Ontario lawyers must say they promote equality, or else after law society rejects exemption for conscientious objectors

An Ottawa lawyer compared the controversial statement of principles to Bart Simpson writing ‘I will not be a bad boy again’ on the blackboard — an empty gesture

Lawyers and paralegals in Ontario will be required to adopt and abide by a controversial statement of principles in order to remain licensed by the Law Society of Upper Canada.

The rule was officially adopted late last year, one of many reforms to address systemic racism in the province’s legal profession. But it has not yet been enforced, and a recent motion sought to allow members to abstain from making the statement on grounds of conscience or faith.

After a heated and protracted debate at the law society’s governing convocation, this motion failed at midday Friday, meaning the rule is valid and will be enforced.

The official tally was not immediately available, but the vote was not overwhelmingly against. Many expressed support for the exemption for conscientious objectors, proposed by prominent Toronto lawyer Joe Groia.

Friday’s debate was not mainly about the content of the statement. Benchers on all sides repeatedly declared that support for diversity and equality was a fundamental value universally shared in the legal community. The objection was on the requirement to declare one’s obligation to promote these values, which Groia described as compelled speech.

Even if someone means it, they should not be forced to say it, he argued. If they do not mean it, the statement is hollow and false. Groia said the law society should “find other and better ways to advance those goals” of equality and diversity.

One bencher compared it to a U.S. case about forcing children to stand for the Pledge of Allegiance, which was rejected as a violation of free speech.

full story at http://nationalpost.com/news/canada/ontario-lawyers-must-say-they-promote-equality-or-else

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