A New Direction for the

 

 Canadian Civil Liberties Association

 

INTRODUCTION

 

In 1995, an external consultant published a report titled Building a New Public Face for the Canadian Civil Liberties Association.  The report detailed several problems with the CCLA, including the organization’s marginal voice in public affairs, lack of input and oversight from the Board of Directors, and public perception that it was a one-man organization with no coherent principles.  Although it’s now over a decade since the report was published, many of the same problems persist.  A new direction is needed for the future of the Canadian Civil Liberties Association.

 

OUR STRENGTHS

 

CCLA has an excellent education program that visits hundreds of high school students across Ontario.  Our frequency of intervention in the Supreme Court is at or near the top of public interest groups in Canada, and some of the best lawyers in the country are eager to represent us.  We’ve also managed to avoid the financial instability and periodic lay-offs faced by many other nonprofit organizations in the past decade.

 

OUR PROBLEMS

 

Stagnant Membership  A CCLA affidavit filed in 1991 lists the organization as having 7,000 members.  A recent affidavit in R. v. A.M. (the drug dogs case) lists us as having 6,500 members.  Even if each sworn affidavit is only an estimate, CCLA membership has declined or remained stagnant in the last 15 years.

 

Limited Geographical Focus  For an organization that is nominally national in focus, we have no true affiliates.  We have no staff outside of Toronto, rarely become involved in non-Ontario provincial trial courts or provincial courts of appeal, and (to my knowledge) have never made a legislative submission to a provincial legislature other than Ontario’s.

 

Limited Topical Focus  CCLA rarely or never becomes involved in a host of pressing civil liberties issues, such as physical disability, mental health, gay and lesbian equality, corrections, and more.

 

·        CCLA has done little work on eliminating discrimination on the basis of sexual orientation.  Our only involvement in the entire same-sex marriage campaign, after furious internal staff lobbying, were writing two short letters and a last-minute intervention in the Supreme Court reference.  Other non-profit groups, such as EGALE, shouldered the entire burden of the case.

·        According to the organization’s list of litigation and legislative lobbying, it has never become involved in a case involving physical disability issues, despite recent legislative proposals to mandate access to government institutions.

·        Since 1990, the only action CCLA has taken in regards to mental health is a letter to a legislative committee in 2004 regarding mental health reviews.

·        Our last brief or litigation on a corrections issue was in 1977.

 

Poor Structure  Despite its dozens of Board members, only a bare handful show up at the twice-yearly Board meetings.  Board members (and regular members) have little influence on policy, and there is no written set of CCLA principles.  As the report notes, “there is also a very real concern that ‘there is no organization’—just Alan Borovoy and his interests, his point of view.”

 

WHAT NEEDS TO BE DONE

 

·        The Board should commission a new external report to examine CCLA’s public face and internal operations.

 

·        Board members should exercise increased oversight of the organization.

 

·        CCLA itself needs to become more transparent, democratic, and responsive to emerging civil liberties issues.

 

WHO I AM

 

My name is Jeremy Patrick.  I’m a law professor at the University of Detroit Mercy, teaching in the program’s J.D./LL.B. joint degree program.  I’ve published on civil liberties topics in newspapers such as the Globe and Mail and Calgary Herald, magazines such as Free Inquiry, and various American and Canadian law journals.  I’m a former law clerk for an ACLU affiliate and former Policy Analyst for CCLA.  I’m running for a Board position in the upcoming CCLA elections.  Please feel free to contact me at jhaeman@hotmail.com

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