Law Times

LAW TIMES 20 COVERING ONTARIO'S LEGAL SCENE | APRIL 1, 2019 www.lawtimesnews.com BY JULIUS MELNITZER For Law Times T he Law Society of Ontario's state- ment of principles could be the bat- tleground on which this benchers' election will be fought. Some say the LSO's requirement that licensees "create and abide by an individ- ual Statement of principles that acknowl- edges [a lawyer's] obligation to promote equality diversity and inclusion generally and in [a lawyer's] behaviour towards col- leges, employees, clients and the public" is a legitimate social justice initiative. Oth- ers say the requirement amounts to an intrusion on freedom of speech. Convocation approved the SOP in De- cember 2016. Pro-SOP candidates say the statement is an appropriate response to challenges facing racialized licensees, as outlined in an LSO report. Anti-SOP candidates dis- agree. Jared Brown, lead counsel at Brown Litigation in Toronto, says the LSO must "get away from the mandated and com- pelled values test that is the statement of principles." Both sides are marshalling forces on their respective websites. Corey Shefman, an associate at Olthuis Kleer Townshend LLP in Toronto, is be- hind statementofprinciples.ca. He is care- ful to point out that the site is intended as a resource to identify candidates who support the SOP, not a showcase for a bloc or slate of candidates. "I created statementofprinciples.ca as a service to Ontario lawyers who wanted to be sure that the candidates they're voting for support EDI and the SOP," he says. "The candidates didn't ask to be on the site — it's just about making voting easier by giving people a place to find the infor- mation they're looking for." To date, 43 lawyers and one paralegal are listed on the site. "We've had tons of great feedback," Shefman says. "Most importantly, a number of peo- ple have commented to me that they were planning on not voting this year because there were too many issues and not very good communication about the issues, but they found the site helpful and so they will be voting." Indeed, that's the reason Shefman says he set the site up in the first place. "We can't be complacent in the face of bigotry," he says. The anti-SOP movement also has a website, stopsop.ca. "We have 23 candidates on our slate in- cluding one paralegal," says Bruce Pardy of Kingston, Ont., the law professor at Queen's University who is the group's me- dia relations representative. "We may consider endorsing other candidates who are aligned on the SOP question." The site features an open letter to the LSO from one of the profession's icons, Earl Cherniak of Lerners LLP, who makes no bones about his views. "I am therefore advising you, to be clear, that I will not 'sign the paper,' not now, not ever," he writes. Pardy says stop-SOP is gaining mo- mentum. "Our list of public supporters is grow- ing as people find their courage to stand up to the regulator, and a lot of people have been writing to us to express relief and gratitude that we are doing this," Pardy says. There has been a strong response, says Pardy. "We are also receiving some vitriolic hate mail and accusations online that we are racist bigots," Pardy says. Both Shefman and Pardy are con- cerned that voter passivity could under- mine the importance of the issue. "Unfortunately, I suspect that a lot of people are sick and tired of the SOP dis- cussion," Shefman says. "That leaves only the most highly mo- tivated folks, which tend to be people who oppose things." But people who support the statement of principles are doing something about it. "I, along with a number of other dedi- cated Convocation watchers and candi- dates, are committed to supporting voter turnout," he says. "I think the people who are most im- pacted by the EDI and Racialized Licens- ees Working Group will be very motivat- ed to vote. At least I hope so." Pardy is of similar mind in his concern about voter turnout. "It's hard to say how much of a motiva- tor the SOP will be," he says. "Many law- yers often ignore bencher elections, but [they] may be paying closer attention this time. We hope they are." Both sides are of the view that the SOP can be rescinded. "That's why this election is so impor- tant," Shefman says. "We must elect benchers who will govern in the public interest by ensuring that the profession is open and acces- sible." And Pardy leaves no doubt that, if elected, the anti-SOPs will be seeking the SOP's demise. "We would expect that a motion would be put forward at Convocation to carve out the SOP from the other recom- mendations and rescind this directive," he says. LT Both sides marshalling forces on websites Will statement of principles drive turnout? BENCHER ELECTION Bruce Pardy says it's 'hard to say how much of a motivator' the statement of principles will be when it comes to voter turnout in the bencher election. Corey Shefman says he created a site as a resource to identify candidates who support the statement of principles. "I am therefore advising you, to be clear, that I will not 'sign the paper,' not now, not ever." Earl Cherniak An experienced, respected, common sense leader for a balanced convocation. See who supports and endorses Sid at: sidforbencher.com Re-elect Sidney Troister Untitled-9 1 2019-03-27 12:42 PM KENNETH ALEXANDER ELECT www.kenalexander.ca BENCHER CANDIDATE 2019 FINANCIAL ACCOUNTABILITY Financial Accountability to members is of paramount importance. This includes holding the line on membership fees and ensuring that the LSO budget EDODQFHV1R'H¿FLWV DIVERSITY IN THE PROFESSION ,KDYHDFOHDU¿UVWKDQGXQGHUVWDQGLQJRIWKHUHTXLUHPHQWIRUGLYHUVLW\LQWKH profession, and the need to work to break down barriers that may exist for entry to the profession. My family is from Trinidad and my ethnic origin includes Lebanese and Syrian ancestry. The LSO needs to foster efforts to remove barriers and encourage diversity in the profession. Mandatory SOP will not accomplish this. DISCIPLINE PROCESS 7KH/62PXVWEHYLJLODQWLQSURVHFXWLQJODZ\HUVIRUVLJQL¿FDQWRIIHQFHV However, they must strike a balance between protecting the public interest and proportionality in disciplinary measures. THE NUTS AND BOLTS ,DPDFDQGLGDWHIRU7RURQWRSUDFWLFLQJLQDVPDOO¿UPZLWKDQRXWORRNRIDSHUVRQ who grew up in Windsor. Over 25 years I have obtained skills of problem solving, respectfulness and pragmatism. I will bring these skills to the role as bencher. • Windsor LLB 1992 • Member of University of Windsor Alumni Board of Directors. • Clark Award for Outstanding Volunteer Service to Alumni • Co-Author Written Contract of Employment • Former Adjunct Prof Western Untitled-7 1 2019-03-27 12:29 PM

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