Canadian Defence Lawyers Public Policy Secretariat - A Civil Society Institution Making an Impact
Guest Columnist - Karim N. Hirani
Canadian Defence Lawyers Public Policy Secretariat (“PPS”) is a Standing Committee of CDL that is responsible for supporting Interventions and Government and Regulatory Submissions on behalf of the Civil Defence Bar. While CDL was established in 1995, the Interventions Committee was formed in 2007. From there, it grew into today’s PPS, which is comprised of the above two subcommittees, which work together.
In determining whether to intervene on a matter, the PPS considers many facts – not only the legal test for leave. While this results in a limited number of interventions, the positive impact of those interventions on CDL’s reputation and growth is indisputable. There was a time not too long ago when CDL intervened and had to answer the question, “who is CDL?” Since then, and in a short period of time, we see from Kolopully v. Myles, 2024 ONCA 350, CDL is known.
The work of the PPS in the area of interventions has had a positive impact on CDL’s reputation and, thus, has resulted in CDL receiving an increased number of invitations to make submissions on various Government and Regulatory matters. In the last 2 ½ years alone, CDL has been involved in no less that 13 matters. The PPS has consulted and determined whether to get involved in Government and Regulatory matters in British Columbia and Alberta, specifically. In Ontario, it has made submissions on a number of matters, such as: the Proposed SABS Guideline Review – FSRA; the Civil List Reform (Toronto); the Partial Settlement Subcommittee of the Civil Rules Committee; and the LSO Governance and Electoral Reform. Such invitations and participation of the PPS illustrates the interconnectedness between the Interventions and Government Subcommittees, and the positive impact of the PPS on CDL’s reputation and growth.
The strength of CDL is also illustrated from its conduct when it has been wrongly overlooked. CDL has shown that, it will not sit idly by while society, the profession and its members are impacted. This is apparent most recently from the Civil Rules Review Project (Ontario) where CDL took the initiative to invite itself to the table and, although the request was denied, CDL crashed the party. It was permitted to make submissions and did so. And where the procedure resulting in the Phase 2 Report was a concern, CDL maintained its integrity to address the unfairness. CDL is, as its members know, responding to the Phase 2 Report and the PPS is working very hard in this regard.
The PPS makes submissions based on reliable information and knowledge. It does not simply make bald statements that are unsupportable. The PPS ensures that its submissions are supported by data and are reflective of the views of its members who respond to surveys. It focuses on being on the right side of history and it ensures that its submissions are the voice of the Civil Defence Bar.
The PPS is merit-based. It is comprised of some 25 to 30 lawyers across Canada and, while CDL is of national scope, it has recently increased its international connections which significantly adds to its knowledge and the information available to it. It is a naturally diverse composition of people. It is an example that diversity is strength. Its growth and success exemplify that, meritocracy (on the one hand) and diversity, inclusion and equity (on the other), are not mutually exclusive. Rather, that meritocracy (properly understood) includes diversity, equity and inclusion, and meritocracy leads to success.
I believe that a strong civil society is a constructive force. I read in a speech where civil society was defined as “… an array of institutions that operate on a private, voluntary basis, but are motivated by high public purpose.” In that same speech, it was stated that, “… [a] quality civil society has three critical underpinnings: a commitment to pluralism, an open door to meritocracy, and a full embrace of … a cosmopolitan ethic.” Civil society includes, amongst other things, professional societies. There is no doubt in my mind that a thriving civil society is required so as to make a positive impact on society at large.
The PPS, as a Standing Committee of CDL, is in-itself, a civil society institution. When I think about the factors that underpin a “quality civil society,” it is my view that the PPS has developed in a manner consistent with these underpinnings, which is evident in its increased work, its reputation of credibility and integrity and its impact.
The work of the PPS has significant impact on society and the profession and, thus, its membership. The individuals behind the PPS bring reliable information, knowledge and experience to the table. CDL has developed stronger global connections from which the PPS benefits. In my view, the PPS is developing into a thinktank and, I believe, that if it continues to strengthen the three factors that underpin a quality civil society, it will contribute to CDL having, not just a national, but a global impact over the next 30 years! Today’s young lawyers have a strong foundation on which to build and a wonderful opportunity to make an impact through the PPS and CDL.
