What’s up for debate at the CBA’s annual general meeting?

AI’s impact on the legal profession

Artificial intelligence is increasingly prevalent in Canadian legal practice, and its use engages lawyers’ fundamental duties of competence, confidentiality, solicitor-client privilege, independence of professional judgment, privacy and data security.

The improper use of AI creates risks, including unauthorized disclosure of client information, algorithmic bias, diminished lawyer oversight, and the potential for AI systems to facilitate the unauthorized practice of law, which may undermine public trust in the legal profession and impair the administration of justice.  

Legal professionals require practical guidance and training to use AI competently, ethically, and in a manner consistent with theirprofessional obligations. For that reason, the Privacy and Access Law Section is calling on the CBA to create a working group on AI in legal practice. This group would monitor and assess the technology’s impact on professional obligations, service delivery and access to justice, including risks related to the unauthorized practice of law.

It should engage stakeholders, including legal professionals, judges, legal regulators, and technology providers, to identify challenges and opportunities related to AI adoption, with particular attention to technological competence, solicitor-client privilege, the unauthorized practice of law and access to justice. 

The working group will develop practical resources, including best practices, competency frameworks and guidance, to help legal professionals integrate AI responsibly into their practice while ensuring compliance with ethical and professional responsibilities.

It should also advocate for clear, principled AI governance to support responsible, innovative use of the technology in the legal profession.

Have your say on the discussion board. 

Harmonizing fiduciary access to digital assets across Canada

Canadians increasingly hold significant digital assets, both tangible and intangible. These include personal electronic devices, online financial accounts, crypto assets, business records, and creative works, which are creating new challenges for fiduciaries administering estates, trusts, guardianships and powers of attorney.

In 2016, the Uniform Law Conference of Canada adopted the Uniform Access to Digital Assets by Fiduciaries Act (the Act), which affirms that fiduciaries' usual powers extend to digital assets. It also clarifies that these fiduciaries include personal representatives of estates, court-appointed guardians, attorneys acting under powers of attorney, and trustees.

Currently, the law across Canada is unclear and inconsistent regarding fiduciary access to digital assets, the obligations of custodians of digital assets to facilitate such access, and uncertainty for fiduciaries, service providers and affected families.

This fragmented legal landscape increases costs, delays estate administration, and may leave vulnerable people at risk when fiduciaries cannot access essential information or assets.

For that reason, the Wills, Estates & Trusts Section is calling on the CBA to endorse the objectives of the Uniform Access to Digital Assets by Fiduciaries Act and urge the remaining provinces and territories to enact comparable legislation to ensure clear, consistent and privacy-respecting access for fiduciaries.

Have your say on the discussion board. 

Rescind section 54 of bylaw no. 1

Section 54 of bylaw no. 1 permits late resolutions to be proposed and submitted from the floor of the annual general meeting. 

This can disadvantage members who are not present, limit informed debate and constrain members’ ability to assess the implications of proposals in advance.

The absence of advance notice and structured review also undermines principles of procedural fairness, transparency and good governance. This may result in decisions being made without adequate information, consultation or alignment with the CBA’s strategic objectives and compliance with its bylaws, regulations and policies.

The board of directors has a fiduciary duty to act in the best interests of the CBA. That includes ensuring governance processes are fair, predictable and accessible to all members.

Rescinding section 54 will strengthen the CBA’s governance framework by promoting consistency, accountability, and alignment with its mission, priorities, and long-term stewardship responsibilities, and by ensuring that resolutions are reviewed and adopted through the same good governance process.

It’s why the board of directors passed a motion last June directing that it be rescinded by resolution at the next AGM.

Have your say on the discussion board.