Thread by @JacquesGallant

Full house this morning at the Law Society board meeting to decide the fate of the statement of principles thestar.com/news/gta/2019/… via @torontostar

Treasurer Malcolm Mercer is re-elected head of the law society in a 31-22 vote against anti-statement of principles new bencher Chi-Kun Shi.

Shi moves a motion that the election of Mercer be unanimous. Says there are differences among benchers "but I think we are going to be just fine because of the dedication, talent, energy and will to serve in this convocation."

Bencher Etienne Esquega raises point of order, suggesting apparent conflict of interest by Murray Klippenstein&Ryan Alford as they have pending judicial review applications to quash the statement of principles. Says this is personal interest and they should refuse themselves.

Bencher Julian Falconer says Klippenstein should table his motion to abolish statement of principles requirement, "unplug (his and Alford's) litigation for which they have a private interest, and let's come back in 30 days and do this properly."

"Just get rid of the private stake and let's argue the issues properly," Falconer says of Klippenstein and Alford.

"This raises serious allegations against myself and bencher Klippenstein," says Ryan Alford of motion for the two to recuse themselves. He says he saw the formal motion at 7:45 a.m. today.

"The well today has been quite effectively poisoned by these very serious allegations," Alford says to applause.

"There's nothing in it for me," Klippenstein says of the litigation around the statement of principles, which he calls public interest litigation. "Joining that was about the nuttiest thing I could do."

"I'm encouraging cooler heads to prevail. Table" the motion until litigation on statement of principles is scrapped, Falconer said. Or proceed today but Alford and Klippenstein should have to recuse themselves, he says.

"Right now it's not a clean process" Falconer says.

On break till 11 a.m. and the Law Society still hasn't actually started debating the statement of principles.

Back from break. Treasurer Malcolm Mercer rules against Falconer's motion for Klippenstein and Alford to recuse themselves on statement of principles motion. Falconer wants 10 minutes to consider appealing.

There is going to be an appeal of Mercer's ruling, working out process now.

Currently at the Law Society there's a debate about how to debate whether two benchers should debate the main issue today. Lawyers.

Appeal fails in 41-12 vote, Klippenstein and Alford will be able to take part in statement of principles debate. Mercer thanks benchers for not applauding (there's been some of that this morning.)

Motion to abolish statement of principles requirement will soon be presented. There's also a motion to amend the main motion, and a motion to amend the amendment. Not enough coffee in the world for this.

Klippenstein on scrapping the statement of principles: "This was unexpectedly but most certainly the main issue in the recent election in which the voters spoke resoundingly."

Alford wants to debate main motion first before hearing amendment motions. Treasurer rules against that, and now Alford wants to appeal.

Treasurer says it's a question of procedure and not appealable. Alford now wants to know if he can appeal the ruling that his request is not appealable. Treasurer says no.

Klippenstein on SOP: "I recall the shock, the disbelief when I saw I was going to be compelled, coerced, by force of law, to publicly promulgate principles that someone else had dictated to me."

Klippenstein on report from Challenges faced by racialized licensees working group which recommended SOP, and other reports he said he's reviewed: "I find so many errors, so many misleading statements, and frankly misrepresentations. It is an awfully sad mistake and a mess."

Bencher Cheryl Lean, who is seconding Klippenstein's motion, says the statement of principles requirement "is the first step to tyranny."

Bencher Joe Groia now up. Wants to amend motion so that statement of principles becomes voluntary and not completely abolished.

Groia says even the decision not to accredit Trinity Western University "did not cause as much heartache and upset as the statement of principles."

Bencher Atrisha Lewis, who supports the statement of principles, speaking now. "To those who think this is about freedom of expression, don't be fooled. This is about denying the existence of racism."

Anti-statement of principles bencher Sam Goldstein specifically addresses the 8 lay benchers, who hold the balance of power in this vote. Six were appointed by the Ford government in May.

"It is not getting rid of the statement of principles that is going to bring shame on the Law Society, it is the adoption (of it)," Goldstein says.

So far during statement of principles debate at Law Society have heard "authoritarianism," "tyranny," "thought police," "Stalin" and "Pol Pot."

Anti-statement of principles bencher (can't see name tag) says the statement of principles addresses systemic racism "that exists only among those people who happen to have parents who are white." He says SOP "is functionally, morally wrong."

Bencher Sidney Troister saying diversity includes diversity of views and says he'll vote in favour of amended motion.
We're at least an hour away from the vote on the statement of principles. Could be longer because when a lawyer says they'll be brief, they never are.

Voting maybe before 5. Motion to repeal the statement of principles entirely. Motion to amend, to encourage lawyers to voluntarily adopt an SOP. And motion to remove clauses in amendment that lawyers could tell the law society they have an SOP and society provide tally annually.

Going on break till about 4:45 then voting begins.

Voting now on Groia motion to amend motion repealing the statement of principles. Groia's motion would encourage lawyers and paralegals to voluntarily adopt a statement of principles.

Groia's motion to amend CARRIES 27-4

Mover Murray Klippenstein withdraws his motion to repeal the statement of principles requirement because he will not accept that it be amended. Unclear what happens now.

Groia proposing this amendment motion, which carried, now become the main motion and that the statement of principles become voluntary. There are so many points of order on this right now.

Treasurer saying the benchers will vote on the Groia amendment now as the main motion, which would encourage licensees to voluntarily adopt a statement of principles.

Now a bencher wants to recess for 5 minutes to consider whether this should be adjourned to a special convocation in the summer.

To recap: motion to repeal statement of principles requirement has been withdrawn by Klippenstein. Bencher Joe Groia's motion to amend, which would encourage lawyers to voluntarily adopt an SOP, carried and now he wants it to be the main motion. No vote yet; on short break.

There is now a motion to adjourn which would leave us right back where we were this morning.

Motion to adjourn fails 28-24

Benchers now voting finally to make statement of principles voluntary or leave it mandatory.

I deleted a tweet that said the statement of principles requirement will remain mandatory following a vote. That is the case currently, but benchers are now trying to bring the motion to repeal the statement back.

This law society meeting is so deep in procedural hell right now. Appeals, amendments, abuses of process, points of order. Still no closer to a final decision on the fate of the statement of principles.

There is now another motion to adjourn. Some benchers have left.

Motions to encourage a voluntary statement of principles and to scrap it entirely are both back on the table. Treasurer Malcolm Mercer says we're "in an infinite loop" and Julian Falconer calls it a "gong show." Again pushing for an adjournment.

Treasurer and the secretary have now left the room to decide what to do.

There are at least two benchers who had phoned in but who are no longer on the line which has resulted in several tie votes today.

Treasurer Malcolm Mercer has now decided to adjourn until a special meeting in July. So statement of principles remains mandatory for now and situation no different than this morning. Meeting over. Goodbye.