Law Times

Law Times • OcTOber 2, 2017 Page 3 www.lawtimesnews.com Convocation nixes 'Upper Canada' in LSUC BY ALEX ROBINSON Law Times S ome lawyers say chang- ing the name of the Law Society of Upper Can- ada is just a distraction from the real work that needs to be done in order to address bar- riers to access to justice. The law society's governing body, Convocation, voted to discard "Upper Canada" from the regulator's name at its Sep- tember meeting. Benchers will consider a new name in Novem- ber. Proponents of changing the law society's name say it was an important step in a strategy to improve access to justice. But some lawyers say the debate around the topic singles out a cosmetic issue and ultimately distracts from harder conversa- tions about how legal services are delivered. "The choice of such a hot- button issue, which will attract a great deal of attention but won't actually have I would think that much of an impact at the end of the day, risks being a distrac- tion from the more important and pressing access-to-justice challenges that we as Ontario lawyers ought to be concerned about," says Adam Goldenberg, a lawyer with McCarthy Té- trault LLP. Goldenberg says changing the name would not preclude other changes, but he does not think it will have a broad sweep- ing impact that some have sug- gested. He adds that this conver- sation will polarize the profes- sion while at the same time not "move the needle" dramatically. LSUC Treasurer Paul Scha- bas convened the law society's Strategic Communications Steering Group in February to look at how the law society can better connect with the public. Julian Falconer, chairman of the steering group, says a name change in and of itself will not be a huge game changer, but it is an important first step. "It is one piece of a larger strategy that we are studying and proposing to unfold over time in the short to mid term, not down the road. It's a piece, but it's an important piece," he says. "Names matter." Falconer declined to share other future parts of the com- munications strategy on which the steering group is working, saying they will have to come to Convocation. Goldenberg says initiatives such as buying advertisements on subway cars could go a long way to making the public aware of what the law society is. Through its research, the steering group found that only seven per cent of Ontarians are familiar with the Law Society of Upper Canada. The law society's name dates back to 1797 when Upper Can- ada was a province of a British colony. The law society held on to the name even when Upper Canada was no longer a political entity after 1841. The debate at the September meeting was not the first time Convocation was considering a name change. In 1993, Con- vocation rejected a motion to change the law society's name. In 2012, a motion at the LSUC annual general meeting asking Convocation to consider a name change was voted down. Proponents of the change have also said the "Upper Can- ada" label is confusing to Ontar- ians and that it does not define the geographic area it is respon- sible for anymore. They say changing the name would make it more consistent with those of law societies in other provinces and territories. The "Upper Canada" name has also been described as ar- chaic, colonial, outdated and a barrier to access to justice. Proponents also say that the name points back to a period of colonial history when unfair treaties were struck with indig- enous communities. Schabas has been vocal in his support of changing the law so- ciety's name. "We need to make changes to ref lect who we are today and not who we were 200 years ago," he told Convocation. Opponents of changing the name, however, say 200 years of history should not simply be cast aside and that the name should be celebrated and re- membered. Some opponents also note that the law society had no part in negotiating the unfair treaties that were hashed out between indigenous peoples and the government of the time. Others say changing the name would be a waste of time and money. The law society has set aside $150,000 in 2018 to implement the name change, as anything that has the old name on it, from signs to business cards, will need to be replaced. Some benchers opposed the motion as they felt the province would give the false impression that the province has made sig- nificant progress in its reconcil- iation with indigenous peoples. "The problem is not in the name but in inaction," said Bencher Rocco Galati. Convo- cation was originally set to vote on whether to adopt the Law Society of Ontario as its new name, but an amendment was made so that the motion would discard "Upper Canada" and delay a vote on a new name un- til November. Some questioned whether "Ontario" is any less colonial than "Upper Canada." Falconer says the profession should be careful not to over- politicize the issue, but he adds that it's also difficult to identify any part of the Canadian politi- cal structure without being able to point to f laws and deficiencies in how those structures have treated indigenous peoples. "The name Ontario is not without its baggage, but that hardly means we should stay mired in an over 200-year-old set of baggage because of that," he says. "You would in essence paralyze progress if you simply spent all of your time pointing to the minefields ahead and, there- fore, remain afraid to progress. We have to move forward." Bencher William McDow- ell proposed the amendment after saying that there was not enough data to know how the public would receive the new name or how it would enhance public comprehension of the law society. A number of benchers said that not enough consultation had been done about the name change, but Falconer said the steering group conducted re- search and consultations. Some called on Convocation to hold a referendum on a pos- sible name change, but that idea did not garner much support among benchers. Ultimately, Convocation ap- proved the amended motion to discard "Upper Canada" and to vote on a new name once the steering group gets more infor- mation on how the "Law Society of Ontario" would be received by the public. The Law Society of Upper Canada will continue to be the regulator's legal name until the provincial legislature amends the Law Society Act to make the change. LT NEWS Julian Falconer says a name change of the Law Society of Upper Canada in and of itself will not be a huge game changer, but it is an important first step in improving relationships with the public. Tim Boland Darcy Romaine Tel: 905-841-5717 www.bolandhowe.com THE PROOF IS IN THE PRECEDENTS Thornhill v Shadid, 2008 ONSC 3404 Silveira v. Regional Municipality of York, 2014 ONSC 65 Roycroft v Kyte, 1999 OJNO 296 (Sup Ct.) For further liability verdicts, ask for our Trial Report Card MUNICIPAL LIABILITY? Consider referring your client to us Untitled-2 1 2017-09-27 2:05 PM What Twitter had to say Sharmin @srahman24 Unnecessary. How about tackling real 21st cen- tury issues? A coherent policy on doc review would be great for us new lawyers @LawsocietyLSUC Paul Schabas @LSUCTreasurer "Out of touch, colonial, not inclusive, and preten - tious." Words shouldn't be a barrier to reaching the public. Charlotte Louise @carlottatweets New name for @LawsocietyLSUC in November! #reconciliation #cdnlaw Sandra Nishikawa @nishikawasandra A small but key step toward progress & change @LawsocietyLSUC. #LSUC Matthew Cressatti @MattCressatti Access to justice issues? Articling positions? Nope, let's worry about nomenclature @Lawsoci - etyLSUC Morgana Kellythorne @m_kellythorne Next step, a new name for @LawsocietyLSUC. Something that makes it clearer that they regulate the legal and paralegal professions, maybe? Sean Robichaud @SeanRobichaud Well, there you have it folks . . . Be sure to purchase your collectibles here: https://store.lsuc.on.ca/gifts

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