One of the greatest gifts is the gift of time, and what better example than mentoring is there? “Mentoring is a brain to pick, an ear to listen, and a push in the right direction,” said educator John Crosby. The legal profession can excel at mentoring, but it needs a more diverse core of mentors to reflect Canadian society and support diversity within the profession.

During a panel discussion for the National Women Lawyers Forum and the Standing Committee on Equity during the 2007 Canadian Legal Conference in Calgary, Chief Justice Beverly McLachlin spoke on the issue of women leaving the private practice of law. She identified mentoring as a means of supporting women and changing attitudes. Mentoring might be said to fulfill similar aims for all underrepresented groups within the profession.

Mentoring in law includes the development of a relationship to provide assistance, perhaps even coaching, on the ways and means of the profession. Often there are a lot of ways to acquire technical skills, but fewer avenues to develop professional skills and know-how. The difficulty of finding mentors can be a huge challenge.

Mentoring programs – some established and some in development – are being offered through provincial bar association sections and law societies. As mentors, we need to support these programs. Many of us were the “firsts” in a particular firm, clinic, or in-house department, and we know first hand how difficult it could be. More pointedly, there usually wasn’t anyone we could talk to about these difficulties because the other lawyers “just did not understand.” As a result, a lot of us dropped out of the profession.

We can make it easier for those lawyers who follow, by providing an ear and understanding. We can provide mentorship by helping mentees develop their confidence and self-awareness. We may also provide advice when asked, in such a way that the mentee can take it and make it their own.

There is a lot of material on the subject of mentoring, but the best tip for mentors is to concentrate on the mentees’ strengths, less so on their weaknesses, in order that their strengths continue to develop. A mentor wants to think about what they stand for; what difference they make; and what can be done to make the difference. In turn, the mentor will help the mentee through the same process.

As law schools become more reflective of society, mentors need to ensure that the profession continues its path toward greater diversity and broader attitudes.

Work/life balance is tough for any lawyer to achieve, but a new support plan can help make it easier.

The Law Society of Manitoba is pleased to announce the launch of the Parental Leave Support Plan. It will provide free coaching sessions and is designed to help lawyers plan for maternity and parental leave.

The law society launched the Parental Support Program on Oct. 15, 2008, with special guest speaker, Kirby Chown.

The plan is modelled after a program introduced at McCarthy Tétrault LLP. Kirby Chown is the firm’s Ontario regional managing partner. Ms. Chown discussed how this program can support the recruitment and retention of talented legal counsel who are seeking a balance between work and family life. The program was well attended with 25 lawyers from large, medium, and small firms.

Law Society of Manitoba President Grant Mitchell, an experienced practitioner of balancing work and family, chaired this session. As Equity Ombudsperson over the last seven years, I’ve spoken frequently with lawyers trying to balance family and professional responsibilities.

My own life experience is also conducive to implementing this innovative service: while I was a student at the University of Manitoba Faculty of Law, I gave birth to my first child in the middle of second year. My second child was born just four months after I graduated. I used to joke that law school for me was both productive and reproductive!

Then, when it came time for me to article, I became the first person in Manitoba to complete her articles part-time, in order to accommodate both my personal and professional responsibilities. 

That’s part of the reason I’m looking forward to conducting six complimentary one-on-one sessions with every lawyer who accesses this program. Blue Cross will also offer support for this important service.

I will offer two sessions prior to the lawyer’s parental leave, two sessions during the parental leave, and two sessions when the lawyer is back in the office following his/her leave.

The issues covered can include transitioning to becoming a new parent, childcare, and practice re-integration once you return from leave.

The lawyer’s spouse or partner is welcome to join the sessions.

I’m looking forward to working on this program, and to consulting with any Manitoba law offices who are interested in using the service.

So far, there’s been a great deal of interest in this program.

Law Society of Manitoba Deputy CEO Marilyn Billinkoff, whose idea it was to bring the program to Manitoba, said it well when she wrote:

Lawyers on leave must typically fend for themselves in dealing with the challenges of becoming new parents and managing the demands of career and home. Many women leave practice because they handle more of the family’s childcare responsibilities and find it difficult to balance the pressures of children and paid work. Some men leave practice because they are spending all their time at the office and are never at home with their kids.

Accessing the new Parental Support Plan can help improve lawyer work/life balance.

