OFFICE OF THE TREASURER MEMORANDUM

Transcription

1 OFFICE OF THE TREASURER MEMORANDUM TO: FROM: DIANNE CORBIERE, CO-CHAIR JULIAN FALCONER, CO-CHAIR SANDRA NISHIKAWA, VICE-CHAIR GINA PAPAGEORGIOU, VICE-CHAIR PAUL SCHABAS, TREASURER DATE: SEPTEMBER 22, 2016 RE: EQUITY AND ABORIGINAL ISSUES COMMITTEE On August 9, 2016, on my recommendation, Convocation appointed you as Co-Chairs and Vice-Chairs of the Equity and Aboriginal Issues Committee (EAIC). I am pleased that you have agreed to support the important policy work of the Law Society in these roles. In this memo, following my discussions with you, I am setting out my expectations for the work of your committee over the course of my term as Treasurer. I am also including targets for completion of work and decision-making by Convocation as appropriate. First, I would like to remind you of a few things about the Law Society s committees and their work. The chairs are responsible for setting the agenda of each committee meeting, chairing the meeting and approving reports for presentation to Convocation. This is an important leadership role. I am confident that it will be executed with diligence. The chairs are supported by the vicechairs. As you know, we also have an excellent resource in the Law Society staff. While it is always understood that ultimately the members of your committee will decide on the appropriate recommendations for Convocation s consideration, I would urge you to work closely with staff and seek their advice and input. In particular, I expect that you will regularly consult and meet with the policy staff assigned to support your Committee and the senior staff in the relevant operational areas to have access to their knowledge and, through them, the knowledge and expertise of other staff members, all of which can greatly assist the work of the committee

2 Your committee s mandate is to develop, for Convocation s approval, policy options as they relate to your authority as set out in By-Law 3 as follows: The mandate of the Equity and Aboriginal Issues Committee is, (a) (b) to develop for Convocation's approval, policy options for the promotion of equity and diversity having to do in any way with the practice of law in Ontario or provision of legal services in Ontario and for addressing all matters related to Aboriginal peoples and French-speaking peoples; and to consult with Aboriginal, Francophone and other equality-seeking communities in the development of such policy options. This mandate, together with the priorities in the Law Society s Strategic Plan relevant to your committee s mandate, will guide your work over the next two years. This includes completing a number of initiatives already underway at the time the Strategic Plan was adopted and recognized as priorities. The mandate will also include initiatives within the Plan related to regulation and the Law Society s effectiveness as a regulatory body. An equity lens must be applied to these initiatives to ensure that the equity principles to which the Law Society ascribes are recognized and adhered to. The following activities and initiatives have been identified as priorities for your Committee: Indigenous Issues As Canada in 2017 will celebrate 150 years since Confederation, the promotion of equity and diversity must prioritize reconciliation with Indigenous peoples. The Truth and Reconciliation Commission of Canada s Final Report reminded us of the reality that Indigenous peoples have a deep and abiding distrust of Canada s legal systems. The Law Society can play a part in working towards reconciliation. Initiatives should include the following: In partnership with the newly formed Indigenous Advisory Group, developing and implementing the Law Society s Indigenous Strategy to work towards fulfilment of the Law Society s mandate, and the equity and other principles by which it regulates, in relation to Indigenous issues; Developing programs that will enhance cultural competence on the part of the Law Society and the profession in dealings with Indigenous peoples; Improving access to our complaints processes for Indigenous communities; Supporting and implementing the work of reconciliation, internally and externally with partners, including the newly established Indigenous Advisory Group, by implementing Calls to Action of the Truth and Reconciliation Commission of Canada s Final Report; and Developing policies that will ensure an Indigenous lens to all we do at the Law Society

