Become a Member
Logo for Canadian Bar Association, Saskatchewan Branch.
search
menu

Branch Policy Manual

Submissions Policy

Purpose

The purpose of this Submissions Policy is to:

  1. establish a process for Submissions pursuant to Bylaw 22;
  2. maximize the value of CBA-SK’s professional and public interest advocacy as a member service;
  3. execute advocacy by CBA-SK and its constituent groups in a manner that is accountable to Members and maintains the credibility of CBA-SK;
  4. ensure that all CBA-SK advocacy reflects a balanced perspective and is consistent within CBA-SK and across CBA National.

Definition of a Submission

A "Submission” is an expression of policy, analysis, recommendation, response, endorsement, or position communicated by CBA-SK or any of its constituent groups to the government, courts, regulators, other organizations, or individuals in relation to matters within the mission, vision, principles, and goals of CBA-SK. Submissions do not include Public Statements to which the CBA-SK Public Statement Policy applies.

Submissions on behalf of CBA-SK may take the following forms:

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

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.

Setting Priorities

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-SK or its constituent group(s);
  3. of importance to the legal profession in Saskatchewan;
  4. of direct relevance to lawyers in Saskatchewan in their practice area; and
  5. relating to the core principles of the legal profession in Saskatchewan.

Development and Consultation Process

CBA-SK effectiveness in law reform is based equally on its reputation for objectivity and independence, its professional expertise, and its provincial voice. Participation in CBA-SK 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-SK.

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

In identifying whether to pursue a Submission, the Executive Director and Legislation and Law Reform Director will make a preliminary assessment considering:

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

If a preliminary decision is made to prepare a Submission, the Legislation and Law Reform Director and Executive Director will proceed and, if necessary, bring the Submission to the Board to 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.

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.

Required Approvals

The approval requirements for Submissions are described in Bylaw 22. The Board has established the following complementary process.

  1. Speaking on behalf of CBA-SK or its constituent group(s) carries a responsibility to Members. The approval process ensures that Submissions are consistent with applicable policies, and that CBA-SK speaks with one voice. This ensures CBA-SK’s credibility and ability to influence change, as well as accountability to Members.
  2. The Legislation & Law Reform Director may approve Submissions based on existing CBA-SK policies or resolutions.
  3. Where a CBA-SK submission is outside the parameters of existing CBA-SK policies or resolutions, the Legislation and Law Reform Director will refer the Submission to the Board with a recommendation on whether the Board should approve the Submission as CBA-SK policy or make the Submission the subject of a resolution at a Member’s meeting.
  4. When determining whether to approve the Submission, the Board will consider whether the Submission:
    1. is within the objects of CBA-SK;
    2. accurately reflects the law;
    3. is consistent, or compatible, with existing CBA-SK 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.

Conflicts of Interest

  1. Any Member preparing, commenting on, approving, or presenting a Submission on behalf of CBA-SK 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.
  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.
  3. Occasionally, input will be solicited from Members in a CBA-SK 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.