National Section Meeting Report 2014/2015

  • July 03, 2015

Section

National Constitutional and Human Rights Law Section

Date

June 5, 2015

Location

Sheraton Ottawa

Submitted by

BC Branch Representative: Aleem S. Bharmal (Human Rights Law Section)

Report

EXECUTIVE IN-PERSON MEETING REPORT
JUNE 5, 2015

Meeting Chair: Art Grant (Vice-Chair) sitting in for Jamie Merrigan
Secretary: Cheryl L. Milne

Department of Justice Meeting (October 26 – Ottawa)

CBA Intervention Policy Review

  • Cheryl Milne reported on the recommendations that the committee made to the Board of CBA highlighting the issues that have arisen in recent consultations. A copy of the report will be distributed to the executive. Process for consideration of Section support for intervention applications Recommendation in the report that the consultation questions be more detailed will assist the Section in responding to requests.  We all should be paying more attention to constitutional and human rights cases as they move up through the court system so that we are better placed to recommend interventions in appropriate cases.
  • We need to establish a clear method of consulting with the executive to ensure that we have a full discussion and arrive at a reasoned position. Straw polls have a place, but the best forum is a conference call with all executive members. The issues considered by this Section cross many areas of practice and therefore, we should be alert to the cases that impact the Section. Polling of members is not precluded by our regulations, but it should be left to individual branch Chairs to consider whether they should poll their own members before arriving at a position on behalf of the branch if time permits.
  • Resolution: Be it resolved that as a matter of Section practice when a matter for a potential CBA intervention arises, the Section Chair or his/her designate shall notify the Section Executive of the date for the future Executive meeting at which the matter will be discussed. Section Executive Members shall advise the Section Chair in advance if they are in a position of conflict or will not otherwise participate. Section Executive Members who do not notify the Chair as to whether they are in a conflict or will not otherwise be participating will be deemed to be abstaining. The Section Executive meeting will then be held on the date set and the matter will be discussed to determine what decision the Section may take if any.
  • Jackson/Paradis – carried

Branch Section Reports

  • Pat Paradis for Alberta: Report on activities appended to the minutes.  Cases: awaiting the Caron decision respecting French language statutes; Beaudette v Alta Securities Commission – whether the Commission has the right to disseminate information internationally without derivative use immunity; Aitken – right to a jury trial; Centre for Constitutional Studies held a conference in March about Senate reform, Art Grant covered it in a blog post, uniform feeling is that there is a real need for reform of the House not just the Senate.
  • Aleem Bharmal for Human Rights, BC: report appended to the minutes. Cases: PR v MN & PN – recent case involving a temporary foreign worker; high number of unrepresented complainants, new clinic has been established but is funded at 1/6th the funding of the equivalent Ontario clinic.
  • Veronica Jackson for Constitutional, BC: Report on cases attached. Session on unwritten constitutional principles. Executive has been appointed with co-chairs from government and private bar, Lisa Glowacki and Vick Farley. Art Grant expanded on the BC Teachers Federation case mentioned in the report.
  • Michelle Black for Nova Scotia: Arman Chak gave a talk on the new restorative justice process for human rights complaints. Cases: recent decisions on costs against the Commission for
  • $10,000, Tessier v Nova Scotia Human Rights Commission, 2014 NSSC 189 and Lloyd MacLellan Construction Services Limited v. Halifax (Regional Municipality), 2015 NSSC 118; R v Leggette 2015 NSSC 112 – use of notes made by accused while in prison, whether unreasonable search or breach of privilege, decision quotes extensively from the notes (query whether this impacts any appeal).
  • Cheryl Milne for Ontario: Written report appended. Cheryl also mentioned the dinner program on freedom of religion on June 11th available by webinar.
  • Amélie Aubut for Quebec: 6 conferences held with the Administrative Law Section. Cases: she mentioned the SCC freedom of religion cases; awaiting a decision from the SCC on equality rights in Latif v Bombardier; also mentioned the case examining the constitutionality of sections of the Tax Act in relation to solicitor-client privilege of accounting records and lawyer’s accounts in which the CBA is intervening.
  • Greg Tardi for National Capital Region: In terms of Parliamentary law and privilege there is a cluster of 3 cases involving the NDP mass mailing and establishment of regional offices that will involve issues of jurisdiction of the Federal Court in this type of matter versus the Parliamentary Board of Internal Economy. There will be cases that come out of the general election in respect of election law (robocalls, advertising and campaign spending). Special issue of the Journal of Parliamentary and Political Law – The Informed Citizens’ Guide to Elections: Electioneering Based on the Rule of Law. In respect of the corporate development or existence of the Institute of Parliamentary and Political Law, Greg asked members to consider becoming members of the editorial board of the Journal.

