By Ola Malik
As I write this column in what is our last print publication of Law Matters, I find myself reflecting on what has been this most extraordinary summer. The murder of George Floyd and the upswell of protests in favor of Black Lives Matter (and the ensuing counter-protests), the debate in the U.S. over confederate imagery and the ravages that the pandemic has wrought around the globe has forced me to re-examine how we live together in community with others.
For me, community implies togetherness — a sharing of life’s burdens and benefits, a sense that, whatever the challenges and stumbles, we’re all in it together. That together, we share in life’s joys and life’s miseries — and that all of us, to the extent that we’re able, do the heavy lifting. But if the idea of community implies a shared sense of identity, interest and values, then this summer has shown us, in brutalist perspective, how tenuous it is to speak of community at all.
Because so many have never shared in the benefits that community is supposed to confer. Because for so many, what community has come to mean is the realization that that they don’t matter, they’re not important, they’re not worth it. That community just isn’t for them.
And so that brings me to reflect on the work of the CBA. You might — if you were a newcomer to the CBA, or didn't quite know what we do — think that we were terrible at doing our job. You might think that the CBA, being the profession’s largest advocacy organization, is in the business of making lawyers richer — better looking — nicer smelling — of making lawyers feel more important than they already do. But the CBA does none of these things — it’s not who our members are — and it’s not what our members want.
The great irony about the CBA is that its members want something that’s quite outside of themselves — rather than our members helping themselves, it’s about members helping others realize their aspirations by calling out inequity and redressing harm — respecting difference and encouraging diversity — and recognizing that everyone shares in that most human of all aspirations, that of living a fulfilled and meaningful life.
Protecting the public interest by advocating for a system of justice that allows for timely, efficient and effective access to legal services and for a way of resolving conflict that produces just outcomes — this is what the CBA does. And it’s because of YOUR tireless work that the CBA has become the largest — and I dare say — the most important voice in this country, on legal advocacy and reform.
But the CBA isn’t in it alone. Because a CBA member that serves as Chair of the Insurance Law Section might also serve on the board of Calgary Legal Guidance, volunteer with Pro Bono Law Alberta, or assist women in distress. Our members might also be involved in proposing new legislation through the Alberta Law Reform Institute, speaking up for changes in how we deal with family conflict, or proposing new Rules to enhance access to justice by self-represented litigants.
We are all in this together. I am truly so proud of the ways in which we’ve been able to work together, exploring new approaches to solving old problems, while also facing tomorrow’s challenges. Together is how we’ll get it all done — and if that doesn’t work, or if we can’t get along, then we’ll just go to court and ask for costs.
As this is our final edition of Law Matters in its present form, I want to express my deep appreciation for all the work that our soon-to-be retiring editor, Joshua Sealy-Harrington, has put into making this magazine such a huge success. Joshua’s vision for the magazine was to create a welcoming and brave space for a broad range of diverse voices that we really hadn’t heard from and to tackle difficult issues that our community was talking about. Joshua, this magazine has been your labour of love. From all of us at the CBA, Thank You for all that you have done. We’ll miss you. Equally deserving of recognition is Jessica Robertshaw, our extraordinarily talented co-editor, who has worked with Joshua over the last year on our print version of Law Matters and who will guide Law Matters into its new digital home. Jessica, you bring an amazing energy and engagement to the work that you do, and I can’t wait to see what you accomplish over the next year.
As our CBA year draws to a close, I want to extend a special thank you to our outgoing Past President Frank Friesacher. During his time on the executive committee, Frank has overseen significant changes in Alberta — from a renewed focus on advocacy that began with the 2019 provincial election, to the retirement of our branch council and introduction of a new governance structure, and now the uncertainty we are all facing as a result of a global pandemic. Each of our presidents stand in the shadow of their predecessor and I count myself so lucky for having learned so much from someone whom I greatly admire and respect.
I would also like to recognize our amazing outgoing board members Brynne Harding, Kyle Kawanami and Sheizana Murji. As three members of our inaugural Board of Directors, they were instrumental in helping us shape our governance culture and direction for the future. While their tenure on the board may have come to an end, they are each leaders and will be back, I’m sure!
