In Canada, the legal profession is regulated provincially. Seven years ago, the Law Society of Ontario (which then was still called the Law Society of Upper Canada) created a working group to address “challenges faced by racialized licensees” in Ontario’s legal profession. The working group reported in 2016 that it had discovered “systemic racism” in the profession. While no one will dispute that elements of racism can be found in parts of Canadian society, the collected survey data did not support the conclusion that racism in my profession is widespread and serious. Nevertheless, in December, 2016, Convocation (the legislative body that governs the Law Society) adopted a set of 13 recommendations on the topic. Times being what they are, no one felt comfortable putting the brakes on this process, despite misgivings. The idea that racism was rampant, and that heavy-handed measures were required to address it, took on a life of its own.

One of the listed recommendations was that the Law Society should “require every licensee to adopt and to abide by a statement of principles acknowledging their obligation to promote equality, diversity and inclusion generally, and in their behaviour towards colleagues, employees, clients and the public.” When the Law Society announced this new requirement the following September, its advisory also stated that we Ontario lawyers should “demonstrate a personal valuing” of these principles.

Despite the fact that I always have been a strong advocate for “equality,” this development left me flabbergasted: Our regulator was demanding that lawyers and paralegals draft and then obey a set of specific political ideas—both in their personal and professional lives—as a condition of their license.

Failure to prepare a personal statement of principles in keeping with the Law Society’s directive would likely result (after a short reprieve for re-education) in sanctions, such as an administrative suspension. (The Law Society has not formally announced what the penalty will be, except to say that “progressive measures” would be applied.) Lawyers who are suspended are not permitted to practice law. Their refusal to embrace these values would put their livelihood in peril. The Law Society was prescribing, effectively with the force of law, what to say and what to think. I never imagined that I would ever see such a thing in Canada.