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Charte (anglais seulement)

Whereas:

  1. Crown Counsel employed by federal, provincial and territorial governments in Canada fulfill an essential role in the Canadian justice system;
  2. The many public duties and responsibilities performed by Crown Counsel make them a cornerstone of the justice system and sets them apart from other civil servants;
  3. Crown Counsel fulfill an essential role in the Canadian criminal justice system. As recognized by the Supreme Court of Canada, the role of Crown Attorneys is a matter of public duty which in civil life there can be none charged with greater personal responsibility. It is to be efficiently performed with an ingrained sense of dignity, recognizing the seriousness and justness of judicial proceedings;
  4. Crown Counsel also fulfill an essential role in the operation of federal, provincial and territorial governments in Canada by providing advice and representation to governments and government agencies in matters relating to civil litigation, regulatory matters, policy development, family law, legislative drafting and other areas, and by doing so ensure that governments act in accordance with the rule of law as necessary in a free and democratic society;
  5. The unique historical relationship of Crown Counsel to federal, provincial and territorial governments provides critical safeguards for the rule of law in a free and democratic society;
  6. It is in the interest of the justice system in Canada and it is in the interest of Crown Counsel throughout Canada for the Canadian Association of Crown Counsel to serve as an organization to represent the interests of Crown Counsel in Canada;

Therefore, the Member Organizations of the Canadian Association of Crown Counsel are establishing this Charter to set out the principles on which the CACC operates:

  • 1.0 Continuation of CACC

    • 1.1 The Canadian Association of Crown Counsel ("CACC") is continued in accordance with this Charter.
    • 1.2 This Charter supersedes and replaces the CACC Charter dated May 17, 2003.

  • 2.0 Member Associations

    • 2.1 Any Association representing Crown Counsel employed by the Government of Canada or by the Government of any province or territory shall be eligible to apply to join as a Member Organization of the CACC.
    • 2.2 The CACC may, at a General Meeting of the CACC, accept the application of any Association and in that event that Association becomes a Member Organization of the CACC.
    • 2.3 Any Member Organization may withdraw as a Member Organization by providing notice in writing to the Secretary of the CACC and upon that notice being provided, it will no longer be a Member Organization.
    • 2.4 The Member Organizations of CACC are listed in Schedule “A” to this Charter. Schedule “A” may be amended from time to time without amending this Charter to reflect changes in the Member Organizations of CACC.
    • 2.5 Each Member Organization may appoint representatives to participate at meetings of the CACC.
    • 2.6 Each Member Organization shall provide to the President and the Secretary of the CACC the names and addresses of the representatives appointed by the Member Organization.
    • 2.7 Each Member Organization may at any time change the representatives appointed by it and shall provide notice of the change to the President and Secretary of the CACC.

  • 3.0 Objects of Association

    The objects of the CACC are:

    • (a) to provide a national voice for Crown Counsel;
    • (b) to promote the CACC declaration of principles;
    • (c) to represent the interests of Member Organizations and Crown Counsel represented by Member Organizations;
    • (d) to contribute to understanding in issues involving Crown Counsel in the Canadian Criminal Justice System and, notably, in government's civil representation, advocacy, legal policy, regulatory and legislative advice;
    • (e) to address issues of Member Organizations in respect of conditions of employment and working conditions;
    • (f) to promote and encourage the professional development of Crown Counsel; and
    • (g) to do all things that are incidental or conducive to the attainment of the above objects.

  • 4.0 Officers of CACC

    • 4.1 The affairs of CACC shall be managed by an Executive Board consisting of the Officers of the CACC.
    • 4.2 The Officers of the CACC shall be as follows:
      • (a) President

        The President shall:

        • (i) preside at all meetings of the CACC;
        • (ii) be an ex officio member of all committees; and
        • (iii) perform such other duties as the CACC requires.
      • (b) Vice-President (Crown Prosecutors’ Organizations)

        The Vice-President shall:

        • (i) assist the President;
        • (ii) perform the duties of the President in his or her absence as the duties relate to Crown prosecutors Organizations; and
        • (iii) perform such other duties as the CACC requires.
      • (c) Vice-President (Government Lawyers’ and Notaries’ Organizations)

        The Vice-President shall:

        • (i) assist the President;
        • (ii) perform the duties of the President in his or her absence as the duties relate to Government lawyers and notaries not involved in crown prosecutions; and
        • (iii) perform such other duties as the CACC requires.
      • (d) Secretary

        The Secretary shall:

        • (i) have charge of the Minute Books of the CACC and of all other books and records incidental to the Office of Secretary;
        • (ii) keep a record of the proceedings at all meetings of the CACC;
        • (iii) ensure that notice of all meetings, and all other required notices, are sent out in accordance with this Charter; and
        • (iv) perform such other duties as the Association requires.
      • (e) Treasurer

        The Treasurer shall:

        • (i) have charge of all books and records pertaining to the financial business of the CACC;
        • (ii) have care and custody of the funds of the CACC, shall deposit these funds in the name of the CACC in a financial institution as the CACC may direct, and shall maintain such accounts as are necessary to properly carry out the financial business of the CACC;
        • (iii) keep an accurate record of all monies received and disbursed;
        • (iv) prepare annual financial reports for the CACC and other financial reports as required by the CACC; and
        • (v) perform such other duties as the CACC requires.
    • 4.3 Any former President of the CACC who is a member of a Member Organization shall be eligible to be an ex officio advisory, non-voting, member of the CACC Executive.

  • 5.0 Meetings of Officers

    • 5.1 The Officers may have meetings for the purpose of
      • (a) undertaking any activities on behalf of the CACC where authorized by the Member Representatives at a meeting of the CACC; and
      • (b) conducting business in circumstances where a full meeting of Membership Representatives is impractical.
    • 5.2 A majority of the Officers constitute a quorum for any meeting of the Executive Officers.
    • 5.3 The Officers may conduct meetings by telephone conference call where deemed appropriate.

  • 6.0 Meetings of Member Organizations

    • 6.1 The CACC shall hold two General Meetings of Member Organizations per year, one in the Spring and one in the Fall, as called by the President, and such other General Meetings as may be called by the President from time to time.
    • 6.2 Notices of the General Meetings shall be provided to Member Organizations at least fourteen (14) days before the General Meeting.
    • 6.3 Each Member Organization may cast one vote on any issue at a General Meeting at which a representative of the Member Organization is present. If a Member Organization is not represented in person by a representative, that Member Organization may appoint another member to act as proxy. The appointment shall be in writing, signed and dated, and shall be provided to the Secretary prior to or at the meeting.
    • 6.4 Where a matter is to be decided by a vote, a simple majority shall determine the matter (subject to section 11, relating to amendment of this Charter).
    • 6.5 Member Organizations may participate in a General Meeting by conference call, where agreed by a majority of those Member Organizations participating.
    • 6.6 Officers of the CACC may participate in any General Meeting, whether or not they are the representative of a Member Organization, but may not vote on any issue except as the representative of a Member Organization.
    • 6.7 All meetings shall be conducted in accordance with Robert's Rules of Order, as revised.

  • 7.0 Membership Fees

    • 7.1 Membership fees for Member Organizations shall be determined from time to time by the CACC at a meeting of the Member Representatives.
    • 7.2 The Executive of the CACC may waive membership fees or reduce membership fees for any Member Organization.

  • 8.0 Contracts and Payments

    All contracts and payments on behalf of the Association require

    • (a) approval at a General Meeting of the CACC; or
    • (b) where approval at a General Meeting is impractical, the approval of the Officers of the CACC at a meeting of Officers held pursuant to Section 5, to a maximum amount of $5000 for any one contract or payment.

  • 9.0 Fiscal Year

    The fiscal year of the Association shall terminate on the 31st day of December of each year.

  • 10. Election of Officers

    • 10.1 In order to be eligible to be elected as an Officer a person must:
      • (a) be a member of a Member Organization; and
      • (b) be endorsed by that person's Member Organization.
    • 10.2 Elections for each of the Officer positions in the CACC shall occur at the Spring General Meeting of the CACC. The term of office of members of the Executive Board shall be one (1) year from the General Meeting at which they are elected.
    • 10.3 Subject to subsection 10(4), if an Officer position becomes vacant, the position may be filled for the remainder of the term by a person eligible to be elected as an Officer under subsection 10(1) appointed by the other Officers of the CACC.
    • 10.4 If the office of President becomes vacant, that position will be filled by one of the Vice Presidents of the CACC appointed by the other Officers of the CACC.

  • 11. Amendments

    • 11.1 Subject to subsections 11(2) and (3), amendments to this Charter may be made at any General Meeting of the CACC upon the two-thirds majority vote of the Member Representatives.
    • 11.2 Notice of a proposed amendment to the Charter shall be given in writing to the Secretary at least twenty-one (21) days before the meeting at which the proposed amendment is to be voted upon.
    • 11.3 The Secretary shall provide notice of the proposed amendment to the members of the CACC at least seven (7) days prior to the meeting at which the proposed amendment is to be voted upon.

Effective Date

This Charter comes into effect on May 12, 2007.