Convocation - Equity and Aboriginal Issues Committee/Comité sur l’équité et les affaires autochtones Report Tab 6 Report to Convocation October 30, 2014 Equity and Aboriginal Issues Committee/ Comité sur l’équité et les affaires autochtones Committee Members Julian Falconer, Chair Janet Leiper, Chair Susan Hare, Vice-Chair and Special Liaison with the Access to Justice Committee Beth Symes, Vice-Chair Constance Backhouse Peter Festeryga Avvy Go Howard Goldblatt Jeffrey Lem Marian Lippa Dow Marmur Barbara Murchie Judith Potter Susan Richer Purposes of Report: Decision and Information Prepared by the Equity Initiatives Department (Josée Bouchard – 416-947-3984) 233 Convocation - Equity and Aboriginal Issues Committee/Comité sur l’équité et les affaires autochtones Report TABLE OF CONTENTS For Decision Challenges Faced by Racialized Licensees Working Group - Consultation Recommendation ...................................................................................... TAB 6.1 Human Rights Monitoring Group Request for Interventions............................................. TAB 6.2 For Information ............................................................................................................. TAB 6.3 Public Education Equality and Rule of Law Series Calendar 2014 - 2015 234 Convocation - Equity and Aboriginal Issues Committee/Comité sur l’équité et les affaires autochtones Report COMMITTEE PROCESS 1. The Equity and Aboriginal Issues Committee/Comité sur l’équité et les affaires autochtones (the “Committee”) met on October 15, 2014. Committee members Julian Falconer, Chair, Janet Leiper, Chair, Susan Hare, Vice-Chair and Special Liaison with the Access to Justice Committee, Beth Symes, Vice-Chair, Constance Backhouse, Avvy Go, Howard Goldblatt, Jeffrey Lem, Marian Lippa, Dow Marmur, Barbara Murchie and Susan Richer attended. Sandra Yuko Nishikawa, Chair of the Equity Advisory Group, and Julie Lassonde, representative of the Association des juristes d’expression française de l’Ontario, also participated. Staff members Josée Bouchard, Ross Gower, Ekua Quansah, Susan Tonkin and Grant Wedge also attended. 235 Convocation - Equity and Aboriginal Issues Committee/Comité sur l’équité et les affaires autochtones Report TAB 6.1 FOR DECISION CHALLENGES FACED BY RACIALIZED LICENSEES WORKING GROUP CONSULTATION RECOMMENDATION MOTION 2. That Convocation approve the consultation proposed by the Challenges Faced by Racialized Licensees Working Group outlined in this report. Rationale 3. From October 2012 to date, the Law Society conducted a formal and informal engagement process and a survey with the profession to identify the challenges faced by racialized licensees. The Challenges Faced by Racialized Licensees Working Group (“RWG”) considered the results of the engagement process and developed a Consultation Paper, based on the identified challenges and barriers faced by racialized licensees. The Consultation Paper includes questions to the profession about how best to address the barriers. The Consultation Paper appears at TABS 6.1.1 and 6.1.2 in English and French. 4. On October 1, 2014, the Chair and Vice-Chairs of the RWG met with members of the Equity Advisory Group, community liaisons involved in this project and the boards of the Canadian Association of Black Lawyers (“CABL”), the Canadian Association of South Asian Lawyers (“CASAL”), the Federation of Asian Canadian Lawyers (“FACL”) and the South Asian Bar Association (“SABA”). They received very helpful and important feedback on the Consultation Paper and consultation methodology. 5. It is recommended that the Law Society consult broadly with the profession, including legal clinics, and members of the judiciary, the academy and the public to identify practical initiatives and solutions to address the challenges outlined in the Consultation Paper. Convocation is asked to approve the proposed consultation. Key Issues and Considerations 6. This project is of considerable importance to the legal profession. Key equity partners have been consulted in the development of the Consultation Paper. It will be important to fully engage the profession, the judiciary, academics, legal clinics and the public in the consideration of solutions to the barriers faced by racialized licensees. As a result, the proposed consultation methodology aims at ensuring that there are multiple ways to participate in the consultation process. Also, webcasting the Toronto open house sessions will allow those who are unable to attend the meetings in person, to participate online. The 1 236 Convocation - Equity and Aboriginal Issues Committee/Comité sur l’équité et les affaires autochtones Report RWG will also invite the participation of regional benchers, as leaders in their communities, when conducting focus groups and meetings. Budgetary Considerations 7. It is anticipated that the consultation will be completed without the requirement for additional funds. The budget for this consultation will be covered by the Equity Initiatives Department and bencher expense budgets. Stakeholder Management 8. As mentioned above, equity partners have been instrumental in the development of the Consultation Paper, and the Law Society surveyed the profession as a whole about the barriers faced by racialized licensees and potential solutions. 