We are excited to welcome Indra Maharaj of MT>Align (TransAlta) and Connect Thermal Energy Solutions Inc. as our incoming branch secretary. Indra brings a diversity of experience practicing in several provinces and a variety of practice areas and is an active member of CBA Alberta Sections. Indra will be joining the 2020-21 executive committee alongside President David Hiebert, Vice President Bianca Kratt, Treasurer Amanda Lindberg, myself as Past President, and Executive Director Maureen Armitage.
We also have three new directors joining our board in September — Aldo Argento of Norton Rose Fulbright (Canada) LLP, Sarah Coderre of Taylor Janis LLP and Jillian Gamez of Weir Bowen LLP. They will be joined by returning directors Jassmine Girgis, Patrick Heinsen, Robert Harvie, Q.C., Michelle Karasinski and Adam Norget. Join us in welcoming (and welcoming back) our 2020-21 executive committee and board of directors!
I am proud of the work that CBA Alberta has done through the course of the pandemic to advocate for the legal profession and the administration of justice. Our leadership continues to engage with stakeholders on matters such as remote delivery of services. This spring, the CBA Alberta provided input on the Alberta Protocol for Remote Questioning, which was developed in cooperation several other organizations in our province. This resource was referenced in a recent decision from the Court of Queen's Bench of Alberta (Sandhu v Siri Guru Nanak Sikh Gurdwara of Alberta, 2020 ABQB 359) as a useful tool for litigants and counsel when considering setting up remote examinations. We also released the CBA “Returning to the Office: Considerations for Law Firms” guide, which helps law firms plan for the transition back to in-office operations. These resources and more can be found on our COVID-19 resource hub at www.cba-alberta.org/COVID19.
One of the impacts of the pandemic this spring was the cancellation of our first annual Leadership Forum, which was meant to take place in May. Our board and executive committee have been working to revive the Leadership Forum for our members, and I am pleased to announce that it will now take the form of a series of webinars taking place throughout October and November. We will be launching the Forum with a panel discussion led by our own Equality, Diversity & Inclusion Committee on diversity, inclusion and how we can all be anti-racist in the legal profession. We are also excited to welcome Professor Julie McFarlane, Bruce Preston, Jordan Furlong, Minister of Justice & Solicitor General Doug Schweitzer, and the chiefs of the Court of Appeal, Court of Queen's Bench and Provincial Court of Alberta to speak to us about the challenges and changes we face as a profession due to the pandemic, and how we as a profession ensure we are addressing issues of diversity as we move forward. This series is free for all CBA members, and more information will be available to you in September.
The end of the summer brings membership renewal season at the CBA. If you have not already done so, don't forget to renew your national membership for 2020-21. We recognize that some members may be experiencing challenges due to the pandemic, and the CBA has made it easier than ever to maintain your membership. Members can set up monthly pre-authorized payments, and special assistance programs are available for members on parental leave, on a leave of absence, or who are unemployed. For more information and to renew your membership, visit www.cba.org/Membership/Membership-Information/Payment-Options.
CBA Alberta Section registration is also now open for Alberta members. To give our members more choice in how they access their Section programming, and to respond to the challenges brought by the pandemic, we have made some changes to how we are delivering Sections this year. First, we are combining the full and webcast Section memberships. Full Section members can now choose whether to attend meetings in person (when we are able to resume meetings at our offices), or online. Members located outside of Calgary or Edmonton can now register as full members of their preferred Sections and continue take in all the programming online. We are also offering all members a one-time discount of $40 per Section, which will be automatically applied when you register. Visit www.cba-alberta.org/Sections/Section-Enrollment for more information on these changes and to register.
This is my last opportunity to send you personal greetings. I am deeply humbled that you have given me the gift of serving as your President. It has been an experience I will never forget. I thank you from the bottom of the heart for your generosity of spirit, open-heartedness, and good humour. I wish each of you and your families the very best of health and fortune. And I can’t wait to see you again soon.
Ola Malik is the President of the Canadian Bar Association - Alberta Branch. He is a lawyer in the Law and Legislative Service Department at the City of Calgary where he practices regulatory law, conducts Charter litigation and provices a broad range of in-house advice. Ola serves on the boards of various organizations including Calgary Legal Guidance and the Alberta Civil Liberties Research Association.