Canadian Lawyer InHouse

www.canadianlawyermag.com/inhouse 39 ganization in certain initiatives. For example, a recent program was run through RioCan's HR department and supported by the legal team, requiring employees to have an ESG-related objective in their personal goals every year. "The beauty of being in legal is it gives you the opportunity to partner with any depart- ment and collaborate in a proactive way," says Suess. "Every legal department, whether a public or private company, is well positioned to consider the impact of different ESG initiatives and how they can improve the organization. We can see that they really do drive revenue because it's something our investment com- munity is focused on," she adds. In-house counsel often take sustainability and ESG efforts into consideration when selecting external counsel partners. "I use a diversity screen, so I tend not to use law firms that don't have diversity and in- clusivity as one of their objectives," says Kate Chisholm, senior vice president, chief legal and sustainability officer at Edmonton-based Capital Power Corporation. "I look for firms that have women and visible minorities in partnership and at leadership levels because I believe that law firms that have employee diversity in their own decision-making and in advice to clients are probably providing a better service." Chisholm has played a major role in many of Capital Power's sustainability and ESG initiatives including sustainable sourcing, biodiversity and examining ways to combat climate change. The organization recently announced the creation of the world's first commercial-scale carbon nanotube produc- tion facility at its Genesee power station. The objective is to incorporate carbon nanotubes into steel, aluminum and cement to reduce carbon emissions from the manufacture of those materials and to reduce greenhouse gas emissions. "There are so many more socially respon- sible investors now than there were a year or two ago," says Chisholm. "At the end of the day, those companies that don't place sustain- ability at the forefront of strategic thinking will suffer for not doing so." corporate secretary. "As in-house counsel, we are in a privileged position of having a bird's-eye view of every- thing happening throughout the organization, so that allows us to see opportunities for cre- ating new policies and cultural advancement within the organization," says Suess. Among the many initiatives implemented by Suess and her team, tenants have been asked to commit to a "green lease" clause that requires them to minimize the resources they consume and to measure their usage. In the 18 months since the clause was introduced, RioCan has seen a 90-per-cent uptake by tenants. Suess also introduced a women's initiative network two years ago to highlight the fact that, in commercial real estate, the repre- sentation of women at the senior levels has historically been quite low. The initiative, which aimed to elevate female employees, resulted in a 17-per-cent increase in women moving to the senior ranks of the organization. In addition to leading and initiating many ESG programs, RioCan's legal department also partners with other departments within the or-

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