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 N E / J U L Y 2 0 1 8 33 The changing facilities at the building that is the home of the Ontario Court of Appeal is obviously not specific to female lawyers who practise criminal defence. In fact, Newton-Smith, a part- ner at Berkes Newton-Smith and a vice president of Ontario's Criminal Lawyers' Association, notes that it is still one of the nicer changing facilities for female lawyers at courthouses in Toronto and surrounding municipalities. At the same time, it is another example where even though law school classes have been equally male and female for at least 25 years, there is still a disparity in treatment, even in areas as minor as change rooms at courthouses. In the world of criminal defence, many obstacles remain in place for female lawyers in 2018. There are rela- tively low rates of legal aid in every province (which impact both male and female lawyers) and the small firm or sole practitioner structure means there are fewer backup office resources or legal mentors. As well, there is a lack of outside assistance if a lawyer is going on maternity leave and, even now, the culture in criminal law may still be behind the rest of the profession in terms of professional respect for female colleagues. As well, except for a small percentage of those in the profession, their annual income is significantly lower than Crown counterparts of the same experience level. Law Society of British Columbia A loan program offering up to $8,000. It is available to sole practitioners or firms of up to five lawyers. It is an interest-free taxable benefit that must be repaid within four years. It is not available to lawyers with access to any mater- nity benefits beyond that of government programs. The loans are intended to cover overhead expenses and not as a substitute for income. Law Society of Ontario A sole practitioner or someone in a firm of five lawyers or less is eligible to receive a maximum of $9,000 over 12 weeks under the Parental Leave Assis- tance Program. To be eligible for PLAP, the applicant must have an annual net practice income (before taxes) of less than $50,000. As well, the applicant can- not have entered into the federal EI special benefits program or be receiving any private maternity benefits. A lawyer "must cease to engage in remunerative work and to practise law" while receiving benefits, the law society states. The purpose of the plan is to assist with overhead costs. In 2015, 37 members were paid a total of $246,750, 23 were paid a total of $173,250 in 2016 and 22 were paid a total of $168,750 in 2017. There were 49,048 licensees in Ontario as of Nov. 2015, 20,342 of which were female. Ontario Crown Attorneys Association Under the terms of its collective agreement, a female Crown attorney is entitled to a maximum of 52 weeks of combined pregnancy and parental leave. During pregnancy leave and the parental leave, a member is entitled to receive a pay- ment under its supplemental employment benefit plan to top up EI benefits. The payment is an amount equal to what would bring total compensation dur- ing the leave period to 93 per cent of the lawyer's weekly pay. British Columbia Crown Counsel Association Pregnancy and parental leave benefits fall under the terms of the provincial Public Service Act. It provides for a maximum combined leave of 52 weeks. During pregnancy leave, there is a top-up of up to 85 per cent of salary. During parental leave, it is up to 75 per cent of salary. Sources: Law Society of BC, Law Society of Ontario. Ontario Crown Attorneys Associa- tion/Association of Law Officers of the Crown collective agreement 2013-17, BC Crown Counsel Association collective agreement (2007-17) MATERNITY LEAVE BENEFITS "IT IS MY PASSION. I LIKE ALL OF WHAT BEING A DEFENCE LAWYER IS ABOUT. THERE IS ALSO A LOT OF FREEDOM THAT OTHER LAWYERS DO NOT HAVE" Andrea Urquhart, Roulston Urquhart Criminal Defence

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