The Law Society of Ontario is soliciting feedback on "governance and electoral reforms.”
If you live in Ontario, listen up because this affects YOU, and there’s something you can do about it.
The board currently running the LSO ran as a slate on a pro-EDI platform in 2023.
They’ve put forward a proposal that would appear to entrench their power, and reduce the likelihood that anyone who opposes their pro-EDI agenda will gain control in future elections.
A bit of history before I explain their worrisome proposal.
In 2016, the LSO received a report that purported to find systemic racism in the profession. The report's reasoning and methodology were deeply flawed.
Nevertheless, the LSO passed a new rule requiring Ontario lawyers to EXPLICITLY mouth their “obligation to promote EDI."
Needless to say, many lawyers were angry about this blatant violation of freedom of expression, opinion, thought, belief & conscience.
A group of pro-liberty lawyers called StopSOP got together and took over roughly half the seats on the board in the 2019 election.
This was enough to force the board to make the EDI statements voluntary.
But the pro-EDI folks were NOT pleased, and they organized a comeback in 2023 under a slate called the Good Governance Coalition.
GGC won all 40 elected lawyer seats. The "stop woke" slate got none.
What the GGC benchers are proposing to do now is NOT, in my view, democratic.
Currently, there are 53 “benchers” (board members): 40 elected lawyers, 5 elected paralegals, and 8 government appointees.
The board is now proposing to change this to 14 elected lawyers, 2 elected paralegals, 4 government appointees and....
10 MEMBERS APPOINTED BY THE BOARD 🚨🚨🚨
The result? Elected lawyers will no longer be a majority, and a third will be appointed by the current board.
This is like Doug Ford’s government changing the law to allow cabinet to appoint a third of MPPs in the election later this month.
Hmmm? I wonder what kind of people he would choose. Hint... he'd choose people who agree with Doug Ford and will continue his policy direction.
This is the business of every Ontarian, since YOU, through your MPPs, have given lawyers the privilege of regulating ourselves.
The LSO decides who can become a lawyer, what training we need to do (it currently includes an hour annually of EDI), and what fees we are charged.
If the LSO comes to be viewed as undemocratic, then the government may just take back regulation for itself.
That would be bad, because lawyers can’t hold the government to account and protect people’s rights if the government can wield power over lawyers.
As an Ontarian, YOU are entitled to offer feedback between now and January 31.
I would encourage you to do so using this form in a civil and constructive manner.
I love Canada but there's so much about it that's been frustrating lately. I just went to Japan for the first time and it really highlighted just how bad things have gotten here. Rather than wallowing in self-pity, I've decided to share my top 5 things we can learn from Japan. 👇
1. People still have manners. They don't talk loudly, play music in public or cut in lines. They say please & thanks. They respect personal space. They even bow to each other! These small gestures cost nothing but make life better. We used to have manners. Let's try that again!
2. People take pride in their work. This is true even for those with non-glamorous jobs. The result is that trains run on time, everything is spotlessly clean from restaurant kitchens to public toilets & most restaurant meals are 10/10. Let's try taking pride in our work again.
Day 2 of U of T's motion for an injunction against @occupyuoft Yesterday we heard from U of T. Today we'll hear from the encampment's lawyers @cvangeyn & I will have a full recap on the Not Reserving Judgement YouTube tonight & podcast. Follow along live👇 youtube.com/channel/UCEMCG…
Encampment lawyer starts by informing the judge that the supporters wearing keffiyehs were accosted by people in the courthouse.
Encampment lawyer quotes Mohammed Yassin, a respondent who explained that they feel urgency because "there is an ongoing genocide in Palestine, and Gaza specifically" and their families are getting killed.
At the U of T encampment injunction motion. Up first is M. Jilesen for U of T. Justice Koehnen presiding. Jilesen says the question the court must answer is do the respondents have a right to expropriate property for their use excluding the perspective for others? Follow along👇
M. Jilesen says the Charter does not apply to universities, and that the Court does not need to consider the Charter on an injunction. Jilesen says even if Charter were to apply to U of T's policies, they are justified limits on Charter rights to expression/assembly
While we wait for technical problems to be resolved I'll say that I'm very interested in the question of whether the Charter applies to the decision to enforce trespass laws against the encampments. I have my doubts that it does. Read more here: nationalpost.com/opinion/josh-d…
People keep asking the @CDNConstFound: "Where's the line between legal speech and hate speech?"
The problem is, we don't exactly know.
If you can't see the line, you stay silent to avoid the fine.
That's why C-63 is such a big threat to free expression.
Allow me to explain👇
In 2014, the Supreme Court of Canada said in the R v Whatcott decision that hatred is only the "most extreme manifestations" of the emotion captured by the words "detestation" and "vilification."
Only that type of speech can be outlawed without violating s 2(b) of the Charter.
Whatcott says this does NOT include expression which, “while repugnant and offensive, does not incite the level of abhorrence, delegitimization and rejection that risks causing discrimination or other harmful effects.”
That speech is protected.
Reading the new Online Harms Act. Will flag some sections that raise free expression concerns as I go. 👇
S. 55(1) would require social media companies "implement measures to mitigate ... risk users ... will be exposed to harmful content" including "content that foments hatred."
S. 55(3) says the measures cannot "unreasonably" or "disproportionately" limit users' expression.
This is a concerning low bar. The Charter only allows such limits as are demonstrably justified in a free and democratic society.
Section 59(1) would require social media companies to allow people to flag content they believe is "harmful," which includes content that "foments hatred" or "incites violence" or "re-victimizes a survivor" (presumably of sexual assault). This will certainly chill some speech.
Criminal hate speech laws in Canada are poorly understood.
I keep getting asked, so here's a quick primer.
Hate speech is difficult to define and risks chilling free speech. However, Parliament chose to criminalize it and the Supreme Court upheld that choice in R v Keegstra.
Hate speech is objectively defined so it doesn't matter whether an individual was offended.
What matters is whether "a reasonable person, aware of the context and circumstances surrounding the expression, would view it as exposing the protected group to hatred." (R v Whatcott)
“Hatred” is "restricted to those extreme manifestations of the emotion described by the words 'detestation' and 'vilification.'"
Speech that is merely "repugnant," "humiliating" or offensive" is NOT hate speech and cannot be outlawed in Canada. (R v Whatcott)