A semi-annual report to the
Law Society of Upper Canada
(LSUC) on complaints of discrimination and harassment
within the legal profession has
shown an increased flow of calls to
LSUC’s Discrimination and
Harassment Counsel (DHC) but a
drop in the number of complaints.
In her report to LSUC’s September Convocation, DHC Cynthia Petersen explained that some
of the 98 calls were general inquiries or complaints that were outside the LSUC program’s mandate. Petersen said that of the 98
new contacts, only 20 individuals
reported specific complaints of
discrimination or harassment by a
lawyer or paralegal—below an
average volume of 28. 6 complaints per six-month period in
the last eight years.
Of the 20, three were about
paralegals. Nine of the 17 complaints against lawyers came
from other lawyers and the other
eight from the public.
Petersen said five of the nine
lawyers’ complaints came from
women. Six arose in the context of
the complainant’s employment (or
search for employment), while the
other two involved lawyers who
were professionally acquainted
but did not work together. One,
from an articling student, arose in
the context of his employment.
“
[O]nly 20 individuals
reported specific
complaints of
discrimination or
harassment by a
lawyer or
paralegal — below an
average volume of
28. 6 complaints per
six-month period in
the last eight years.
University students
contemplating going to law school
might want to consider becoming
an animal doctor instead.
Statistics Canada reported
Sept. 16 that law school
admission fees jumped 20. 7 per
cent for the 2011-2012 year — by
far the biggest leap of any
graduate school tuition fees (the
next biggest hike was 5. 9 per cent
for studies leading to an executive
MBA).
Law students continue to pay
much lower fees than, for
example, regular MBAs and
executive MBAs.
Fee increases for graduate
students rose in almost every
province, ranging from 0.1 per
cent in Alberta to 5. 5 per cent in
Ontario.
Preventing
wrongful convictions
CONTENTS
NEWS
SCC TO tackle hate, copyright and
niqab cases this fall......................1
Municipal Law
EXPERTS UNDER summons...... 14
GOOD NEWS on hiring for legal
sector: survey ..............................1
PARK PROPOSAL did not
contravene bonusing prohibition .. 16
LAW SOCIETY discrimination
counsel sees drop in complaints..2
BUSINESS & CAREERS
ARTICLING SEARCH ............... 21
JUDGE BROWNSTONE goes
prime time.................................... 3
USEFUL SMARTPHONE apps for
lawyers ...................................... 22
LI TIGATOR/LIBERTARIAN ......... 4
CONSPIRACY TORT in family law
gets thumbs down..................... 27
ONLINE NETWORKING full of
potential pitfalls.......................... 23
posted on the Internet, which the
complainant believed could
adversely impact his legal career,”
Petersen stated. The female law-
yer who complained about preg-
nancy-related discrimination at
work “also complained about
discrimination based on family
status (i.e., discriminatory prac-
tices and systemic barriers to
career advancement for mothers
in her workplace).”
A male lawyer complained
about comments by a female law-
yer which he characterized as sex-
ist (anti-male) and he believed
could damage his legal career.
Petersen said two of the com-
plaints were race-based, both by
men “from racialized minorities;
one was a lawyer and the other an
articling student. Both complained
about disrespectful treatment in
their workplace and about sys-
temic barriers to advancement
within their employment.”
Only one complaint was based
on a disability. “An unemployed
lawyer with a disability complained
about systemic barriers to obtaining
employment and about inappro-
priate/discriminatory questions
asked by prospective employers
(lawyers) during job interviews.”
There was also one complaint
from a lawyer based on alleged
age discrimination. “The com-
plainant alleged that she was
being forced to retire from work
because of her age,” Petersen said.
A new report this month on
wrongful convictions reveals that
all Canadian jurisdictions have, or
are, reviewing their use of hair
microscopy evidence to determine
whether any criminal cases should
be reopened.
The provincial and federal
moves implement a
recommendation of the 2007
Driskell Inquiry in Manitoba. The
most formal reviews have been in
Ontario and B.C., according to the
report, “The Path to Justice:
Preventing Wrongful Convictions.”
The report was prepared by a
committee of senior prosecutors
and police officers under the
auspices of the Federal/Provincial/
Territorial Heads of Prosecutions
Committee. The report notes that
neophyte and veteran prosecutors
and police alike now receive
regular training on the factors that
can contribute to wrongful
convictions, including tunnel vision,
eyewitness misidentification, false
confessions, use of in-custody
informers and inappropriate use of
forensic evidence and expert
testimony.
HIRE THE right job candidate the
first time around......................... 24
OPINION
CanLNC launches
class action support service
MICHAEL RAPPAPORT.............. 5
FOCUS
Dermot Nolan is one of a group of lawyers who founded the
Ontario Trial Lawyers Association. Incorrect information appeared in
our Sept. 23 article “Line between law, drama blurs.”
Clarification
Information Technology
STATUS UPDATE: service by
Facebook ...................................... 9
DRAFT ANTI-SPAM regulations
pose challenges ........................... 9
DEPARTMENTS
RICHES, MCKENZIE & HERBERT LLP
PATENTS, TRADE MARKS, COPYRIGHT, LITIGATION
BARRISTERS & SOLICITORS - PATENT & TRADE MARK AGENTS
CANADIAN PATENT Office
releases new guidelines............. 10
10 TIPS for reviewing technology
licences ...................................... 11
STEPS TO take after a corporate
data breach................................ 13
Announcements. . . . . . . . . . . 25
Careers ................. 21
Classified Ads ............ 19
Lawddities............... 15
Legal Briefs...............2
Names in the News......... 4
Weekly Digest............ 17
PAUL HERBERT, B.SC., PHM., R.PH, LL.B., J.D., PH.D.
DAN HITCHCOCK, B.ENG. (ELEC. ENG.), LL.B.
JEFF PERVANAS, B.A.SC. (ENG. SCI.), LL.B.
BOBBY ATHWAL, B.A.SC. (MECH. ENG.), M.A.SC., LL.B., J.D.
BYRON THOM, B.A.SC. (ENG. SCI.), LL.B.
BRAN T LATHAM, B.A.SC. B.SC. (CHEM. ENG.), LL.B.
GARY M. TRAVIS, B.SC. (GEOL.), LL.B.
MICHAEL ADAMS, B.ENG. (MECH. ENG.), B.SC., LL.B.
MICHAEL YUN, B.SC. (BIOCHEM), J.D.
TRADE MARK AGENT MARTA TANDORI CHENG
2 BLOOR ST. EAST, SUITE 1800
TORONTO, ONTARIO M4W 3J5
ESTABLISHED 1887
TELEPHONE: (416) 961-5000
FAX: (416) 961-5081
E-MAIL: riches@patents-toronto.com
Canada Legal Nurse Consultants
(CanLNC) Experts, a provider of
healthcare experts to the
Canadian and U.S. legal
communities, recently launched a
class action support service. The
service will provide analysis,
medical record review and
summarization for plaintiff or
defence class action lawyers by
offering teams of healthcare
experts to analyze large volumes
of healthcare information. The
service was introduced in
response to feedback CanLNC
Experts received from their
previous involvement in class
action lawsuits.