3 I look forward to seeing the results of the work on the Indigenous Strategy by January Implementation of the Report on Challenges Faced by Racialized Licensees As you are aware, I have committed that the Challenges Faced by Racialized Licensees Working Group will complete its work and report its recommendations to EAIC and to Convocation this fall. As part of the Law Society's role in maintaining and advancing the cause of justice, protecting the public interest, and facilitating access to justice for the people of Ontario, we need to address the findings of persistent and widespread barriers faced by racialized licensees. As part of its work, the Committee will be expected to: support the Working Group as it finalizes its recommendations; oversee and facilitate the implementation of the Working Group's recommendations as approved by Convocation; monitor our progress and effectiveness; and maintain strong relationships with partners, including the Equity Advisory Group and other equity organizations who advocate for racialized licensees across the province. Equity Review Leading by Example The Law Society's operations should meet the highest standards of equity, fairness and inclusion as well as foster respect for the diversity of the professions and the diverse communities we serve. As such, your Committee will be responsible for providing policy oversight and guidance on the following activities: An equity assessment, which will encompass the diversity assessment of the Benchers, as set out in the Strategic Plan and the diversity assessment of Law Society staff, which will be reported to the profession; A review and assessment of the Office of Discrimination and Harassment Counsel with specific reference to its effectiveness in addressing various forms of discrimination; A staff review of Law Society By-Laws and Rules applying the equity lens; and Formulating policies around cultural competence for the Law Society. Convocation has also agreed to embark on a review of the Law Society s governance structure and policies and procedures, part of which will examine ways to achieve the goals of transparency and inclusion. Your Committee s expertise in this respect will be essential to this initiative. In April 2016, as you know, Convocation adopted a mental health strategy, which provides an 3 366

4 important blueprint for progress in this very difficult area. EAIC, along with supporting staff, will need to play a large role supporting and providing expertise in the implementation of the strategy over my term as Treasurer. External Appointments Policy I have communicated to the profession, including a number of legal organizations, my commitment to developing a robust and transparent policy for the Law Society's recruitment process and selection criteria for candidates for Law Society external appointments. The Committee will be responsible for: Including within the broader policy a specific policy statement that promotes equity and diversity in Law Society internal and external appointments to ensure appropriate representation based on gender identity, sexual identity, Indigenous identity, linguistic identity, racial and cultural diversity, disability and sexual orientation; and Establishing a method for evaluating the effectiveness of this equity policy. I expect to receive the Committee s report on this issue by December Retention of Women in Private Practice In May 2008, Convocation approved nine recommendations to enhance the retention of women in private practice, which in turn led to the creation of a number of programs and initiatives, including the Justicia project, the Career Coaching Program, the Parental Leave Assistance Program, the Contract Registry and the Women s On-line Resource Centre. Almost ten years later, gender inequality continues to be a significant issue within the profession. At this time the Committee should begin: establishing a methodology for considering the impact of the retention of women in private practice initiatives in promoting gender equality; considering whether any additional measures could or should be taken to promote gender equality in the profession. French Language Services In 2015, the Law Society adopted the Politique sur les services en français and continues to make ongoing efforts to enhance access to justice in French in Ontario and provide resources to licensees in French. Your committee is tasked with: monitoring the implementation of recommendations pertaining to the Law Society outlined in the 2012 Bench and Bar Committee Access to Justice in French report; 4 367

5 in partnership with AJEFO, working to strengthen French language services within the professions. Additional Issues within the Mandate As the mandate of your Committee includes the development of policy options for the promotion of equity and diversity in connection with lawyer and paralegal practice, I expect that this will involve the continued examination of a number of issues that have already been the subject of your work over the years, for example, issues of disability/accessibility, sexual orientation and creed. I also encourage your committee to view all issues it examines through an intersectional lens keeping in mind the interconnected nature of social categorizations, including, but not limited to, race, disability, gender identity, gender expression, sexual orientation, creed, and the ways in which they overlap to create related systems of discrimination or disadvantage. In conclusion, as the Committee builds on the work it has done in the past year, I look forward to receiving the report card on your progress, by June 2017, in particular as it relates to the areas I have outlined above. I look forward to working with you in the coming year