Not exact matches
For instance, Chinese firms have to be aware of roles of trade unions
and labour
laws that differ from those in China; be respectful to the
diversity and equality that are the reality of Canadian culture
and society;
and be environment friendly that reflects Canadians value.
Equality We want a society which is based on
equality and respect for
diversity with robust
equality laws against irrelevant discrimination, not least in the context of the «religion or belief»
and «sexual orientation»
equality strands.
This bundle includes reference cards on culture / ethnicity
and on religion / belief, Frequently Asked Questions about ethnicity
equality in education
and about raising the achievement of all pupils,
and reference cards on: the
law on
equality in education;
and learning about
equality,
diversity and human rights.
This bundle focuses on disability
equality in education
and includes a reference card on disability (including learning difficulties), Frequently Asked Questions about disability
equality in education
and about raising the achievement of all pupils,
and reference cards on: achievement; the
law on
equality in education;
and learning about
equality,
diversity and human rights.
My sense from reading some of the criticism directed at the
Law Society is that the critics are uncomfortable with the
Law Society imposing moral values on its licensees: because the value
and parameters of inclusion,
equality and diversity are contested
and unclear, the
Law Society ought not to require its members to acknowledge a duty to promote them.
Far more useful would be requiring
law firms, organizations, corporations
and law schools to have that positive obligation to promote
equality,
diversity and inclusion.
Is it the duty of the individual lawyer to promote
equality,
diversity and inclusion or is it the duty of the
law society or regulating body to do so?
The
Law Society has an obligation to promote human rights in the legal profession
and licensees are already bound by human rights
equality,
diversity and inclusion principles under their respective professional rules of conduct
and the Code.»
Reading between the lines of the Challenges report, I * think * that the purported obligation to «promote
equality,
diversity and inclusion» was really intended to be a catch all summary of our existing obligations to — in essence — comply with Ontario's human rights
laws in accordance with section 2.1 or 6.3
and 6.3.1 of the Rules.
«The
law society decided to commit to enhancing or promoting
diversity and equality in the profession as a way of promoting the interests of the public.
The new obligation requires every lawyer
and paralegal in Ontario to adopt
and abide by a statement of principles «acknowledging their obligation to promote
equality,
diversity and inclusion»
and has faced some backlash since the
law society started implementing it in September.
As part of its commitment to promote
equality and diversity in the legal profession,
and to ensure that the Ontario community is served by a representative profession, the
Law Society of Upper Canada conducts research
and collects data on the composition of the profession.
From an employment
law perspective this case is relatively cut
and dry — in so much as the employer was left with very little choice as to how to deal with such a flagrant
and public breach of its
diversity and equality policy by one of its employees.
The
Law Society asks us to promote vague terms live «
diversity», «
equality»
and «inclusion» but refuses to define them.
When a first year student's opportunity to learn about
equality is reduced to a one - time course, it is not too surprising that values like
diversity and equality do not necessarily get transferred from
law schools into legal practice.
There has been significant controversy in Ontario over the new
Law Society requirement that every licensee «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».
Therefore, it is reasonable to anticipate that the future efforts of the
Law Society, when it gives more definition
and interpretation to the values of
equality,
diversity,
and inclusion it has in mind, will give rise to conflicts with the personal values of individual lawyers
and interference with the thoughts, beliefs,
and opinions of lawyers.
The promotion of
equality,
diversity,
and inclusion is nothing less than requiring all Ontario lawyers to subscribe to a set of personal values which our Regulator (
Law Society) wants advanced in our profession.
The (now removed from their website) supplementary materials on the Statement of Principles indicate that lawyers must «demonstrate a personal valuing of
equality,
diversity,
and inclusion,» which makes it apparent that the
Law Society intends to regulate thought as much as action.
The
Law Society has attempted to characterize
equality,
diversity,
and inclusion in its Statement of Principles as simply a set of behavioural «standards or criteria.»
Committed to the principles of
equality and fairness, she is raising the bar within the business world
and the legal profession through consistent
and vocal advocacy for increased
diversity in America's boardrooms
and improved opportunities for women in
law.
Recommendation 3 (1) of the
Law Society of Ontario requires all Ontario lawyers to create
and abide by an individual Statement of Principles (SOP) that acknowledges the lawyer's obligation to promote
equality,
diversity,
and inclusion generally,
and in the lawyer's behaviour towards colleagues, employees, clients,
and the public.
In effect, SOP imposes a mandatory obligation on individual lawyers to personally value
equality,
diversity,
and inclusion, the definitions
and interpretations of which will be in the exclusive domain of the
Law Society of Ontario.
The American Bar Foundation is the world's leading research institute for the empirical study of
law: we have an established track record of research on legal
diversity,
equality of opportunity,
and equal justice.
Jackson Lees Group Ltd
and Jackson Lees
Law LLP are committed to the avoidance of discrimination
and to the promotion of
equality and diversity.
I would make the observation that had the statement of principles
and the roll - out of the purported obligation to «promote
equality,
diversity and inclusion» been properly handled by the
law society of upper Canada, many of the «contemptuous» criticisms of the proposal would not have arisen.
