Canadian Labour Reporter

to the courts to enforce our har- ter rights," said Dana Fisher, a Legal Aid Ontario (LAO) lawyer in Toronto and spokesperson for the campaign. "We believe the rights en- shrined in the (Canadian Charter of Rights and Freedoms) apply to everyone, including lawyers. We want to address professional and ethical concerns as well as advo- cate for greater access to justice for LAO clients." In Ontario, lawyers are exclud- ed from parts of the Labour Rela- tions Act that guarantee union ac- cess. Legal Aid lawyers are among the last in the public sector to se- cure bargaining rights, as crown attorneys and provincial govern- ment counselors have bargained through professional associa- tions, and have been voluntarily recognized by their employers, for years. The Supreme Court decision was lauded by LAO lawyers as it marked a watershed moment for their own grassroots campaign. "The (Supreme Court) deci- sion has made it clear that every- one is entitled to collective bar- gaining rights and all Canadians have the right to independently choose representation," Fisher said. "LAO is a public agency ac- countable to the provincial gov- ernment. It has been disappoint- ing, to say the least, that LAO is denying Legal Aid lawyers this fundamental right." 'Slam dunk' case The case, according to Toronto civil rights lawyer Clayton Ruby, should be a "slam dunk," given the Supreme Court's labour-friendly conclusion that Mounties are constitutionally entitled to orga- nize. "The RCMP decision was a real breakthrough, saying even em- ployers and employees who don't have collective bargaining get rights, which are crucial," Ruby said. "That changes the relationship between employer and employee, in the public service or groups like this. You would expect an honest employer to quickly respond to this new ruling and embrace the relationship... Instead of embrac- ing it, (LAO is) doing their best to do nothing. And the world goes on without them." LAO responds While lawyers maintain LAO has been an unwilling bedfellow, the employer said it is open to dis- cussing options candidly. "LAO has repeatedly offered to meet with representatives of the staff lawyers to discuss develop- ing a collective bargaining process between LAO and an association of its lawyers that would recog- nize the culture and particular workplace issues at LAO," said Genevieve Oger, spokesperson for the employer. "Right now, lawyers are exclud- ed from the Labour Relations Act. Should the LAO lawyers wish to pursue an arrangement similar to Crown attorneys and provincial government lawyers, LAO would be happy to discuss this with them and support their efforts." Oger added that compensa- tion and pension packages have increased for staff and the agency boasts excellent work-life balance policies, such as working-from- home perks and flexible sched- ules. Over three years, she noted, pay ranges are rising from $62,000 - $107,000 to $89,000 - $115,000 per year. Discrimination Further muddling the matter is that the demographic makeup of Legal Aid Ontario lawyers has prompted some to call the em- ployer's reluctance to certify dis- crimination. "LAO lawyers are also com- posed of two-thirds women and we believe the most racially diverse group of lawyers in the province," Fisher said. "Our clients are the most vul- nerable members of our society. They deserve high-quality legal services and LAO lawyers deserve representation as well." Ruby echoed the sentiment, calling LAO lawyers "poor and powerless" in comparison to their Crown and attorney counter- parts. "What's obvious is that they are the least powerful among all the organizations that would reap the benefits of this (RCMP) ruling," he said. "You'd think Legal Aid would respond and instead they respond negatively. It's just humiliating for the rule of law." 2013 vote Back in 2013, 80 per cent of LAO's 420 some-odd staff voted in favour of joining the Society of Energy Professionals, but Legal Aid's CEO Bob Ward rejected the union as the sole bargain- ing agent in a letter penned to its president. Since then, both employer and employees have been embroiled in the battle for bargaining rights, which will now be won or lost in court. 7 Canadian HR Reporter, a Thomson Reuters business 2015 CANADIAN LABOUR REPORTER news < from pg. 1 RCMP precedent makes LAO case a 'slam dunk' Toronto civil rights lawyer Clayton Ruby is one in a slew of legal heavyweights, including former attorney general John Gerretsen, who are backing Legal Aid lawyers in their quest to join a union. "the Supreme court decision has made it clear that everyone is entitled to collective bargaining." Photo: Mark Blinch (Reuters)

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