9. To ensure that the policy recommendations effectively address the challenges faced by racialized licensees, it will be important to engage the profession in the policy development process. It is anticipated that the Law Society will receive thoughtful submissions related to this project. Key Background Information 10. In August 2012, Convocation created the RWG with a mandate to, a. identify challenges faced by racialized licensees in different practice environments, including entry into practice and advancement; b. identify factors and practice challenges faced by racialized licensees that could increase the risk of regulatory complaints and discipline; c. consider best practices for preventive, remedial and/or support strategies; d. if appropriate, design and develop preventative, remedial, enforcement, regulatory and/or support strategies, for consideration by the Equity Committee and other Committees as appropriate, to address the challenges described above. 11. From October 2012 on, the RWG met informally with a number of individuals and organizations to obtain viewpoints on challenges and best practices for racialized licensees and reviewed the literature available on this topic. 12. In early 2013, the RWG retained the services of Strategic Communications Inc. (Stratcom) and Michael Charles of Change DeZign© to formally engage the profession on this matter. This formal engagement process included key informant interviews, focus groups and a survey. Stratcom and Change DeZign© provided their final report to the Law Society in March 2014. 2 237 Convocation - Equity and Aboriginal Issues Committee/Comité sur l’équité et les affaires autochtones Report 13. The RWG also engaged in a parallel process, the Community Liaison Process, to garner information from racialized licensees who may not have come forward during the formal engagement process. The Consultation Paper and the Consultation Methodology 14. Based on the findings of the informal and formal engagement process, the RWG drafted a Consultation Paper for the profession’s feedback. In October 2014, the RWG also consulted with members of the Equity Advisory Group, the Community Liaisons, CABL, CASAL, FACL and SABA and received very helpful and important feedback on the Consultation Paper and consultation methodology. 15. Based on the advice received, the RWG proposes to consult lawyers, paralegals, academics, members of the judiciary and the public by using the following methodology: a. Posting the Consultation Paper online and inviting written submissions from the profession, the judiciary, academia and the public; b. Holding meetings where there is a strong representation of racialized licensees. It is anticipated that the meetings would be held in Toronto and surrounding areas such as Hamilton, Brampton, Mississauga, Scarborough, Markham and Oshawa. Some RWG members would also travel to Ottawa, Windsor, London and to Northern regions such as Thunder Bay and Sudbury. c. Holding open house meetings in Toronto. Such meetings would be held at the Law Society and webcast. It is anticipated that two open house meetings will be held. d. Meeting with associations such as the County and District Law Presidents’ Association, the Ontario Bar Association, CABL, SABA, CASAL, FACL and the Arab Canadian Lawyers Association. Members of the judiciary and academia would also be included along with associations representing members of the public. 16. The Consultation Paper will be posted in French and English online on October 30, 2014 with a deadline for written submissions of March 1, 2015. Meetings with the profession will be scheduled from November to the end of February 2015. 17. The Equity and Aboriginal Issues Committee approved the consultation methodology and Consultation Paper by consensus. 18. The Committee recommends that Convocation approve the proposed consultation as outlined in this report. 19. A power point presentation prepared by the RWG is also presented at TAB 6.1.3. 3 238 Convocation - Equity and Aboriginal Issues Committee/Comité sur l’équité et les affaires autochtones Report 1 239 Convocation - Equity and Aboriginal Issues Committee/Comité sur l’équité et les affaires autochtones Report 2 240 Convocation