Legal Assistance for Canadian Affiliates
Executive Board Policy adopted in January 1998 and revised in May 2004.
The process for legal assistance shall originate with the respective IAFF Canadian District Vice President. The written request shall contain full details of the fact situation to be forwarded to the Assistant to the General President for Canadian Operations. The Canadian District Vice President and Assistant to the General President will review the request to make a recommendation to the General President whether such a request falls within the criteria of the provision of legal services. Again, this consultation must take place as there is a limited pool of funds for the provision of these services, as stipulated in Resolution 48 [adopted at the 1996 IAFF Convention] and fairness and appropriateness shall dictate in each scenario.
Those issues of national importance or relevance to the Canadian affiliates may originate with the Canadian office. Examples of those situations, which would warrant assistance, include:
- an issue which would have an effect on Canadian affiliates with or on a provincial or national basis;
- an affiliate wanting a second opinion on whether their own legal counsel’s course of action is appropriate or warranted;an affiliate planning a substantive and prolonged legal action against their employer;
- a serious breakdown in collective bargaining which would require specialized legal expertise.
The above clearly indicates that the provision of legal assistance is not intended to apply every time an affiliate is involved in legal action but is for those unique and unusual situations where an opportunity to have a new or second look at a fact situation would yield beneficial results. The list is not meant to be exhaustive but should act as a guideline or benchmark for those situations, which would qualify for legal assistance.
After an affiliate has received confirmation from the Canadian office that their particular fact situation qualifies for assistance, the affiliate president or his/her designee will communicate with the IAFF retained law firm to provide full particulars of the scenario and answer any questions from the law firm. The written response from the law firm will be sent to the Canadian District Vice President with a copy sent to the General President, the Assistant to the General President for Canadian Operations and the individual affiliate.