Motion to repeal passed with 28 to 20 vote
At September Convocation* on Wednesday, September 11, the Law Society of Ontario (LSO) repealed a controversial acknowledgement requiring lawyers to adopt and abide by a statement of equality, diversity, and inclusion. The motion to repeal passed with 28 in favour, 20 against, and two abstentions.
The Statement of Principles (SOP) required licensees to write a personal statement about how they were promoting diversity and submit it to the LSO. It was one of the recommendations listed in the Challenges Faced by Racialized Licensees Working Group’s Final Report, released after years of consultation with the LSO.
Since its implementation in 2016, critics have called the SOP an intrusion to free speech and/or a largely empty gesture to deeply systemic issues. The most recent bencher elections saw numerous candidates run as the anti-SOP slate “StopSOP”.
Murray Klippenstein, an LSO bencher, Toronto-based litigator, and long-time critic of the SOP had previously expressed his concerns at June Convocation.
“[The SOP] was an incredible invasion of our independence as independent thinking lawyers and that that was bad for society…I’m concerned that the public or members of the profession who are busy and don’t specialize in this will get the wrong impression,” he said during the debate.
Jessica**, a student who attended June Convocation, is also happy that the SOP was repealed, but for different reasons. She critiqued its superficial approach in addressing the lack of diversity in the profession.
“[To address the lack of diversity], we need to do a lot of things. Having more rhetoric is not necessarily useful,” she said. “We need concrete policies, flexibility, and compassion to make people with diverse experiences welcome,” she said.
However, Jessica disagreed with the anti-free speech viewpoint. “The LSO regulates our speech already. It requires us to say certain things and prevents us from saying other things to maintain the integrity of the profession,” she said.
As a result of repealing the SOP, the LSO passed a new compromise motion at September Convocation that requires lawyers and paralegals to annually acknowledge an awareness of their existing professional obligation to abide by human rights legislation.
Not everyone is happy with this compromise. Benchers at the September Convocation mentioned the hurt and sense of exclusion that could result from repealing the SOP. According to the National Post, Atrisha Lewis, a LSO bencher, said the vote to repeal the SOP “was a devastating blow to all racialized licensees and the public at large.”
Solomon McKenzie, a member of Demand Inclusion, a grassroots collective of Ontario legal professionals who support the SOP, was also disappointed by the LSO’s decision to ditch the SOP.
“[The] SOP was an incredibly simple requirement that wasn’t pushing the envelope. It wasn’t a huge affirmative action and yet received such fervent reactions,” he said.
While McKenzie acknowledged that the SOP was not perfect, he was disheartened by the tone of the debate on equality, diversity, and inclusion. He was especially shocked by the “StopSOP” campaign that denied the existence of systemic racism in the legal profession.
“It’s hard not to be concerned when intelligent people make these offside comments,” he said.
While many agree that the lack of diversity in the profession needs to be addressed, much acrimony exists regarding how the profession can regulate equality, diversity, and inclusion.
“We need to ensure that we can provide access to justice, reflecting communities we serve with a diversity of voices and experiences,” said Jessica.
*Editor’s note: Convocation is the monthly meeting of law society benchers.**Editor’s note: The student’s name has been anonymized at her request.