British Columbia update
By Lindsay Waddell
Community Legal Assistance Society, Vancouver (Secretary, CBA BC Equality and Diversity Committee)

The CBA BC Equality and Diversity Committee, chaired by Patricia Taylor, has identified priorities for the 2008/2009 year:

• Distribution and promotion of the CBA Equity and Diversity Guide to BC firms and lawyers.
• Working with other organizations to gather data and information about diversity within the profession.
• Offering support to the Law Society of British Columbia’s Retention of Women in the Law Task Force.
• Recognizing the accomplishments of lawyers from diverse communities.
• Increasing the profile of the CBA BC Equality and Diversity Award.
• Educating the committee through various means.

These and other priorities will be carried out this year by a committee of approximately 14 members – a strong mix of new and incumbent members. Among the themes running through the priorities, the committee has identified communication – particularly communication with other groups within the profession that may be undertaking similar projects. If your organization's activities touch on these priorities, the CBA BC Equality and Diversity Committee would be happy to hear from you.

The Committee may be contacted through Lindsay Waddell.

Manitoba update
By Candray D. Mehkary
Mercier Dueck, Winnipeg (Co-Chair, MBA, Equity Issues Section)

In Manitoba, the provincial Equality Issues Section got back on its feet in fall 2007, with Beth Tait-Milne and me stepping in as co-chairs. Since that time, we've hosted a Law at Lunch session, in conjunction with the Aboriginal Law Section, which provided an update to the McIvor case. Glynis Hart, who was counsel for the federal government, and Professor Karen Busby, both spoke at this event. An issue in McIvor was whether provisions of the Indian Act granting Indian status violated section 15 of the Charter on the basis of gender.

We also co-sponsored a presentation at the Midwinter Meeting of Council in February 2008, in which gender issues throughout Supreme Court decisions were canvassed, and in June 2008, we held a session introducing the Canadian Bar Association’s recently released Equity Guide.

In October 2008, our section co-sponsored an event with the Women Lawyers Forum titled “Women, Wine and Song.” The event focused the evolution of voting rights for Canadian women in honour of the 90th anniversary of women’s right to vote.

We look forward to hosting events in the upcoming months, including a panel discussion about the Kapp decision’s impact on the Law test. We hope to have a Law at Lunch session in which students in the human rights course at the Faculty of Law of the University of Manitoba will present on new and upcoming equality and human rights issues.

We look forward to seeing our members and others who are interested at our upcoming events!

Ontario update
By Shelley Timms
Timshel Services Inc., Toronto (OBA – Equal Opportunity Committee)

Ontario’s Equal Opportunity Committee has been hard at work under Chair Arleen Huggins. Subcommittees include disability/accommodation, diversity, and court accessibility. Committee members have been addressing issues such as proper interpreter services at administrative tribunals, and reviewing the possibility of a northern Ontario law school. In addition, the EOC has insured that it has membership on the Ontario Bar Association’ Public Affairs and Judicial Appointments Committees. Finally, at the request of the EOC, this year’s Law Day high school mock trial problem will place attention on hate crimes. It is hoped that many high school law classes will be encouraged to explore and discuss the issues raised.

The 2009 mock trial fact situation can be found at the OBA website under Law Day – Secondary school mock trial competition.

Quebec update
By Tamara Thermitus
Department of Justice Canada (Equity Committee, Québec Chair)

We are pleased to announce that Equity Committee Chair Marie Laure Leclerq, on Nov. 19, 2008, became President of the CBA-Quebec Branch. We would like to express our thanks for her invaluable contribution to the work of the Equity Committee.

As the new Equity Committee Chair, I would like to take this opportunity to introduce myself. I’m a litigation specialist who has worked in a broad range of practice areas since being called to the Quebec bar in 1988. In 2003, I participated in the negotiations which led to the settlement of class actions brought by former students of residential schools.

From 2000 to 2003, I served as chair of the federal minister of justice’s Task Force on the Participation of Visible Minorities in the Federal Public Service, and since 2003 I have chaired the Quebec bar’s Diversity Committee.

During a  meeting of Quebec law firms in November, 2008 CBA President Guy Joubert emphasized the importance of equality and diversity. He noted that the CBA’s strategic plan and the CBA Futures Committee’s report Crystal Clear identified equality and diversity as priorities for the CBA. Within that framework, the Equity Committee works to provide concrete support for these priorities.

During the Equity Committee’s business meeting last April, the establishment of a Quebec branch of the Sexual Orientation and Gender Identity Conference was approved. More than 50 lawyers attended the first meeting of SOGIC-Quebec, held on April 24.

