Law Society benchers will reconsider the proposed minimum wage requirement for Ontario articling positions
In 2018, following a two-year review of the lawyer licensing process in Ontario, the Law Society of Ontario (LSO) approved a mandatory minimum wage rule for Ontario articling students. This change followed a report from the Professional Development and Competence Committee (PDCC) on Experiential Training Enhancements, which stated that approximately 10 to 15 percent of articling placements are unpaid or paid below minimum wage. This amounts to around 130 to 150 placements in Ontario.
The inadequate pay of articling students was said to create unfair and potentially exploitative working arrangements. Unpaid or underpaid positions could also constitute an unfair barrier to licensing for economically disadvantaged candidates, as candidates who lack networks in the profession, financial resources, or are members of historically marginalized groups are more likely to be offered the unpaid positions.
The mandatory minimum wage was due to come into effect in May 2021. However, due to the ongoing COVID-19 pandemic, the minimum wage rule was put on hold and has yet to be implemented. Law Society benchers now have the opportunity to reconsider their decision at the upcoming LSO Convocation meeting on February 24.
A majority of the PDCC believe that the LSO should not move forward with the mandatory minimum wage rule, as this may reduce the overall number of placements available. Employers who are unable to pay articling student wages could no longer hire a student. Since individuals cannot move forward in Ontario’s licensing process without articling for at least ten months, creating a mandatory minimum wage may create more barriers to licensing.
The debate about whether articling student positions should have a mandatory minimum wage remains a contested issue in the legal community. In the meantime, students are encouraged to email the elected benchers with their opinions on the matter.
