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Public Statements Policy

1. PURPOSE

1.1 The purpose of this Public Statements Policy is to:

  1. ensure proper coordination of public statements issued by CBA Nova Scotia;
  2. contribute to public discussion about issues within the objects of CBA Nova Scotia; and
  3. positively impact the public perception of CBA Nova Scotia.

2. DEFINITION OF A PUBLIC STATEMENT

2.1 A public statement means an oral or written statement on a matter within the objects of CBA Nova Scotia that is communicated in the public sphere (Public Statement). Public Statements include formal announcements, speeches, press releases, and media commentary and interviews. Public Statements do not include submissions to which the CBA Nova Scotia Advocacy Policy applies.

2.2 This policy does not apply to public statements on federal matters or issues of general application to the legal profession and lawyers across Canada which are led by CBA National and governed by the CBA Public Relations Policy, CBA Spokesperson Policy and CBA Conflict of Interest in CBA Public Statements.

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

3. RESPONSIBILITIES

3.1 The Executive Director, together with the President and Communications Committee Chair, have responsibility for Public Statements on behalf of CBA Nova Scotia.

3.2 The President shall act as the primary spokesperson for CBA Nova Scotia. In the event of a conflict of interest or in the absence of the President, a Public Statement may be made by the Vice President or other spokesperson designated by the President.

3.3 Any Public Statements made by a spokesperson on behalf of CBA Nova Scotia must be fully informed and approved in accordance with this policy.

3.4 Spokespersons must avoid expressing personal views. In the event personal views are expressed, a clear disclaimer must be issued.

4. DEVELOPMENT AND CONSULTATION PROCESS

4.1 A Public Statement may be initiated by the Board, a Standing Committee, or a Section, or requested by a Member or third party.

4.2 The following procedure will apply to the preparation of all Public Statements:

  1. The Executive Director, President and Communications Committee Chair will discuss the issue, make a preliminary decision to proceed and identify the relevant Board Member, Standing Committee or Section to lead preparation of the Public Statement.
  2. The identified Board Member, Standing Committee or Section will assist to research the issues. This will include consulting with applicable stakeholders to determine any existing Public Statements, resolutions, submissions, or policy on the issues raised.
  3. A draft Public Statement will be prepared by the relevant Board Member, Standing Committee Chair or Section Executive, with support from the Communications Committee Chair.

4.3 CBA National must be consulted during the development of any Public Statement 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 Prior to release, Public Statements must be:

  1. supported by an existing resolution of the Board;
  2. where there is no existing resolution, the Public Statement will be referred to the Board for approval; or
  3. when the subject matter is, in the opinion of the President, of sufficient importance and urgency that the Public Statement cannot await the direction of the Board, then such Public Statement may be approved by:
    1. any two of the President, Vice President and Treasurer; or
    2. failing that, by the President alone, and the Public Statement noted at the next meeting of the Board.

6. CONFLICTS OF INTEREST

6.1 Any Member preparing, commenting on, approving, or presenting a Public Statement 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 Public Statement, 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 Public Statement.

6.3 Occasionally, input will be solicited from Members in a CBA Nova Scotia forum or survey arranged for the purpose of informing a Public Statement. 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.