Workplace Equity Directive for Legal Agents

Statement

The Department of Justice (the Department) encourages a commitment to and implementation of the broad principles of employment equity in the workplace. It is the policy of the Department to provide equal access to employment and career opportunities to members of the designated groups^{Footnote 1} and to ensure their equitable representation and full participation in all occupational groups and levels within the Department.

It is also the policy of the Department to encourage respect for, commitment to, and implementation of the principles of employment equity by lawyers, notaries and law firms appointed as agents of the Minister of Justice and Attorney General of Canada. To this end, legal agents are encouraged to commit to and comply with the principles and the requirements set out in this Directive, referred to as the Workplace Equity Directive for Legal Agents.

This Directive is not intended to replace law societies’ workplace equity requirements. Law firms and law practitioners should consult their respective law society for guidance on workplace equity requirements.

Background

Employment equity, as a broad principle, ensures the fair representation and full participation in the workplace. Employment equity is achieved by employment practices that prevent and correct disadvantages in employment for the designated groups through measures, reasonable accommodation of differences, and programs to remove barriers to equitable employment opportunities.

Employment equity in the federal context is governed by the Employment Equity Act. The purpose of the Act is “to achieve equality in the workplace so that no person shall be denied employment opportunities or benefits for reasons unrelated to ability and, in the fulfilment of that goal, to correct the conditions of disadvantage in employment experienced by [designated groups members] by giving effect to the principle that employment equity means more than treating persons in the same way but also requires special measures and the accommodation of differences”.

The Department is fully committed to undertaking measures, where necessary, to eliminate any disadvantages that may be experienced directly or indirectly by designated group members.

To foster greater diversity, inclusion and equity in legal agent appointments, the Department encourages law firms and law practitioners to collect data and provide sufficient information (in terms of hiring, promotion and termination in relation to other employees, and on the measures taken by the firm to achieve workplace equity goals) on the representation of designated group members among lawyers and notaries within the firm at the request of the Department.

The Department also encourages and invites private sector law practitioners across Canada to register their interest in being considered for appointment as Legal Agents of the Minister of Justice and Attorney General of Canada (AGC) to provide the Government of Canada with legal advisory, real estate or litigation services and to register with the Indigenous Business Directory and self-identify as an Indigenous law firm or Indigenous law practitioner through the legal agent selection and appointment process.

Application

This Directive applies to lawyers, notaries and law firms appointed as legal agents of the AGC.

Workplace Equity Principles

This Directive embraces the concept of employment equity in its broadest sense and includes the following principles:

• employment equity
  – i.e., achieving a fair and representative workplace through the elimination of employment barriers and the adoption of positive policies and practices designed to improve representation of the designated groups members;
• anti-discrimination
  – i.e., eliminating discrimination in the workplace, including harassment on the basis of prohibited grounds of discrimination (including sexual harassment); and,
• reasonable accommodation
  – i.e., taking reasonable steps to accommodate the special needs of members of the designated groups in the workplace (for example, improving accessibility to the workplace, religious observance, parental leave and alternative work arrangements). "Reasonable" imports a duty to accommodate unless it would impose undue hardship on the employer.

Directive Requirements

It is recognized that the ability to implement a workplace equity directive is greater in larger firms than in small firms. Therefore, the requirements imposed on legal agents under this Directive differ according to the size of the firm:

Firms of up to 10 Lawyers or Notaries

Law firms, lawyers or notaries practicing in law firms of up to 10 lawyers or notaries are required as a condition of their appointment as legal agents:

• to make a commitment to respect the workplace equity principles set out above;
• to communicate their commitment to all staff within the law firm or to all staff in the firm with whom they work directly; and,
• to consider equity, diversity, and inclusion when assembling and proposing a team of legal resources to work with the Department on a legal agent appointment.

Firms of 10 or more Lawyers or Notaries

Law firms, lawyers or notaries practicing in law firms of 10 or more lawyers or notaries are required as a condition of their appointment as legal agents:

• to make a commitment to respect the workplace equity principles set out above;
• to communicate their commitment to all staff within the law firm or to all staff in the firm with whom they work directly;
• to consider equity, diversity, and inclusion when assembling and proposing a team of legal resources to work with the Department on a legal agent appointment; and,
• to provide sufficient information^{Footnote 2} on the representation of designated group members among lawyers, notaries and other legal resources within the firm, at the request of the Department.