TORONTO The Law Society of Ontario ditched a controversial rule requiring all lawyers to adopt and abide by a statement advocating equality and diversity, Wednesday, in a divided vote.The society board of directors immediately then started arguing again over a new compromise motion, which passed despite continued bitter debate.If compromise, which one board member noted was a typical Canadian reaction, solves problems without soothing acrimony, then the society that self regulates all lawyers and paralegals in the province remains a divided and choleric body.The compromise was not warmly embraced, even by supporters, with one offering as praise that it was than nothing. New regulation requires lawyers and paralegals to acknowledge, each year on their report to the society, an awareness of their existing professional obligation to abide by human rights legislation.Opinion: There no room for unacceptable behaviour like this in the legal professionChristie Blatchford: Ontario lawyers score victory for free thought in Law Society electionBruce Pardy: In the name of social justice, they are showing reformers their placeThe idea of the Statement of Principles has divided society members for three years.Emerging from reforms to address systemic racism and discrimination in the legal profession, the society board of directors, who are known as benchers, passed the Statement of Principles resolution in 2016.Opposition was fierce, with opponents not specifically arguing against the idea of inclusion but, generally, to the issue that forcing members to adopt a mandatory statement in order to engage in their profession was unacceptable compelled speech, or that the society was dabbling in affairs beyond its mandate. Some said it was unconstitutional; others an empty gesture.In an attempt to soften the split, a motion to allow lawyers and paralegals to abstain from making the statement on grounds of conscience or faith failed in 2017 after a similarly divisive debate.The issue became a rare hot button topic in the election of new benchers, with a large slate of candidates openly opposed to the Statement of Principles (SOP), calling themselves Stop SOPers, running and winning election as benchers this May.My lived experience has been that you cannot force people to decide to do what is rightOn Wednesday, the benchers gathered for their third board meeting since that election, at what is called convocation, to vote on two anti SOP motions.One was to replace a mandatory statement with a personal, voluntary statement and the second, described as a repeal, was to scrap it altogether.By agreement, the motions were put to back to back roll call votes without debate.The motion to replace the SOP with a voluntary statement failed, 23 in favour and 27 against.
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