We aim to ‘walk the talk’: our Statement of Principle regarding Equality, Diversity and Inclusion

November 9th, 2017 by Iler Campbell

As 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).

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The Law Society’s Statement of Principles and what’s at stake

October 31st, 2017 by Safia Lakhani

This article was first published on rabble.ca

In 2012, the Law Society of Upper Canada (LSUC) struck a Working Group to investigate the challenges faced by racialized licensees, who comprise approximately 18 per cent of lawyers in Ontario.

Unsurprisingly, the initial consultation report, which was prepared based on feedback from a range of individuals and organizations, concluded that overt discrimination and bias are a feature of daily life for many racialized licensees. Further to that initial report, the committee delivered a series of recommendations in a publication entitled “Working Together for Change: Strategies to Address Issues of Systemic Racism in the Legal Professions” on December 2, 2016,  including a recommendation to increase Continuing Professional Development (CPD) offerings that deal with topics of racialization, requiring licensees to adopt a policy around human rights and diversity to promote fair recruitment, retention, and advancement, and developing “progressive compliance” mechanisms for workplaces that do not comply with the recommendations, or are identified as having systemic barriers to diversity and inclusion.

Amongst the 13 recommendations is a requirement that licensees working adopt 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 — a requirement that has ignited a firestorm in the legal profession.

Some members of the law society have taken to radio and print news to denounce the requirement as  “the most egregious kind of violation of freedom of speech” and an Orwellian Dictate. The Catholic Civil Rights League has objected to the Statement on the basis that it “may override core Christian beliefs.” Even Conrad Black (whose affiliations with the Law Society are unknown) published an editorial in which he condemned the Law Society for conferring “capricious dictatorial powers on its own administration.”

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Catch us at the 2017 ONPHA Conference and Tradeshow!

October 30th, 2017 by Iler Campbell

Are you attending the 2017 ONPHA Conference and Tradeshow this weekend? Be sure to stop by our tradeshow booth! We’ll be at booth number 124 on Friday from 8‑3. We love seeing faces new and old. Chat about your legal needs and learn about the free legal education opportunities we have on offer. Plus, fill out a ballot for a draw prize!

We’re also participating in several sessions at the conference:

Lauren Blumas is co‑leading a session as part of Education Day on Friday November 3rd. Titled, “Consent, capacity and substitute decision-making: A housing perspective” the ½ day session will address how to help elderly tenants maintain successful tenancies in a way that respects their dignity and autonomy.

Lauren is also co‑presenter of session 501 on Saturday November 4th, titled “Breathing easier: Smoke-free non-profit housing” Learn the rationale behind establishing smoke-free buildings (including within individual units), and hear practical advice on implementing policies and legal guidance on creating and enforcing the policy.

Finally, Michael Hackl and Katie Douglas are presenting session 502 on Saturday on End of Operating Agreements titled, “EOA: Ensuring legal readiness.” They’ll address the many legal matters to consider as you prepare for your EOA.

Iler Campbell at CHF Canada London Fall Education Event this weekend

October 25th, 2017 by Iler Campbell

This Saturday, be sure to join Iler Campbell LLP lawyers at CHF Canada’s 2017 London Fall Education Event.  Celia Chandler, who spoke at least year’s event on human rights, is joined this year by her colleague, Safia Lakhani.  Safia’s a litigator with the firm and together they will talk about how a co‑op can use Small Claims Court to its advantage.  They both look forward to reconnecting with clients and housing co‑op friends and to meeting lots of new ones.

Lessons for housing providers from the 2017 National Conference on LGBTTQIA2S Lives

October 3rd, 2017 by Elliot Fonarev

Montréal Pride (Fierté Montréal) hosted the 2017 National Conference on LGBTTQIA2S Lives in August. I had the privilege of attending as a student bursary recipient. The acronym, “LGBTTQIA2S” stands for lesbian, gay, bisexual, transgender, transsexual, queer, intersex, asexual, and two-spirited – in this blog I also use the term “sexual and gender minorities” to refer to members of this community.

The conference brought together community and cultural partners, university researchers, and government representatives for a discussion of the important issues facing sexual and gender minorities across Canada today.  The workshops highlighted how different civil society groups, academics, businesses, and governments have approached civil and human rights, health and family rights, social and cultural issues, employment and workplace inclusion, migrant and refugee issues, and international issues and movements.  The topics focused on different realities and identities within the LGBTTQIA2S umbrella, raising a broad range of issues affecting different people in the community.  The overall theme that emerged from discussions was that although there have been many recent gains with respect to legal recognition and formal protections of sexual and gender minorities in Canada, many members of the LGBTTQIA2S communities continue to experience high levels of insecurity and marginalization and remain vulnerable in every sector of life.

One community in particular should be of interest to our clients who house and employ individuals from the LGBTTQIA2S communities: migrants and asylum seekers who are sexual and gender minorities.  One panel featured settlement workers who work exclusively with sexual and gender minorities in Toronto, Montreal, and Vancouver, spoke of the difficulty that many of these individuals, particularly transgender migrants, experience in finding housing.  These individuals are at risk of encountering multiple kinds of discrimination due to the intersection of their status as migrants and sexual or gender minorities, and often race or ethnicity.  Many sexual and gender minorities who are not migrants and live in social housing communities also report feeling unwelcome and unsafe due to their sexual orientation or gender as well as other intersecting identities.

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Protecting housing and human rights without limiting options

September 28th, 2017 by Michael Hackl

This article was first published on rabble.ca

Canada has been facing a housing crisis for a number of years now, with rising costs affecting both homeowners and tenants. According to the Canadian Rental Housing Index, renters in Canada are spending an average of 22 per cent of their before-tax income on rent and utilities. Further, this index reported that 40 per cent of renter households were spending more than 30 per cent of their before-tax income on rent and utilities, and a staggering 19 per cent were spending over 50 per cent of their before-tax income on rent and utilities. Keep in mind that the Canada Mortgage and Housing Corporation (CMHC) defines affordable housing as housing that costs less than 30 per cent of before-tax household income. This means that almost half of renter households in Canada are not in affordable housing, and one in five homes are spending over half of their before-tax income just to have a roof over their heads.

Imagine then, the relief that a family in Vancouver must have felt on being told that they had reached the top of a waiting list for a two-bedroom apartment that would have resulted in a significant reduction in their housing costs if they had been offered the unit. Unfortunately for them, the housing provider did not offer them the unit. At the time that the family was told that they were first on the waiting list, the family consisted of two parents and a two-year-old son, but the mother was seven months pregnant (and has since given birth to a baby girl). According to a voicemail left by a representative of the housing provider, they could not offer the family the unit because they did not know the sex of their then unborn child. For its part, the housing provider has said that the family was not being considered for the unit in any event, but the family feels they were passed over for this apartment because they have two young children of different sexes and the housing provider was unwilling to offer them a unit where those two children would share a bedroom.

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