitness Corporate Program before you can register your family members. All payments for family member Corporate Memberships – including any added amenities (such as lockers, Hot Yoga, etc.) – will be withdrawn from your bank account or for paid in full, the additional memberships will be paid by credit card. Upon adding a family member, you will see the maximum number of eligible family members for your program.

In the context of a joint retainer, you have a duty of undivided loyalty to each client and an ethical obligation to deal evenly with them. Before agreeing to a joint retainer, you should explain the concept of undivided loyalty to each client. In most jurisdictions, you are not permitted to keep information confidential from either client. You should also explain that if an unresolvable conflict arises between them, you will be forced to withdraw and will not be able to represent either one of them.

Some jurisdictions (for example, Alberta) permit a joint retainer with confidentiality screens whereas the rules in other jurisdictions (for example, Ontario and British Columbia) are categorical in prohibiting a lawyer from keeping information confidential from one client within a joint retainer. If a joint retainer with confidentiality screens is permitted, it will be essential to obtain fully informed consent in writing after each client receives independent legal advice.

Hear first-hand from seasoned legal professionals about their own experiences and how they have built media relations into their practices - benefitting not only their clients but also their own professional brands.

Duration: 60 minutes
Member cost: Complimentary
Non-member cost: $150 + tax

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Duration: 90 minutes
Member cost: Complimentary
Non-member cost: $250 + tax

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Duration: 75 minutes
Member cost: Complimentary
Non-member cost: N/A

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But going solo also presents specific challenges, can be isolating, lonely and can take a toll on your mental health. In this session, you will gain strategies for building a support network and creating meaningful connections to help you be a happier solo practitioner.

Duration: 60 minutes
Member cost: Complimentary
Non-member cost: $50 + tax

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