As Alice Woolley pointed out in her op - ed column published in the National Post, explanatory materials published by the
Law Society said that the requirement was for a «personal valuing» of
equality,
diversity and inclusion.
There are also going to easy questions, like, for example, whether a regulator acting under a public interest mandate should have an accurate name that the public understands or provide its imprimatur to — as one national newspaper has put it — a «gay - free»
law school or, indeed, to take the highest profile example of late, require its members to act in ways that promote
equality,
diversity and inclusion.2 I don't say that these questions are easy because everyone will agree on them — clearly people have not
and do not.
Perhaps if you (
and the criticism would apply equally to Omar, since he
and I have had this debate here before, as well as numerous other benchers
and law society bureaucrats) actually addressed the substantive concerns — perhaps actually cited a source for the purported obligation to promote
equality,
diversity and inclusion generally — rather than dismissing the critics of this proposal for being inadequately woke, you might win over critics like me (
and many of the people I've spoken with).
I do think, however, that the basic calculus on each is straightforward: for the name change, accuracy
and accessibility to the public trump lawyer fondness of tradition 3
and, as for TWU
and the Statement of Principles, the rule of
law demands no less than a full - throated defence
and pursuit of
equality,
diversity and inclusion.
On September 13, 2017 Ontario's
Law Society with no name sent a now infamous e-mail to its licensees stating: You will need to create
and abide by an individual Statement of Principles that acknowledges your obligation to promote
equality,
diversity and inclusion generally,
and in your behaviour towards colleagues, employees, clients
and the public.
Marian is a partner in the employment team, advising commercial clients on a range of employment
law issues, including general day - to - day advisory work, disciplinary
and grievance issues, redundancy
and restructuring programmes,
diversity and equality matters, senior executive contracts
and severance arrangements
and team moves.
Earlier this fall, Ontario's legal regulator, the
Law Society of Upper Canada, notified its members — everyone permitted to practise law in Ontario — that they would be required «to create and abide by an individual Statement of Principles that acknowledges your obligation to promote equality, diversity, and inclusion generally.&raq
Law Society of Upper Canada, notified its members — everyone permitted to practise
law in Ontario — that they would be required «to create and abide by an individual Statement of Principles that acknowledges your obligation to promote equality, diversity, and inclusion generally.&raq
law in Ontario — that they would be required «to create
and abide by an individual Statement of Principles that acknowledges your obligation to promote
equality,
diversity,
and inclusion generally.»
We agree that
equality,
diversity and inclusion are worthy aspirations, but we disagree wholeheartedly with the
law society's approach to achieving them.
Recommendation 3 — The Adoption of
Equality,
Diversity and Inclusion Principles and Practices The Law Society will: 1) require 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; [emphas
Diversity and Inclusion Principles
and Practices The
Law Society will: 1) require 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; [emphas
diversity and inclusion generally,
and in their behaviour towards colleagues, employees, clients
and the public; [emphasis added]
This says that the
Law Society will: «require 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».
The language of «principles» as opposed to «policy» or «practice» clearly suggests belief rather than conduct,
and the upcoming educational (CPD) requirements, on
equality,
diversity and «inclusion» (the latter being a term that is undefined in the case
law but which has variously been defined by the Working Group (in the report) as «making a better space for everyone»
and (on the definitions website) with reference to RBC's corporate policy — which we can celebrate as the first time that a corporation's principles have been incorporated by reference into legal requirements!
For there to be a greater Charter violation here with the Statement of Principles, the promotion of
equality,
diversity,
and inclusion would have to be even more completely removed to the purposes
and function of the
law society, which is a challenging argument to make.
As the
Law Society has indicated, in the documentation accompanying the recommendation as well as the legal opinion that accompanied the report to Convocation, the duty to promote
equality,
diversity and inclusiveness — not only in our legal practices, but also in our public lives — is implicit in the existing rules
and obligations governing licensees,
and not a new obligation.
There is always another option for those who disagree so vehemently with an obligation to promote
equality,
diversity and inclusion,
and that is they can choose not to be associated with the
law society.
Notwithstanding the significant rhetorical committments
and complementary actions by Canadian
law societies on issues of
equality,
diversity and inclusion, it is clear that there is still considerable work to be done.
The
Law Society believes that requiring licensees to make a clear commitment to
equality,
diversity and inclusion will encourage lawyers
and paralegals to consider their individual roles in creating lasting change.
Many
equality and diversity officers enter the profession following a career in teaching,
law, social work, housing, welfare rights, HR, health or youth / community work.
She has designed
and delivered a range of training programmes including communication, employment
law,
equality and diversity, conflict
and mediation.
Our effective participation in decision making that effects us has been confirmed as essential to ensuring non-discriminatory treatment
and equality before the
law,
and recognises the cultural distinctiveness
and diversity of Indigenous peoples.
Preventing discrimination
and protecting
diversity are integrally linked through the concept of
equality as it is properly understood at international
law.
Under all our
laws equality will embrace the full force
and potential of
diversity.