Canadian Lawyer

34 J U N E / J U L Y 2 0 1 8 w w w . C A N A D I A N L a w y e r m a g . c o m In 2016, the CLA had criminologist Natasha Madon conduct one of the few studies analyzing data about the retention of female lawyers, specifically in the area of criminal law. One of the findings of the study was that 60 per cent of women who started practice in 1998, initially with a large percentage of criminal work, had left that field altogether by 2014. The numbers were high for men as well, but not nearly as great as those for women. Newton-Smith, who was called to the bar nearly 20 years ago, says the results of the study were not a surprise. "We have a real problem with women staying in the profession. They go to the Crown's office or they go elsewhere. Among my female colleagues of my experience level, not many are left," she notes. While there is very little specific data available, anecdotally at least, the retention issue may be even greater in other parts of the country. Katherine Bueti, a partner at the criminal law firm of Bueti Wasyliw Wiebe in Winnipeg, says low legal aid rates and a lack of resources for female lawyers who take a maternity leave are significant barriers to earning a living wage and maintaining a client base. "In Manitoba, there have been no increases at all in legal aid rates in 10 years," says Bueti, who was recently elected president of the Law Society of Manitoba. "Meanwhile, Crowns have received increases and staff lawyers at legal aid have received raises," she notes. The legal aid system in Manitoba is a hybrid of staff lawyers and certificates for those in private practice. The hourly tariff is $80, although, like in most provinces, there is an increasing use of block fees. The Law Society of Ontario and the Law Society of British Columbia are the only provincial regulators to offer any maternity-related assistance. In Ontario, it is a maximum of $9,000 if the lawyer's net practice income before taxes is less than $50,000 annually. No legal work can be conducted by anyone receiving this stipend. In B.C., there is a maximum interest-free loan of up to $8,000 that must be repaid within four years. Bueti and her law partners have put in place a parental leave policy at the firm with benefits, which is unusual in the criminal law field in Mani- BY THE NUMBERS 849 Number of lawyers at the Ontario Ministry of the Attorney General whose salary was more than $200,000 in 2017 48 Percentage of lawyers earning more than $200,000 at the Ontario Ministry of the Attorney General who are female 4 Number of lawyers at the Alberta Ministry of Justice and Solicitor General who earned more than $200,000 (in 2016) 122 Number of lawyers at the Alberta Ministry of Justice and Solicitor General whose salary was more than $180,000 (in 2016) 46 Percentage of lawyers earning more than $180,000 at the Alberta Ministry of Justice and Solicitor General who are female 24 Percentage of lawyers in Ontario with a high volume of legal aid certificates in 2013/14 who are female 34 Percentage of female lawyers in Ontario in 2010 who originally started out doing criminal law but were no longer doing so 10 years after starting practice $89,100 Average salary for a lawyer in a community legal clinic funded by Legal Aid Ontario (in 2015) 22 Number of lawyers in Ontario who received financial assistance in 2017 under the Law Society of Ontario's parental leave assistance program (just less than $8,000 on average) Sources: Ontario and Alberta financial disclosure documents. Legal Aid Ontario. Law Society of Ontario. Study in 2016 by Natasha Madon, commissioned by the Criminal Lawyers' Association. "THE TRADITIONAL CRIMINAL LAWYER PRACTICE, WHERE YOU DO NOT DO OTHER THINGS, MAY NOT BE THE RIGHT 21ST-CENTURY APPROACH" Marilyn Sandford, Ritchie Sandford McGowan Barristers

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