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Advocacy Policy

1. PURPOSE

1.1 The purpose of this Submissions Policy is to:

  1. maximize the value of CBA Nova Scotia’s professional and public interest advocacy as a member service;
  2. execute advocacy by CBA Nova Scotia and its constituent groups in a manner that is accountable to Members and maintains the credibility of CBA Nova Scotia;
  3. ensure that all CBA Nova Scotia advocacy reflects a balanced perspective and is consistent within CBA Nova Scotia and across CBA National.

2. DEFINITION OF A SUBMISSION

2.1 A submission is an expression of policy, analysis, recommendation, response, endorsement, or position communicated by CBA Nova Scotia or any of its constituent groups to the government, courts, regulators, other organizations, or individuals in relation to matters within the objects of CBA Nova Scotia (Submission). Submissions do not include public statements to which the CBA Nova Scotia Public Statement Policy applies.

2.2 Submissions on behalf of CBA Nova Scotia may take the following forms:

  1. formal written briefs, resolutions, or recommendations;
  2. correspondence on CBA Nova Scotia letterhead or signed by an individual with authority to act on behalf of CBA Nova Scotia; and
  3. oral submissions and public appearances.


2.3 The following are not considered Submissions under this policy:

  1. advocacy on issues of general application to the legal profession and lawyers across Canada which are led by CBA National and governed by the CBA Advocacy Policy;
  2. submissions on federal matters which are led by CBA National and governed by the CBA Federal Submission Policy; and
  3. court interventions which are led by CBA National and governed by the CBA Intervention Regulation.


2.4 Except as otherwise defined in this policy, capitalized terms have the meaning set out in the CBA Nova Scotia Bylaws.

3. SETTING PRIORITIES

3.1 Priority will be given to Submissions that address issues:

  1. of compelling public interest or matters of special significance at the local or provincial level;
  2. impacting CBA Nova Scotia or its constituent group(s);
  3. of importance to the legal profession in Nova Scotia;
  4. of direct relevance to lawyers in Nova Scotia in their practice area; and
  5. elating to the core principles of the legal profession in Nova Scotia.

3.2 Submissions on matters that give rise to significant controversy in the legal profession should be supported by a CBA Nova Scotia Member resolution.

4. DEVELOPMENT AND CONSULTATION PROCESS

4.1 CBA Nova Scotia effectiveness in law reform is based equally on its reputation for objectivity and independence, its professional expertise, and its national voice. Participation in CBA Nova Scotia constituent groups (especially in Sections) gives members an opportunity to influence legislation and public policy, and to ensure that Submissions reflect a balanced position on the range of expertise and views within CBA Nova Scotia.

4.2 Submissions may be initiated by the Board, a Standing Committee, or a Section, or requested by a Member or third party.

4.3 In identifying whether to pursue a Submission, the Executive Director, President and Advocacy Committee Chair will make a preliminary assessment to proceed taking into account:

  1. whether the matter is a priority issue under section 3.1;
  2. the relative importance of the issue to CBA Nova Scotia or its constituent group(s);
  3. whether CBA Nova Scotia is best placed to inform the public debate;
  4. the likelihood of influencing the debate;
  5. whether a Submission is the most effective means to influence the debate;
  6. the time frame in which to prepare the Submission; and
  7. the available resources and capacity to produce a Submission.

4.4 If a preliminary decision is made to prepare a Submission, the Executive Director, President and Advocacy Committee Chair will determine:

  1. the liaison person for the Submission;
  2. who will prepare what;
  3. the stakeholder engagement process; and
  4. timelines, taking into account writing, stakeholder feedback, review and required approvals.

4.5 CBA National must be consulted during the development of any Submission that has the potential to impact on federal matters or that may affect a CBA National Section or other constituent groups.

5. REQUIRED APPROVALS

5.1 Speaking on behalf of CBA Nova Scotia or its constituent group(s) carries a responsibility to Members. The approval process ensures that Submissions are consistent with applicable policies, and that CBA Nova Scotia speaks with one voice. This ensures CBA Nova Scotia’s credibility and ability to influence change, as well as accountability to Members.

5.2 The Advocacy Committee may approve Submissions based on existing CBA Nova Scotia policies or resolutions.

5.3 Where a CBA submission is outside the parameters of existing CBA Nova Scotia policies or resolutions, the Advocacy Committee will refer the Submission to the Board with a recommendation on whether the Board should approve the Submission as CBA Nova Scotia policy or make the Submission the subject of a resolution at a Member’s meeting.

5.4 When determining whether to approve the Submission, the Board will consider whether the Submission:

  1. is within the objects of CBA Nova Scotia;
  2. accurately reflects the law;
  3. is consistent, or compatible, with existing CBA Nova Scotia Submissions, policies, resolutions, or public statements;
  4. reflects the CBA’s commitment to the rule of law, the Charter of Rights, and fundamental human rights;
  5. represents the range of interest in the topic amongst Members (even when considering a statement on behalf of a Section, views of other constituent groups with an interest in the subject matter should be sought or a joint submission considered);
  6. has canvassed all aspects of an issue thoroughly and in a balanced manner, and whether the resulting conclusion either represents a consensus or acknowledges differing opinions; and
  7. is expressed in language and in a form that will be understood by its intended audience.

6. CONFLICTS OF INTEREST

6.1 Any Member preparing, commenting on, approving, or presenting a Submission on behalf of CBA Nova Scotia must disclose on a confidential basis to the Executive Director or designate, any material interest in the subject matter of the Submission, whether personal or professional, as soon as the interest becomes apparent to the Member.

6.2 Where the Member is of the view that disclosing the material interest is not appropriate, the Member shall withdraw from preparing, commenting on, approving, or presenting the Submission.

6.3 Occasionally, input will be solicited from Members in a CBA Nova Scotia forum or survey arranged for the purpose of informing a Submission. When providing input, Members are encouraged to place their comments in context by revealing the interests of the Member when promoting a particular position or interpretation. This will assist to place the Member’s comments into perspective and will also serve to highlight the divergent interests and perspectives contributed by Members.