As the shit of post-modernism continues to ooze out of the universities, more and more institutions fall beneath the advancing sludge. My long-lasting distaste for the Ontario bar association (the Law Society of Upper Canada) is now more fully justified. Lawyers in Ontario are now being required to confess their sins of racism and repent.
LATEST UPDATE – September, 2017
|Lawyers and Paralegals – Here’s what you need to KNOW AND DO for 2017:|
|1. Adopt a Statement of Principles (mandatory)|
|2. Create, Implement, Review a Human Rights/Diversity Policy (mandatory for legal workplaces of 10 or more licensees)|
|3. Participate in the Inclusion Survey (non-mandatory)|
Lawyers are not merely being asked to implement programs they may not believe in, they are being asked to sign acts of confession that the policies they are being asked to implement are true, just, and appropriate. Jordan Peterson’s concern for being made to say imaginary pronouns invented by transsexuals was but the harbinger of a totalitarian impulse that will soon affect us all.
The Law Society writes:
All lawyers and paralegals play a vital role in Accelerating Culture Shift, one of 5 strategies adopted by the Law Society to address the barriers faced by racialized licensees.
As part of this strategy you are required 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. (Recommendation 3(1) in the Challenges Faced by Racialized Licensees Working Group’s Final Report)
The Law Society will ask licensees to report on this in their 2017 Annual Report.
This requirement applies to all Law Society licensees. A licensee is anyone who is licensed to practice law or provide legal services and includes retired licensees, licensees working outside of Ontario and licensees not currently practicing law or providing legal services.
Creating a Statement of Principles
The Law Society has developed resources to help in creating your personal Statement of Principles.
We have provided templates of two sample statements. To satisfy the requirement you may adopt and abide by either statement. Please feel free to modify the statements or create your own that meets the requirement. Statements of Principle must be in writing.
To help achieve the objectives of valuing equality and enhancing diversity and inclusion, I have adopted this Statement of Principles.
No Discrimination or Harassment
I am aware that under the Human Rights Code every person has the right to be free from discrimination and harassment in employment.
I acknowledge my obligation not to discriminate against, nor harass, any person on the basis of the grounds under the Human Rights Code with respect to my employment of others, or in professional dealings with other licensees.
I acknowledge my obligation not to tolerate, condone, or ignore any form of Human Rights Code-based harassment or discrimination in my legal workplace, or in professional dealings with other licensees or any other person.
I acknowledge that the right to be free from discrimination and harassment applies to everyone at my legal workplace: clients, partners, associates, students, paralegals, legal assistants, or other employees.
Abide by Workplace Policies
I agree to review, understand and abide by all policies in my legal workplace that prohibit harassment and discrimination, and that encourage diversity and inclusion on the basis of the grounds set out in Human Rights Code or other grounds.
I will report any observations or allegations of harassment or discrimination.
If asked, I will cooperate in any investigation and complaints procedure at my legal workplace.
I will not reprise against, or threaten to reprise against anyone for making a formal complaint of harassment or discrimination, or for cooperating in any investigation.
Promote Diversity and Inclusion
To promote diversity and inclusion I agree to:
review, understand and abide by any and all of my legal workplace’s policies that encourage diversity and inclusion on Human Rights Code or other grounds;
encourage a culture of inclusion and diversity at my legal workplace, in order to help attract and retain the best talent and better serve my clients’ needs;
support strategies in my legal workplace (and beyond it, where appropriate) that prioritize diversity and inclusion on Human Rights Code and other grounds in hiring, promotion and retention decisions;
cooperate and engage in any efforts of the Law Society, my legal workplace and others to advance equality, diversity and inclusion in the legal profession and in the broader community;
Serve Clients/ the Public
I am aware that under the Human Rights Code, every person has the right to be free from discrimination and harassment with respect to the provision of services, including legal services.
I will provide legal services in a manner that is courteous and equitable, without discrimination or harassment.
I will ensure that no client or prospective client is denied services or receives inferior service on the basis of the grounds set out in the Human Rights Code.
I will respect both the letter and spirit of human rights legislation in professional dealings with other licensees or any other person.
Recall that this constitutes words being put into people’s mouths: you the Ontario lawyer are being required to sign your adherence to nebulous concepts such as diversity, inclusion, harassment and equality.
Let’s look at “equality” as the Law Society defines it.
The Supreme Court of Canada has held that equality is an “elusive concept” that “lacks precise definition.” * Equality does not mean treating all people the same for all purposes. In Canada, court decisions at all levels make it clear that both the Charter of Rights and Freedoms** and human rights legislation aim to achieve “substantive” rather than a “formal” equality.
Whereas “formal equality” involves “equal treatment for those in similar situations and different treatment for those in dissimilar situations” (‘treating likes alike’),” *** “substantive equality” does not always require treating all people the same.
Substantive equality, rather, is aimed at “recognizing and responding to difference and remedying discrimination and stereotyping.” **** It requires “acknowledgment of and response to differences that members of a particular group might experience” in order to be treated equally.*****
To be clear, it is substantive equality that human rights/diversity policies in legal workplace should be aiming for.
The Official Religion of our times is not Christianity. It is the religion of perpetual striving after equality, which is really equality of result, not of opportunity. It is an ideology that will provide endless opportunity for official interference in private affairs, the perpetuation of grievance, the cultivation of envy, and the violation of individual conscience. This is not accidental; it is its post-modernist purpose.