Subscribe to our RSS feed
Find us on Facebook
Follow us on TwitterAs many of you have read in the media, and last week on our blog, the Law Society of Upper Canada has decided to take action to improve the circumstances of racialized lawyers and paralegals.
As lawyers, we are already required to follow the Law Society’s Rules of Professional Conduct that apply to all lawyers in Ontario. Among other things, those Rules say that, “A lawyer has a duty to carry on the practice of law and discharge all responsibilities to clients, tribunals, the public and other members of the profession honourably and with integrity.” The Commentary on this particular Rule includes the following: “A lawyer has special responsibilities by virtue of the privileges afforded the legal profession and the important role it plays in a free and democratic society and in the administration of justice, including a special responsibility to recognize the diversity of the Ontario community, to protect the dignity of individuals, and to respect human rights laws in force in Ontario” (emphasis added).
In recognition of the responsibility that lawyers and paralegals have, as part of the legal system, to promote and bring about equality in society, the Law Society is requiring of each lawyer and paralegal who is licensed to practise law and provide legal services in Ontario to adopt a personal statement committing to promoting equality, diversity and inclusion, both generally and in the course of their practise of law.
Whatever we’re doing, as a group of lawyers practising law together we strive to be inclusive and respectful of the diversity of people and perspectives involved.
The lawyers in our firm did not hesitate, therefore, when the Law Society notified its members of the requirement to adopt a Statement of Principle regarding Equality, Diversity and Inclusion. Our lawyers see this as a first step in a long journey towards a more inclusive legal system that actually reflects diversity. Ours, tailored for our firm, is below. The original, signed by all Iler Campbell’ lawyers is posted in our meeting room to remind us and our clients of our commitment.
It’s our goal to “walk the talk.” If you have suggestions about how we can do better, please let us know.
Iler Campbell LLP – Statement of Principles – Equality, Diversity and Inclusion – 2017
1. Purpose:
The purposes of this Statement of Principles are:
- to promote diversity in the firm’s work environment and in the manner in which Iler Campbell LLP (the Firm) and all of its licensees engage with clients and the broader public; and
- to meet the requirements of the Law Society of Upper Canada Recommendation 3(1) which requires every licensee to adopt and to abide by a statement of principles acknowledging their obligation to promote equality, diversity and inclusion generally, and in their behaviour towards colleagues, employees, clients and the public.
2. Preamble:
Human rights legislation is afforded quasi-Constitutional status by the Supreme Court of Canada. It is of such import that under the Rules of Professional Conduct (for lawyers) and the Paralegal Rules of Conduct, licensees of the Law Society of Upper Canada have a special duty to respect human rights in their dealings with others.
3. Principles:
3.1 No Discrimination or Harassment within the Firm
I am aware that under the Human Rights Code every person has the right to be free from discrimination and harassment in employment.
I acknowledge my obligation not to discriminate against or harass any person on the basis of the grounds under the Human Rights Code with respect to my employment or supervision of others, or in professional dealings with other licensees.
I acknowledge my obligation not to tolerate, condone, or ignore any form of Human Rights Code-based harassment or discrimination, in professional dealings with other licensees or any other person.
I acknowledge that the right to be free from discrimination and harassment applies to everyone associated with the Firm: clients, partners, associates, students, clerks, legal assistants, or other employees.
3.2 Abide by Policies of the Firm
I agree to review, understand and abide by all policies that prohibit harassment and discrimination, and that encourage diversity and inclusion on the basis of the grounds set out in Human Rights Code or other grounds.
I will report any observations or allegations of harassment or discrimination.
If asked, I will co‑operate in any investigation and complaints procedure.
I will not reprise against, or threaten to reprise against anyone for making a formal complaint of harassment or discrimination, or for co‑operating in any investigation.
3.3 Promote Diversity and Inclusion
To promote diversity and inclusion, I agree to:
- review, understand and abide by any and all of policies of the Firm that encourage diversity and inclusion on Human Rights Code or other grounds;
- encourage a culture of inclusion and diversity at the Firm, to help attract and retain the best talent and better serve clients’ needs;
- support strategies at the Firm (and beyond it, where appropriate) that prioritize diversity and inclusion on Human Rights Code and other grounds in hiring, promotion and retention decisions; and
- co‑operate and engage in any efforts of the Law Society, the Firm and others to advance equality, diversity and inclusion in the legal profession and in the broader community.
4. Serve Clients/ the Public
I am aware that under the Human Rights Code, every person has the right to be free from discrimination and harassment with respect to the provision of services, including legal services.
I will provide legal services in a manner that is courteous and equitable, without discrimination or harassment.
I will ensure that no client or prospective client is denied services or receives inferior service on the basis of the grounds set out in the Human Rights Code.
I will actively promote the protection of human rights and the principles of diversity and inclusion by clients and, where appropriate, the broader public.
I will respect both the letter and spirit of human rights legislation in professional dealings with other licensees or any other person.
5. Statement of Commitment
By signing below, I acknowledge that valuing equality and enhancing diversity and inclusion in my practice, at the Firm, and in my public life is central to the maintenance of public trust and confidence in the legal profession.
To help achieve the objectives of valuing equality and enhancing diversity and inclusion, I have adopted this Statement of Principles.
– Brian Iler, Celia Chandler, Katie Douglas, Lauren Blumas, Michael Hackl, Safia Lakhani, Shelina Ali, Ted Hyland