The opinions expressed in this letter/article/report are those of the author(s) and should not be taken as legal advice. Any errors, omissions or inaccuracies are the responsibility of the author(s). Content in Hearsay is edited for spelling, grammar and basic punctuation only.
In determining whether to intervene on a matter, the PPS considers many facts – not only the legal test for leave. While this results in a limited number of interventions, the positive impact of those interventions on CDL’s reputation and growth is indisputable. There was a time not too long ago when CDL intervened and had to answer the question, “who is CDL?” Since then, and in a short period of time, we see from Kolopully v. Myles, 2024 ONCA 350, CDL is known.
The work of the PPS in the area of interventions has had a positive impact on CDL’s reputation and, thus, has resulted in CDL receiving an increased number of invitations to make submissions on various Government and Regulatory matters. In the last 2 ½ years alone, CDL has been involved in no less that 13 matters. The PPS has consulted and determined whether to get involved in Government and Regulatory matters in British Columbia and Alberta, specifically. In Ontario, it has made submissions on a number of matters, such as: the Proposed SABS Guideline Review – FSRA; the Civil List Reform (Toronto); the Partial Settlement Subcommittee of the Civil Rules Committee; and the LSO Governance and Electoral Reform. Such invitations and participation of the PPS illustrates the interconnectedness between the Interventions and Government Subcommittees, and the positive impact of the PPS on CDL’s reputation and growth.
The strength of CDL is also illustrated from its conduct when it has been wrongly overlooked. CDL has shown that, it will not sit idly by while society, the profession and its members are impacted. This is apparent most recently from the Civil Rules Review Project (Ontario) where CDL took the initiative to invite itself to the table and, although the request was denied, CDL crashed the party. It was permitted to make submissions and did so. And where the procedure resulting in the Phase 2 Report was a concern, CDL maintained its integrity to address the unfairness. CDL is, as its members know, responding to the Phase 2 Report and the PPS is working very hard in this regard.
The PPS makes submissions based on reliable information and knowledge. It does not simply make bald statements that are unsupportable. The PPS ensures that its submissions are supported by data and are reflective of the views of its members who respond to surveys. It focuses on being on the right side of history and it ensures that its submissions are the voice of the Civil Defence Bar.
The PPS is merit-based. It is comprised of some 25 to 30 lawyers across Canada and, while CDL is of national scope, it has recently increased its international connections which significantly adds to its knowledge and the information available to it. It is a naturally diverse composition of people. It is an example that diversity is strength. Its growth and success exemplify that, meritocracy (on the one hand) and diversity, inclusion and equity (on the other), are not mutually exclusive. Rather, that meritocracy (properly understood) includes diversity, equity and inclusion, and meritocracy leads to success.
I believe that a strong civil society is a constructive force. I read in a speech where civil society was defined as “… an array of institutions that operate on a private, voluntary basis, but are motivated by high public purpose.” In that same speech, it was stated that, “… [a] quality civil society has three critical underpinnings: a commitment to pluralism, an open door to meritocracy, and a full embrace of … a cosmopolitan ethic.” Civil society includes, amongst other things, professional societies. There is no doubt in my mind that a thriving civil society is required so as to make a positive impact on society at large.
The PPS, as a Standing Committee of CDL, is in-itself, a civil society institution. When I think about the factors that underpin a “quality civil society,” it is my view that the PPS has developed in a manner consistent with these underpinnings, which is evident in its increased work, its reputation of credibility and integrity and its impact.
The work of the PPS has significant impact on society and the profession and, thus, its membership. The individuals behind the PPS bring reliable information, knowledge and experience to the table. CDL has developed stronger global connections from which the PPS benefits. In my view, the PPS is developing into a thinktank and, I believe, that if it continues to strengthen the three factors that underpin a quality civil society, it will contribute to CDL having, not just a national, but a global impact over the next 30 years! Today’s young lawyers have a strong foundation on which to build and a wonderful opportunity to make an impact through the PPS and CDL.
The opinions expressed in this letter/article/report are those of the author(s) and should not be taken as legal advice. Any errors, omissions or inaccuracies are the responsibility of the author(s). Content in Hearsay is edited for spelling, grammar and basic punctuation only.