Branch Section leadership

  • We have no branch participation from Saskatchewan, PEI, the Territories, Manitoba, Nfld & Labrador, and Southern Alberta (Calgary). It is unclear whether Manitoba has a functioning Section. Saskatchewan, the Territories and PEI have never had a Section. This is something we need to look into addressing next term.

Professional Development

  1. Fall 2015 webinar(s)
    • Cheryl Milne reported that Joseph Arvay has agreed to do the webinar on Bedford and Carter. We await the CBA’s decision on whether this will be approved.
  2. Spring 2016 conference
    • There was not a lot of interest in organizing a conference in 2016. There were suggestions for additional webinars or to do conferences in partnership with other Sections or combine substantive conferences for the CLC. Suggestions by Greg Tardi for webinar topics or a day-long conference: Rule of Law, Election 2015, Choice of Instruments in Governing, Information: Access vs Secrecy, Parliamentary Privilege, Constitutional Relations among the 3 branches. Cheryl Milne noted that the last topic was going to be the focus of the Asper Centre symposium in 2016. Art Grant suggested we consider doing a series of sessions on Parliamentary Law and package together. The executive agreed that this would be a good approach.
    • Committee: Greg Tardi, Michelle Black, Veronica Jackson, Art Grant, Pat Paradis and Amélie Aubut – a telephone conference will be held on June 24th 12:00 p.m. Eastern.

ABA Liaison

  • Art Grant has tried to contact the outgoing Chair of the ABA equivalent Section but has not been able to connect.  Art will follow up with the incoming Chair.

Communications (E-News)

  • We have been semi-successful in having material go out in the CBA E-news blast. We need to keep more up-to-date especially in the context of the intervention policy. We could link to articles about cases, etc. from other websites. Deadline for July edition is June 15th. Cheryl Milne will confirm permission to use the case commentary from the Ontario report. The expected launch of the new format is the end of summer or beginning of the fall.

Webinar

  • The webinar series would be a deliverable for members. We examined the list of members in each province. Manitoba has sufficient numbers to support a Section, but Saskatchewan does not. We should concentrate on promoting the Section in the prairies and the north for the 3 vacancies on the executive. The one new person is from BC. Veronica Jackson is willing to take on the initial recruitment from Manitoba and the North.

Section Budget 2014-2015

  • This has to be approved at the Board meeting in August. We have over $5000 in deferred revenue from previous conferences. 

Children’s Law Committee Liaison

  • Cheryl advised that a consultant, Suzanne Williams, has been hired to oversee the project funded by the Law for the Future fund to provide online materials to assist counsel in using the UN Convention on the Rights of the Child. The Committee has a very dedicated group of volunteers and is very active. Cheryl is willing to continue to serve as the Section representative on the Committee and there was consensus that she would do so.

Section Elections 

Chair: Art Grant
Vice Chair: Veronica Jackson
Treasurer: Cheryl Milne
Secretary: Patricia Paradis
Past Chair: Jamie Merrigan

  • Acclaimed Executive members (formally members at large): Greg Tardi and Heather Hettiarachchi
  • It was suggested that we seek an Executive member (formally member at large) from the Canadian Human Rights Commission. Greg Tardi also suggested that we approach a lawyer from the Privacy Commission.

General CBA Update 

  • Remind members that we rely on Branch Chairs to take information back to the members in their respective branches. Augusta reported on the Equal Justice and Futures reports. Her full report is appended to the minutes. Augusta also spoke about the Focus on Parliament bulletins that go out to members. Greg Tardi noted that there has been a trend of private members public bills being supported by government and that we should be prepared to respond where appropriate.  Augusta spoke of the plans for the new website including profiles of lawyers who are members of the CBA.
  • Eugene described how the Immigration Section was working with CBA Communications to develop pre-approved messages on several core immigration issues. Having similar pre-approved messages on constitutional and human rights issues at the ready would enable the CBA to respond more quickly to media requests.

Rethink CBA

  • Consultations are taking place across the country and members are encouraged to participate.

2015 CBA Legal Conference: August 14-16, Calgary  

National Sections Council Meeting: Wednesday, August 12

CBA Council Meeting: Thursday, August 13  

Section reports to Council are due June 12th. Art Grant will notify Jamie Merrigan. Fiscal year end is August 31st.

Orientation workshop and NSC meeting: Sunday, October 25, Ottawa