Law Times

Page 6 January 27, 2014 • Law Times COMMENT u Editorial obitEr By Glenn Kauth Good start on board diversity T he Ontario Securities Commission is giving companies a bit more than a gentle nudge when it comes to increasing the presence of women on their boards. Earlier this month, the OSC unveiled a number of proposals aimed at addressing the gender gap. They include of number of things issuers would have to disclose in their proxy circulars: Director term limits or an explanation for their absence; the number and proportion of women on their boards and in executive positions; policies on the representation of women on their boards or an explanation for their absence; actions taken and the progress made on any policies; the consideration of women in the director identification and selection process or an explanation for the lack of such an approach; and targets voluntarily adopted on female representation or, if there are none, an explanation for their absence. The proposals, of course, fall short of mandatory quotas for women on boards and in executive ranks. While some countries have tried that approach given that it's certainly a more effective way of delivering quick results, quotas have long been controversial in Canada. So the OSC was right to take a gentler approach that effectively tells companies to find ways to seek more women for their boards or explain why they fall short. Doing so will encourage greater transparency and accountability and should deliver results. The proposals represent a compromise between the schools of thought that argue quotas are the only way to make real change happen and those who insist on looking only at merit. Voluntary targets and forcing companies to examine their policies and processes isn't about setting merit aside, of course. Rather, the approach makes companies work harder, expand their criteria, and search more widely for qualified candidates given the systemic barriers to getting more women on boards. Lots of women have the qualifications boards need, but they may not know who they are or have looked for them very hard. Statistics, of course, show Ontario companies continue to lag on female representation on their boards, so the OSC and the Ontario government are right to be moving on the issue. Little will happen without a push and while it's unclear how quickly the proposals would deliver results, they're certainly a good start. — Glenn Kauth 'Crucial time' for Crowns as government tightens its belt I t could be quite a year for federal government lawyers. Their labour contract is up for renewal and they'll be going head-to-head with the federal Treasury Board and its president, Tony Clement, a man who doesn't have a reputation as the sweetest guy in the world. There are more than 2,700 federal government lawyers. They practice every kind of law imaginable for the government: litigation, criminal prosecutions, and treaties and negotiations of all kinds with as many countries as you can name. In addition, they write the federal laws politicians present in Parliament. It's a big job as the smallest word error in a new law can lead to the biggest embarrassment for the government or to the most expensive consequences in a court of law down the road. Lisa Blais is the smart-talking, bilingual president of the Association of Justice Counsel. She's every bit the tough "union boss" she calls herself. She filed her union's notice to reopen negotiations on Jan. 9 and expects to get talks started in February. She admits she's in a "bizarre" position since government lawyers wrote the labour law used in the negotiations. Law Times up to third place just behind But that's not to say things have gone badly for governThe Hill their Ontario and Alberta counterparts. ment lawyers. Right now, "There was a lot of catchthey earn between $70,000 ing up to do," says Blais. and $200,000 a year. The avThere are still issues such erage is about $100,000. It all as pensions, sick leave, and depends on their specialty benefits to work out. and what they might have But 2014 is a big negotiabeen doing before they came tion year for the debt-ridden to the government. The lawyers' union is a re- Richard Cleroux federal government, so it's only talking about cuts and cent thing. It began in 2006 and Blais says although they got a good freezes for 17 of the 27 unions. In the meantime, the government cut settlement in 2012 — with a 15.25-percent increase over three years — there was its roster of lawyers last year. Right now, four out of five government lawyers are a lot of catching up to do. Federal lawyers also get something with the Justice Department with ancalled performance pay representing other 15 per cent at the Public Prosecua bonus depending on how well they tion Service of Canada and the remaindid their jobs. If they exceed expecta- der in other areas. "Over the last few months, we have tions, they get up to seven per cent in bonus pay. Blais says that 20 years ago, felt the impact of the federal governfederal lawyers used to be the best-paid ment's debt reduction," says Blais. The government lawyers in the country. government declared 49 lawyers surplus But within two decades, they had fallen and eliminated 30 jobs in the tax law way behind their counterparts work- portfolio. But compared to the cuts in ing for other governments in Canada. some departments, that was peanuts. Still, Blais says, the Conservatives will The deal they signed in 2012 took federal lawyers from the bottom of the list of have to decide whether they intend to go lawyers working for governments right ahead with their law-and-order agenda Thomson Reuters Canada Ltd. One Corporate Plaza, 2075 Kennedy Rd., Toronto, ON • M1T 3V4 • Tel: 416-298-5141 • Fax: 416-649-7870 www.lawtimesnews.com • clb.lteditor@thomsonreuters.com • @lawtimes Director/Group Publisher . . . . . . . . . . . . Karen Lorimer Editor in Chief. . . . . . . . . . . . . . . . . . . . . . Gail J. Cohen Editor. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Glenn Kauth Staff Writer . . . . . . . . . . . . . . . . . . . . . . . .Yamri Taddese Staff Writer . . . . . . . . . . . . . . . . . . . . . . Charlotte Santry Copy Editor . . . . . . . . . . . . . . . . . . . . . . Mallory Hendry CaseLaw Editor . . . . . . . . . . . . . . . . . Adela Rodriguez Art Director . . . . . . . . . . . . . . . . . . . . . . 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So the union is already organizing a member mobilization campaign and has joined the Canadian Labour Congress in order to bolster its cause. It's also planning campaigns on Twitter and Facebook to reach opinion makers and the news media. Blais calls it "a crucial time" for her members. Clement knows what that means. It's crucial for him, too, especially with Finance Minister Jim Flaherty trying desperately to balance a budget in time for the next election. LT uRichard Cleroux is a freelance reporter and columnist on Parliament Hill. His e-mail address is richardcleroux@rogers. com. label(s) and should be sent to Law Times One Corporate Plaza, 2075 Kennedy Rd. Toronto ON, M1T 3V4. Return postage guaranteed. 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