Canadian Lawyer

w w w . C A N A D I A N L a w y e r m a g . c o m J U L Y 2 0 1 5 9 \ AT L A N T I C \ C E N T R A L \ W E S T REGIONAL WRAP-UP A s it faces a constitutional chal- lenge filed by staff lawyers who have been seeking to unionize, Legal Aid Ontario says it respects their right to associate and is willing to consider associations other than the union the employees want to join."LAO has always supported employees' consti- tutional right of association," says LAO spokeswoman Genevieve Oger, noting the agency is willing to consider groups like the Association of Law Officers of the Crown and the Ontario Crown Attorneys' Association. Staff, however, say they're taking their bid to unionize under the Society of Energy Professionals IFPTE, Local 160 to court. "After two years of requests to our employer, LAO, and to the govern- ment for help, we have been forced to pursue our rights by filing the applica- tion to remedy this injustice," says Dana Fisher, a spokeswoman for the staff lawyers involved in the unionization bid. The challenge, filed in Ontario Superior Court in early June, centres on the right to freedom of association under s. 2(d) of the Charter of Rights and Freedoms. "Rights enshrined in the Charter are for everyone, even lawyers," says Fisher. The application is seeking a declaration to recognize the Society of Energy Profes- sionals IFPTE, Local 160 as the bargaining agent for the staff lawyers as well as dam- ages for the costs of the ongoing campaign since May 2013. It notes that while the definition of employee in the Labour Relations Act excludes practising lawyers, employers can voluntarily recognize a bargaining unit. The application also points out the Ontario government has recognized bargaining agents for Crown attorneys and lawyers working in other government ministries. A recent Supreme Court of Canada ruling that dealt with collective-bargaining rights, Mounted Police Association of Ontario v. Canada (Attorney General), has emboldened the LAO lawyers' bid to unionize. "It was our hope that LAO's leadership would rethink its position fol- lowing the recent Supreme Court ruling and reach an agreement with us," says Scott Travers, president of the Society of Energy Professionals. "We hope the government will recognize the merits of the Supreme Court ruling and intervene, avoiding the unnecessary burden upon taxpayers of a protracted legal battle." According to the application, more than 80 per cent of LAO staff lawyers had signed a petition by early 2013 indicat- ing they wished to join the union. In response, LAO chief executive officer Bob Ward wrote a letter in October 2013 indicating he had rejected the bid to join the union. In the letter, he raised con- cerns about the fact the Society of Energy Professionals was a trade union. The court application sheds some light on the reasons for seeking to join the SEP. After the lawyers began to consider the need to unionize in 2011 in light of concerns over issues such as LAO's lawyer workforce strategy that provided for man- datory practice rotations and relocations, they decided they needed an "experienced and well-resourced association/union to mount an effective campaign," according to the application. Associations represent- ing Crown attorneys and lawyers at other government ministries were "unwilling to commit the necessary resources" for a campaign, it noted. "The group selected the society because of its experience in representing professionals, its experi- ence working with governmental agen- cies in Ontario, and its experiences and resources." Oger says LAO is aware of the court application and will be responding. As to some of the concerns about working conditions, she says LAO provides "excel- lent work-life balance for staff lawyers." She says, "Depending on the position, alternative work arrangements are possible — including reduced hours, flex hours, and work-from-home policies. LAO has increased compensation for staff lawyers and pension packages." Pay ranges over three years are rising from $62,000 to $107,000 and $89,000 to $115,000 a year, she adds. — GLENN KAUTH glenn.kauth@thomsonreuters.com matters (providing drafting assistance or making limited appearances in court, for example). The practitioner who takes on a limited-scope mandate is still fully liable regarding all his legal duties, including giving the client a clear definition of the mandate's limits. In other words, limited scope does not mean limited liability. In an interview with the Journal du Barreau, Lemieux men- tioned that other improvements brought by the new code also included measures concerning communications with the client. There is a duty to make sure the client understands the lawyer, and a special attention is given to persons who are vulnerable because of their age or their health, she said. The Barreau du Québec has set-up a mandatory three-hour interactive online training based on the new code of ethics, at a cost of $10, and aimed at all 25,000 members. Training in class is also available, on demand, for firms, government depart- ments, or organizations. Members of the bar have until March 31, 2016 to complete their training. — PASCAL ELIE pascalelie636@gmail.com Lawyers file Charter challenge against Legal Aid Ontario

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