We are here as professionals to help people. Did you help or are you just taking money? As shared with you by the Law Society of Canada. Law Society of Upper Canada(now Law Society of Ontario) Report: Executive Summary “Inclusion is not about bringing people into what already exists; it is making a new space, a better space for everyone.”3 This is the unanimous final report of the Challenges Faced by Racialized Licensees Working Group. The fifteen Benchers on the Working Group have reviewed the written submissions and other input of Benchers and many external stakeholders since the initial presentation of the report to Convocation on September 22, 2016. After discussion and some revisions, the Working Group now presents this Report, unanimous in its 13 recommendations and the rationale supporting them, for approval by Convocation on December 2, 2016. This Report represents the final stage of a lengthy consultative and study exercise which has led to the conclusion that racialized licensees4 face widespread barriers within the professions at all stages of their careers. {The case of Warren A. Lyon is an example who is deserving of an apology and to whom an apology is issued as he has never broken the rules. This is admitted.} As the title “Working Together for Change” bears out, the Challenges Faced by Racialized Licensees Working Group is confident that there is a unique opportunity for change, based on collaborative, concrete steps to implement solutions. That said, the challenges faced by racialized licensees are both longstanding and significant. In our view, the Law Society must take a leadership role in giving legal workplaces reasonable deadlines to implement steps that are important to bringing about lasting culture change. The Working Group has concluded that prescribing minimum standards of equality, diversity and inclusion are consistent with the human rights responsibilities of the profession — obligations already required by the Rules of Professional Conduct, the Paralegal Rules of Conduct and, more generally, the Human Rights Code. Reform in addressing barriers faced by racialized licensees is an essential component of ensuring a healthy and successful legal profession, and to advancement of the public interest — goals that we all share and must achieve. Click here for more.

As shared with you by the Law Society of Canada. Law Society of Upper Canada(now Law Society of Ontario) Report:

 Executive Summary

“Inclusion is not about bringing people into what already exists; it is making a new

space, a better space for everyone.”3

This is the unanimous final report of the Challenges Faced by Racialized Licensees Working Group.

The fifteen Benchers on the Working Group have reviewed the written submissions and other input of

Benchers and many external stakeholders since the initial presentation of the report to Convocation on

September 22, 2016. After discussion and some revisions, the Working Group now presents this

Report, unanimous in its 13 recommendations and the rationale supporting them, for approval by

Convocation on December 2, 2016.

This Report represents the final stage of a lengthy consultative and study exercise which has led to the

conclusion that racialized licensees4 face widespread barriers within the professions at all stages of

their careers. {The case of Warren A. Lyon is an example who is deserving of an apology and  to whom an apology is provided as he has never broken the rules. This is admitted.}  He is also to receive, along with others, compensation. The Law Society broke many of it's rules when addressing racialised and non-racialised members, forcing them to seek redress before an apparently open, honest and free Court. 

As the title “Working Together for Change” bears out, the Challenges Faced by Racialized Licensees Working Group is confident that there is a unique opportunity for change, based on collaborative, concrete steps to implement solutions. That said, the challenges faced by racialized licensees are both longstanding and significant. In our view, the Law Society must take a leadership role in giving legal workplaces reasonable deadlines to implement steps that are important to bringing about lasting culture change. The Working Group has concluded that prescribing minimum standards of equality, diversity and inclusion are consistent with the human rights responsibilities of the profession: 

— obligations already required by the Rules of Professional Conduct, the Paralegal Rules of Conduct

and, more generally, the Human Rights Code.

Reform in addressing barriers faced by racialized licensees is an essential component of ensuring a healthy and successful legal profession, and to advancement of the public interest — goals that we all share and must achieve.

Background

1. The Law Society of Upper Canada (The Law Society) has a duty to maintain and advance the cause of justice and the rule of law, to facilitate access to justice for the people of Ontario and to protect the public interest. Furthermore, the Law Society is committed to adhering to its obligations under the Human Rights Code. In fulfilling its mandate, the Law Society integrates equality and diversity values and principles into all of its policies, practices and programs. The

3 Dei, G.S.N. (2006). Meeting equity fair and square. Keynote address to the Leadership Conference of the

Elementary Teachers’ Federation of Ontario, held on September 28, 2006, in Mississauga, Ontario, quoted in

“Realizing the Promise of Diversity, Ontario’s Equity and Inclusive Education Strategy”, online: Queen’s Printer for

Ontario http://www.edu.gov.on.ca/eng/policyfunding/equity.pdf

4 The Ontario Human Rights Commission notes that using the terminology “racialized person” or “racialized

group” is more accurate than “racial minority”, “visible minority”, “person of colour” or “non-White”. Race is the

socially constructed differences among people based on characteristics such as accent or manner of speech,

name, clothing, diet, beliefs and practices, leisure preferences, places of origin and so forth. Racialization is the

“process by which societies construct races as real, different and unequal in ways that matter to economic,

political and social life”. See Ontario Human Rights Commission, Racial discrimination, race and racism, online:

Ontario Human Rights Commission http://www.ohrc.on.ca/en/racial-discrimination-race-andracism

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Law Society works to ensure that the law and the practice of law are reflective of all the people

of Ontario, including Indigenous peoples, Francophones and equality-seeking communities. The

Law Society also seeks to ensure that its workplace and the legal professions are free of

harassment and discrimination.

