Opinion: Repealing Ontario lawyers’ statement of principles is not a principled stand

Contributed to The Globe and MailAtrisha Lewis a bencher of the Law Society of Ontario. She is a commercial litigator at McCarthy Tétrault LLP.

And yet, somehow, this obligation is offensive to some. On May 1, a slate of 22 lawyers was elected to the Law Society as members of its board of directors – “benchers,” in our parlance – with a specific mandate to repeal the statement of principles requirement, arguing publicly that the mandate is a threat to freedom of expression.This argument, however, is unpersuasive and selective.

But the most dangerous argument is the denial that racism exists within the legal profession. Some anti-statement members have said that most lawyers “do not see colour,” a suggestion that ignores the data collected by the Law Society of Ontario. Racialized lawyers are underrepresented in the legal profession and as law firm partners, and are overrepresented as solo practitioners. Seldom do leading lawyer rankings profile racialized lawyers.

The statement does encourage “better representation of racialized licensees, in proportion to the representation in the Ontario population," prompting an argument voiced by elected bencher Murray Klippenstein in the online magazine Quillette:"If the proportion of some skin colours and ethnicities is too low, then the proportion of others must be too high.

GlobeDebate 'Those opposing the statement requirement have also not offered up another plan to address discrimination' Its not their job to do so. Everyone has the right to try to expose it whenever they come across it.

GlobeDebate '... the most dangerous argument is the denial that racism exists within the legal profession ...' It probably does, unfortunately. But mandating a statement to promote diversity etc. won't do a thing to eradicate it.

GlobeDebate 'there is a certain hypocrisy ... [compares the Trinity Western situation]' Wrong. Trinity Western is a private school that has the right to its own practices. But the Law Society is a government-mandated monopoly, and has no right to exclude people based on their beliefs.

GlobeDebate '... already have obligations under our Rules of Professional Conduct, which confer a special responsibility to recognize the diversity of the Ontario community ...' Literal diversity is a matter of fact, and is on the increase. The problem word is 'promote'.

GlobeDebate 'Members are not mandated to share their statement with the Law Society, but they must confirm that they have one' So it's easy to lie? Then why bother with it?

GlobeDebate No one should be under any obligation to 'promote equality, diversity and inclusion'. What they cannot do, however, is violate the rights of other people.

GlobeDebate What isn't principled was requiring lawyers to create the statement to begin with. The fact they are lawyers doesn't change the fact they are subject to the exact same rights, freedoms an responsibilities as every other Canadian.

GlobeDebate

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