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This year’s proposed CBA resolutions

The post-pandemic functioning of our justice system, access to justice and reconciliation are reflected in the three resolutions that will be up for debate at this year’s CBA AGM.

Resolutions

Interested CBA members can visit the discussion boards for each resolution to weigh in on the issues ahead of the meeting. The discussion boards will remain open until Feb. 7.

Here is a rundown of the proposed resolutions:

22-01-A – Justice Systems Innovation and Modernization – This resolution from the Access to Justice Subcommittee, Legal Futures Subcommittee and Criminal Justice Section calls on the CBA to urge all dispute resolution bodies to permanently implement remote proceedings – especially for procedural, uncontested, shorter and less complex matters (while maintaining in-person attendance where appropriate) and establish robust practices to safeguard sensitive data in order to maintain confidence in the justice system. It would also have the CBA work with justice system partners to establish a working group to explore how to effectively triage matters that better lend themselves to remote proceedings and explore which areas of law are potentially suited for online dispute resolution (ODR) platforms. Also, they would consider the implications on access to justice for marginalized groups when implementing artificial intelligence and other emerging technologies. Finally, the resolution would see to it that the CBA urges all levels of government to make investments to ensure the timely and effective implementation of new measures and technologies to deliver justice remotely.

Have your say on the discussion board.

22-02-A – Regulatory Innovations to Improve Accessibility, Affordability and Quality of Civil Legal Services in Canada. This resolution from the Access to Justice Subcommittee calls on the CBA to consider innovative approaches to the access to justice crisis to help low- and middle-income Canadians who lack meaningful access to civil legal services. It also aims to permit regulatory innovations that have potential to improve accessibility, affordability and quality of civil legal services, while pushing for better data collection on their performance.

Have your say on the discussion board.

22-03-A – Call For Action: Indigenous Decarceration and Self-determination – The Committee on Imprisonment and Release and Aboriginal Law Section are proposing this resolution, which would call on the CBA to urge federal, territorial and provincial governments to negotiate an action plan with Indigenous groups within two years to provide well-resourced preventative community-based services, and alternatives to incarceration of Indigenous peoples, to significantly reducing incarceration rates.

Have your say on the discussion board.

The AGM will be held on Feb. 7. Please see the CBA website for more details about attending virtually.