Law Times

Page 4 JUNe 8, 2015 • LaW TIMeS www.lawtimesnews.com Legal aid lawyers file Charter challenge against LAO BY GLENN KAUTH Law Times s it faces a constitu- tional challenge filed by staff lawyers who have been seeking to unionize, Legal Aid Ontario says it respects their right to associate and is willing to con- sider associations other than the union the employees want to join. "LAO has always supported employees' constitutional right of association," says LAO spokeswoman Genevieve Oger, noting the agency is willing to consider associations like the Association of Law Officers of the Crown and the Ontario Crown Attorneys' Association. Staff, however, say they're taking their bid to unionize under the Society of Energy Professionals IFPTE Local 160 to court. "After two years of re- quests to our employer, LAO, and to the government for help, we have been forced to pursue our rights by filing the applica- tion to remedy this injustice," says Dana Fisher, a spokeswom- an for the staff lawyers involved in the unionization bid. The challenge, filed in the Ontario Superior Court on Thursday, centres on the right to freedom of association under s. 2(d) of the Charter of Rights and Freedoms. "Rights enshrined in the Charter are for everyone, even lawyers," says Fisher. The application is seeking a declaration to recognize the Society of Energy Professionals IFPTE Local 160 as the bargain- ing agent for the staff lawyers as well as damages for the costs of the ongoing campaign since May 2013. It notes that while the definition of employee in the Labour Relations Act excludes practising lawyers, employers can voluntarily recognize a bar- gaining unit. The application also points out that the Ontario government has recognized bargaining agents for Crown at- torneys and lawyers working in other government ministries. A recent Supreme Court rul- ing that dealt with collective- bargaining rights, Mounted Police Association of Ontario v. Canada (Attorney Gen- eral), has emboldened the LAO lawyers' bid to unionize. "It was our hope that LAO's leader- ship would rethink its position following the recent Supreme Court ruling and reach an agreement with us," says Scott Travers, president of the Society of Energy Professionals. "We hope the government will recognize the merits of the Supreme Court ruling and inter- vene, avoiding the unnecessary burden upon taxpayers of a pro- tracted legal battle," he added. According to the application, more than 80 per cent of staff lawyers had signed a petition by early 2013 indicating they wished to join the union. In response, LAO chief executive officer Bob Ward wrote a letter in October 2013 indicating he had rejected the bid to join the union. In the letter, he raised concerns about the fact the Society of Energy Professionals was a trade union. The court application sheds some light on the reasons for seeking to join that union. After the lawyers began to consider the need to unionize in 2011 in light of concerns over issues such as LAO's lawyer work- force strategy that provided for mandatory practice rotations and relocations, they decided they needed an "experienced and well-resourced association/ union to mount an effective campaign," according to the application. Associations rep- resenting Crown attorneys and lawyers at other government ministries were "unwilling to commit the necessary resourc- es" for a campaign, the applica- tion noted. "The group selected the Society because of its experi- ence in representing profession- als, its experience working with governmental agencies in On- tario, and its experiences and re- sources," the application reads. The application notes the lawyers have received support from notable members of the le- gal profession such as Julian Fal- coner, Clayton Ruby, and Lorne Waldman. "Legal Aid Ontario's steadfast refusal has left us with no alternative but to take them to court," says Travers. Oger, meanwhile, says LAO is aware of the court applica- tion and will be responding. As to some of the concerns about working conditions, she says LAO provides "excellent work- life balance for staff lawyers." "Depending on the posi- tion, alternative work arrange- ments are possible — including reduced hours, f lex hours, and work-from-home policies," she says. "LAO has increased compen- sation for staff lawyers and pen- sion packages," she adds, noting pay ranges over three years are rising from $62,000 to $107,000 to $89,000 to $115,000 a year. LT Law school curriculum LSUC reviewing rules to allow for experiential learning BY YAMRI TADDESE Law Times he Law Society of Up- per Canada is review- ing its bylaws to accom- modate experiential learning for law students. On May 28, Convocation voted in principle to approve changes to its bylaws, although the exact details are still in the works and up for discussion at June's Convocation. "This is a very positive devel- opment we have been following closely and will represent an af- firmation by the law society of the important work being done by supervised law students as part of access to justice initiatives that also form an important part of legal education programs," says Osgoode Hall Law School dean Lorne Sossin, who notes the past several years have seen "a renais- sance for experiential learning." In those years, law schools have incorporated practical learn- ing in their curriculum. The op- tions include supervised stints at legal clinics and a variety of other pro bono programs. But recently, law schools have expressed concern that some as- pects of these programs contra- vene the law society's current rules dealing with licensing obligations. While the law society's rules allow for hired students working under lawyers, they're silent on students doing the same thing on a volun- tary basis as part of their school curriculum, according to Sossin. While participating in experi- ential learning programs, law stu- dents may assist lawyers with pre- liminary drafting of documents and obtaining client information under supervision. At the same time, Legal Aid Ontario recently started funding student legal aid services societies. The funding will allow students at six Ontario law schools to provide some legal advice and represent clients un- der lawyers' supervision. "While work with clients is done under a lawyer's supervi- sion, there is value in sensitizing law students to the significant implications of access to justice issues in the legal landscape," says a law society committee report on the issue presented to Convocation. "This dovetails as well with one of the law society's strategic priorities respecting access to jus- tice and with the provisions of the Law Society Act." Bencher Howard Goldblatt, chairman of the law society's professional competence com- mittee, said bringing about the changes would simply "continue what has been an ongoing pro- cess at the law society" of amend- ing the rules to accommodate new and welcome developments in the profession. "The importance of experi- ential learning for law students as an early means of developing co mpetence is recognized and has become a priority for law schools, law societies, and law firms that hire newly called law- yers," according to the law soci- ety report. "Experiential learning has the ability to inculcate impor- tant skills and values that will assist in competent and ethical post-call behaviours. "Those who hire newly called lawyers have often raised the need for more of such training to be undertaken in law schools. To be effective, such learning must also be properly supervised with licensee accountability for stu- dent activities." While the motion to amend the bylaws to allow experiential learning carried, one bencher dis- agreed with voting for the change without knowing the details. "It seems odd to approve of something when we don't know what it looks like," said ex officio Bencher Bradley Wright. But Goldblatt told Convo- cation the motion would help focus the discussion on the ac- tual changes to the bylaw this month. LT NEWS STAY CONNECTED TO YOUR LEGAL NETWORK 2015-16 Atlantic Legal Telephone Directory connects you to your legal community providing accurate and essential legal contact information in all four Canadian Atlantic Provinces. Compiled by the respected legal directories group at Thomson Reuters, you can rely on a directory that grows and expands with your legal community. Each year find new and updated names, mailing addresses, email addresses and phone numbers for lawyers and law offices. Also get quick, easy access to: % Law and Barristers' Societies % Courts of Appeal % Federal Court of Canada % Government of Canada departments % Judicial districts and judicial officials % Incorporated Municipalities % Land registration and information services % The Associations of Land Surveyors % Law Foundation % Provincial government departments % Boards and Commissions % Law Related Services, Institutions and Organizations % University law faculties ... and much more. New Edition 1FSGFDUCPVOEȕ+VOF ȕ- Multiple copy discounts available *Plus applicable taxes and shipping & handling (Prices subject to change without notice) Stay connected with the 2015-16 Atlantic Legal Telephone Directory. Order your copy today. Visit www.carswell.com or call 1-800-387-5164 for a 30-day, no risk evaluation Untitled-4 1 2015-06-01 12:20 PM The past several years have seen 'a renais- sance for experiential learning,' says Lorne Sossin. T A

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