Finally, on Nov. 7, 2008, the Quebec branch of the Women Lawyer’s Forum held its second networking luncheon, an event that was extremely well received.

Since our last report in July 2008, we have continued to work on events and projects designed to address issues of equity in the legal profession and the provision of legal services. Some highlights of the Standing Committee on Equity’s current work:

CLE on Reasonable Accommodation at the Quebec City CLC

In collaboration with the Human Rights and Constitutional Law Section, the SCE sponsored a highly interesting CLE session at the Canadian Legal Conference in Quebec City last August. A panel composed of Professor Lucie Lamarche (University of Ottawa), Professor Pierre Bosset (University of Quebec at Montreal), and Irfan Syed (Kutty, Syed & Mohamed, former Chair of the Muslim Lawyers’ Association), considered what constitutes reasonable accommodation and outlined the associated challenges. In particular, the panel explored some of the difficult issues examined in the report of the Taylor-Bouchard Commission in Quebec.

Touchstones Award

The Touchstones Reception is one of the must-attend events of every CLC. The Touchstones Award, given in recognition of the efforts of an individual or organization towards the achievement of greater equity in Canadian society, was awarded to Madam Justice Corinne Sparks of Nova Scotia. Two awards sponsored by SOGIC were also presented at the reception; the Hero Award, to Joanna Radbord, and the Ally Award, to Madam Justice Claire L-Heureux-Dubé.

Unrolling the Equity and Diversity Guide

Much of the work of the committee over the coming year will be devoted to ensuring that the Equity and Diversity Guide unveiled in 2007 becomes a working document rather than an adornment on library bookshelves. The Guide, which includes materials for facilitators, lists of resources and several helpful videos, is intended to be used by law firms and legal organizations as a tool for self-assessment and as a basis for adopting policies which will address equity issues. In the coming months, our Committee will be working on developing training programs to assist with the use of the Guide. The Guide is now available online; the videos, with the accompanying facilitator’s guide, It’s About Respect, are also available online. If you have any questions, or wish to ask about obtaining the assistance of someone in your area to help you use the Guide, please email the SCE staff liaison, Kerri Froc.

Self-identification data

One of the barriers to addressing equity issues in the Canadian legal profession has been the absence of baseline information about the number of women, racialized persons, persons with disabilities, and aboriginal people who enter the legal careers. Though law societies and the CBA have gathered information about the representation of women in various legal careers, privacy and other concerns have prevented these bodies from requesting their members to self-identify, even on a voluntary basis. Our committee, in co-operation with equity committees in the branches, will be making inquiries of each law society to determine what self-identifying information is asked of members, and to promote the gathering of information using categories established by Statistics Canada, in order to make cross-jurisdictional comparisons. Many equity-related questions – what kinds of legal careers do traditionally underrepresented groups choose? Are members of these groups leaving the legal profession in disproportionate numbers? – cannot be answered until this kind of information is available.

Employment insurance coverage for the self-employed

In preparation for an approach to the federal government concerning the possibility of extending the program of maternal and parental leave benefits under EI legislation to cover self-employed persons, a research study was commissioned from Richard Shillington on the potential cost of this additional coverage. On Dec. 18, 2008, a letter over the signature of CBA President Guy Joubert was sent to the Hon. Diane Finley, minister responsible for HRSDC, enclosing this report and asking for an opportunity to discuss the matter further.

Committee business

The Standing Committee on Equity was able to meet face to face in early November; this gathering included a number of branch representatives. There have been several member updates to the Committee, which I’d like to share: our Chair Janet Oh (Quebec), and long-serving member Trinda Ernst (Nova Scotia) both stepped down, though fortunately they both continue to be involved in the equity work of the CBA in various ways - Janet in following up on training strategies for the Guide, and Trinda as a member of the national Elder Law Section, and on the executive committee of the Women's Lawyer's Forum. We also have several enthusiastic new members: Cynthia Scheible (Alberta), Level Chan (Nova Scotia), and Amy Gough-Farnsworth (New Brunswick), who join myself (Saskatchewan), Catherine Cushman-Biddle (Northwest Territories), Aleem Bharmal (British Columbia), and Sandra Phillips (Manitoba), on the Committee.

We extend our thanks to three members of CBA staff who have provided support to this Committee – Jennifer Lalonde, Marie-Claude Noël (who is currently on maternity leave), and to our staff liaison, Kerri Froc.