A conversation with Johanne Bray

CBA National: You've been CEO of the Canadian Bar Association for a little over a year now. What has surprised you most?

Johanne Bray: What surprised me the most is the broad reach the CBA, a 127-year old organization, both domestically and around the world. We're present across Canada. We’re present overseas. The CBA elevates, promotes and supports the rule of law in other parts of the world, such as East Africa. We are recognized at the federal level, from coast to coast, and internationally as a strong defender of the legal profession. 

What also struck me is how engaged our members are, notwithstanding the pandemic and post-pandemic environment. Look at our sections like the

Sexual Orientation and Gender Identity Community Section, immigration, and competition. I'm always amazed at how dynamic our volunteers are.  They include senior lawyers as well as students. This organization offers a lot more than professional development. The sections are the backbone of the CBA.  Remember the pro bono work we did for Ukrainian and Afghan individuals coming to Canada. Our members are busy professionals, yet they find the time to give back. This is inspirational to me. I'm also grateful that our stakeholders have remained faithful to the unifying values of the CBA: equality, access to justice and the rule of law. They stuck with us through the pandemic.

N: What are the opportunities, post-pandemic, for the CBA to stay relevant to its membership?

JB: One of our greatest challenges is the level of competition for services such as ours. We can't take anything for granted. We have to be strategic and deliberate about our value proposition. I want to make sure all of our offerings in terms of professional development are relevant to our members. And what's relevant these days is not the same as what was relevant 30 years ago. We have to speak more to members on mental health, on diversity and inclusion. In terms of networking, we have to prioritize opportunities for people to meet in person, striking the right balance between virtual and hybrid events. The other priority is to demonstrate CBA's continuing value.  We've been doing this for a long time. We've learned to adapt to changes in culture, technology, the economy, and government. 

N: The legal profession is increasingly diverse. How must the CBA go about addressing the needs of such an eclectic group of members? 

JB: Our eclecticism is what gives the CBA strength. It’s what makes us. It's what keeps the CBA from being stagnant – but we also have to do a lot better. One of our strategic goals for the next five years is to diversify our membership base. We need to be even more inclusive, to be more connected with racialized lawyers, Indigenous lawyers, and those who identify as part of the LGBTQ+ community. We recently released a study on wellness and mental health in the legal profession that we commissioned with the Federation of Law Societies and the University of Sherbrooke. The findings showed that individuals from underrepresented groups are much more impacted regarding their mental health. We're reviewing the study's recommendations with an emphasis on looking for ways to support our members. The firms are also looking for ways to adjust the tempo of their practice. They also know they need to be attentive to individuals' mental health. The CBA has to be at the centre of that effort in helping small and large firms, and other legal organizations, change. Young recruits are finding a voice, signalling to firms that things need to change.

N: How do you see the CBA positioning itself in terms of advocacy? Is this something we've been doing for years and will continue doing, or are there new approaches we need to look at?

JB: To be honest, I worry about the perceptions that CBA left the national stage for a while. Partly because of the pandemic, and partly because of other circumstances, we have allowed others to occupy the space in terms of advocacy and law reform. But I'm here to tell you that we are back. We're reaching a point again where we can exercise the national influence we used to have, especially with governments. We are being solicited for our views on legislation that is of concern to our members. We're being approached again, and so we have to stay ahead of the curve on those issues. Why? Because we do it best! We have to engage with the Law Commission of Canada, which is now being revived. I would also welcome the CBA to sit more at the federal, provincial, and territorial tables. But to do that, we must keep our ears to the ground, be more collaborative as an organization, and be more in tune with the government's thinking. We need to better anticipate wat they're bringing forward and more ready to respond as a trusted adviser. 

N: In your role at the CBA, you bring the benefit of insight into the workings of government, policymaking, and governance. What should our members know and understand about government to better influence policy? 

JB: Governments are always seized with a broad range of issues these days. There are challenges in every corner - inflation, labour shortages, climate change and more. They are confronted and working in every direction. At the CBA, we need to better understand that reality. We need to understand their pressures, and share our concerns, while offering solutions. Remember, lawyers are problem solvers by their very nature. We have to help identify and contribute useful solutions for government. And government is not just made up of lawyers. So we have to help them craft policies.  Show them where the risks are in whatever they're undertaking. Help them mitigate some of those risks. That's our role! We have to strive to keep our democratic institutions and the rule of law strong.

N: Where should the CBA position itself with respect to the different stakeholders in government and across the justice system in looking for solutions to improve access to justice? 

JB: The CBA has to be at federal, provincial, and territorial tables. We carry a wealth of knowledge about what the justice system has been through, where it's at, and where we need to go. The CBA needs to play more of a leadership role around the table. We have a lot to say about many of the current challenges – whether it's bail reform,  access-to-justice, human rights issues, that many parts of the country and the world are struggling with. I hope we can get a seat at those FPT tables. That's my goal – to continue to be the voice of the legal profession!