In 2012, the Law Society created the Challenges Faced by Racialized Licensees Working Group (“the

Working Group”) to:

a. identify challenges faced by racialized licensees in different practice environments, including

entry into practice and advancement;

b. identify factors and practice-challenges faced by racialized licensees that could increase the risk

of regulatory complaints and discipline;

c. consider best practices for preventative, remedial and/or support strategies;

d. if appropriate, design and develop preventative, remedial, enforcement, regulatory and/or

support strategies, for consideration by the Equity and Aboriginal Issues Committee (“EAIC”)

and other committees, to address these challenges.

The Working Group’s Approach

Since 2012, the Working Group has been actively engaged in gathering information about the

challenges faced by racialized licensees and developing recommendations to address these

challenges.

In order to fulfil its mandate, the Working Group gathered information about the challenges faced by

racialized licensees using consultant and community engagement processes.5 Further information

about this part of the Working Group’s activities can be found at: http://www.lsuc.on.ca/racializedlicensees/.

The Working Group reviewed all of the information gathered through the engagement process and

drafted a consultation paper titled Developing Strategies for Change: Addressing Challenges Faced by

Racialized Licensees.6

Convocation approved the consultation paper in November 2014, and the Working Group consulted

with over 1,000 racialized and non-racialized lawyers, paralegals, law students, articling students and

members of the public throughout the province of Ontario between January and March 2015. The

Working Group met with organizational stakeholders and members of the Law Firms Diversity and

Inclusion Network. The Working Group also received feedback from 45 individuals and organizations in

the form of written submissions.7

5 Referred to as “the engagement process”.

6 Available at: http://www.lsuc.on.ca/racialized-licensees/.

7 Written submissions for which the Law Society received consent to post publicly are available online at

http://www.lsuc.on.ca/racialized-licensees/.

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Engagement Process Results

The qualitative and quantitative data the Working Group obtained from the engagement process

identified widespread barriers experienced by racialized licensees within the legal professions at all

stages of their careers. Examples of challenges faced in the legal professions include discrimination

and stereotyping, negotiating concepts of “culture” and “fit”, and lack of mentors, networks and role

models. Participants also noted that race-based barriers are often complicated by additional

intersecting experiences of discrimination based on gender identity, gender expression, disability,

sexual orientation, class and creed.

Some participants in the engagement process believed that racialized licensees were more likely to go

into sole practice as a result of barriers faced in other practice environments. They also noted that

internationally trained lawyers and paralegals face additional barriers in the professions. Generally,

participants noted the vulnerability of racialized licensees in the legal professions in the context of

professional regulation and discipline.

Consultation Process Results

The information gathered from the consultation process is summarized as follows:

 Consultation participants expressed significant support for the creation of diversity programs for

the recruitment, retention and advancement of racialized licensees in legal workplaces.

 The Working Group heard a broad range of views on the issue of demographic data collection.

However, most participants agreed that the collection of data would be, as one participant

noted, “a humble but important first step”.

 The Working Group heard that the Law Society could play a facilitative role by encouraging

corporate procurement policies that consider suppliers that promote equality and diversity.

 The majority of participants in the consultation process emphasized the importance of mentoring

for racialized licensees. Generally, the Working Group heard that there is no “one size fits all”

model for mentoring.

 Many participants stated that associations of racialized lawyers and paralegals are beneficial for

fostering collaboration and creating a sense of belonging.

 A large number of participants were in favour of the Law Society requiring licensees to

participate in mandatory Continuing Professional Development (CPD) training on cultural

competence, unconscious bias, and anti-racism.

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 Participants suggested updating the Rules of Professional Conduct8 and the Paralegal Rules of

Conduct9 to specifically address systemic discrimination and subtle forms of discrimination.

Objectives

The Working Group has distilled the themes in the consultation into the following three objectives:

1. Inclusive legal workplaces in Ontario;10

2. Reduction of barriers created by racism, unconscious bias and discrimination; and

3. Better representation of racialized licensees, in proportion to the representation in the Ontario

population, in the professions, in all legal workplaces and at all levels of seniority.

The Working Group makes 13 recommendations in order to meet these objectives. They fall within four

interrelated categories: accelerating culture shift, measuring progress, educating for change and

implementing supports. The final recommendation speaks to the operations of the Law Society.

Recommendations

Recommendation 1 – Reinforcing Professional Obligations

The Law Society will review and amend, where appropriate, the Rules of Professional Conduct,

the Paralegal Rules of Conduct, and Commentaries to reinforce the professional obligations of

all licensees to recognize, acknowledge and promote principles of equality, diversity and

inclusion consistent with the requirements under human rights legislation and the special

responsibilities of licensees in the legal and paralegal professions.

Recommendation 2 – Diversity and Inclusion Project

The Law Society will work with stakeholders, such as interested legal workplaces, legal

associations, law schools and paralegal colleges to develop model policies and resources to

address the challenges faced by racialized licensees.

Recommendation 3 – The Adoption of Equality, Diversity and Inclusion Principles and Practices

The Law Society will:

5) require every licensee to adopt and to abide by a statement of principles acknowledging

their obligation to promote equality, diversity and inclusion generally, and in their behaviour

towards colleagues, employees, clients and the public;

8 Rules of Professional Conduct, The Law Society of Upper Canada available online at

http://www.lsuc.on.ca/WorkArea/DownloadAsset.aspx?id=2147486159

9 Paralegal Rules of Conduct The Law Society of Upper Canada available on-line at

http://www.lsuc.on.ca/paralegal-conduct-rules/