Code of Conduct

Purpose:

The Ontario Bar Association ("OBA") is committed to the highest principles of fairness, honesty and integrity.  The OBA is also committed to providing a workplace environment in which all individuals are treated with respect and dignity.  This Code of Conduct (the "Code") applies to all volunteer activities and supplements the governing principles for members of the legal profession.

The OBA recognizes the historical role of codification of rights freedoms and responsibilities in breaking down unseen barriers to participation. On an on-going basis, it seeks the participation of new members and volunteers from every sector of the legal profession.  The OBA is also cognizant of, and complies fully with, provincial statutes and regulations prohibiting discrimination and harassment, in the operations of the organization and in its workplace.

The Code will promote confidence and credibility in the OBA among members, volunteers, staff, and the public.  The Code is also intended to ensure volunteers and staff are welcomed and treated as valuable and integral members of the OBA’s governance, management, and operations. 

Failing to comply with the Code and/or unethical or illegal conduct has the potential to place the OBA, and in some cases, other members and stakeholders, at risk.  For example:

• the OBA and/or volunteers could be subject to criminal or regulatory sanctions, loss of licence to practice, legal actions, fines, etc.;
• negative publicity from a breach could adversely affect how the OBA is regarded by members, prospective members, stakeholders and other organizations with which the Association has developed longstanding working relationships,   based on trust.

Breaches of the Code will be treated as serious matters and may result in discipline, up to and including expulsion from membership for members and volunteers.  The OBA may also be required to report certain types of breaches to law enforcement or regulatory authorities.

Scope:

The Code applies to all volunteers acting in any capacity on the OBA's behalf. 

Confidentiality of Information - General:

In the course of day-to-day business, volunteers may receive sensitive information relating to among other things, OBA plans, practices, programs, methodology, pricing, finances, customers, volunteers, members and staff.  Members and Volunteers shall keep such information confidential.

No one shall seek access to the private information of members without due compliance with OBA privacy policies.  No one shall seek access to private information of staff without a clear and relevant purpose pertaining directly to OBA business.  All such requests with respect to staff shall be directed first to the Executive Director.

General Principles of Conduct:

1. to act with integrity, honesty, transparency, and in good faith in the OBA's  best interests;
2. to treat staff and other volunteers, members, and guests with courtesy, respect, and dignity.
3. to comply with the Ontario Human Rights Code and with the Accessibility for Ontarians with Disabilities Act, 2005;
4. to participate in OBA activities constructively, in co-operation with other volunteers and OBA staff;
5. to seek consensus through open discussion and debate with appropriate consideration and respect for legitimate dissent;
6. to respect the fundamental premise that all volunteers give generously of their time and talents, and that staff are dedicated to the organization, the members and to providing the best possible experience for all volunteers;
7. to refrain from making inappropriate, undue, and unwarranted demands on the OBA's resources, including the time of other volunteers and staff, financial and information technology resources, and physical plant and facilities;
8. to encourage the engagement of new volunteers and promote gender balance and diversity in support of the achievement of OBA’s mission and strategic plan objectives whenever and wherever possible

Reporting of Complaint:

The OBA will enable volunteers and staff to confidentially bring to the attention of the First Vice-President, allegations and evidence of misconduct on the part of any OBA volunteers or members.  OBA staff are governed by the OBA Employee manual and any allegations or evidence of misconduct by staff shall be referred to the Executive Director for investigation and any appropriate action.

The First Vice-President shall ensure that the process set out in Appendix A is followed. 

The processes set out in Appendix A and Appendix B shall respect the following principles:

1. confidentiality;
2. the underlying principles and goals of the Code, including the maintenance of a safe and respectful workplace and a commitment that discrimination and/or harassment, in any form, will not be tolerated;
3. the privacy entitlements of any of the parties;
4. the value of an apology;
5. recognition of the serious implications for the reputations of individuals resulting from unsubstantiated complaints and the reputations of those who have been demeaned or harassed in front of others; and,
6. proportionality with respect to the alleged misconduct, harm done in the workplace, harm done to the work of the OBA, and to the individuals involved, and the risk of future adverse outcomes if the misconduct is not discouraged, stopped or prevented from re-occurring in the future.

Distribution and Display of this Code

Copies of the Code shall be displayed in prominent locations in the public reception area of the OBA conference centre, near the entrance to the OBA staff offices and on the OBA web site, in a prominent location. 

Copies shall be provided to all Section Executive members annually and they will be deemed to have agreed to comply with all elements of the Code unless they notify the Executive Director of a contrary intention.

Appendix "A"

Step 1

Upon receipt of a complaint relating to a  member or volunteer, the First Vice-President shall make contact with both the complainant and the individual who is the subject of the complaint.  The purpose of this contact is to: permit the First Vice-President to gather initial basic facts about the incident prompting the complaint; develop an initial assessment of the validity and severity of the incident that prompted the complaint; and, to determine next steps should the complaint be deemed to have validity.  Should the First Vice-President determine that there is no validity to the complaint, the complaint shall be dismissed with no further action.

Step 2

If the First Vice-President determines that there is a valid basis for the complaint, he/she shall ascertain if an apology, from the member/volunteer who is the subject of the complaint to the other, will resolve the complaint.  If an apology will resolve the complaint, the First Vice-president shall ensure an apology is offered, and accepted. 

Step 3

If the nature of the complaint is more serious, and it has been determined that there are reasonable and probable grounds for the complaint, or if the complainant believes an apology is an unacceptable method of resolving the complaint, the First Vice-President shall consult with the OBA Board of Directors to determine the most appropriate way to resolve the complaint. 

In assessing the nature of the complaint, and the appropriate resolution methodology, the Board shall consider, among other issues, how the behaviour exhibited by the individual complained of could affect the reputation of the OBA and CBA, whether or not the behaviour is inconsistent with the Law Society’s Rules of Practice and the potential for the behavior to result in legal action against the individual in question and/or the OBA

In determining an appropriate response to resolve the complaint, the OBA Board of Directors shall consider the following options:

• a letter of reprimand from the President, describing the incident and making reference to the Code of Conduct requirements and/or Rules of Practice that were contravened;
• removal from the volunteer leadership position held by the individual who is the subject of the complaint on a temporary or permanent basis; and,
• termination of CBA membership following the process set out in the CBA By-laws and regulations.

Once the OBA Board has determined the appropriate method for resolving the complaint, the First Vice-president shall ensure the Board’s preferred method of resolution is communicated to both parties, and  implemented.

Step 4

In the event that the First Vice-President is persuaded by his/her initial fact-gathering that the alleged actions or behaviour of the member or volunteer who is the subject of the complaint, constitute “workplace harassment”, as defined by Provincial Statute or Regulation, or the complainant is not or would not be satisfied by an apology offered by the party whose actions/behaviour is the subject of the complaint, the First Vice-President shall initiate an investigation, to be conducted by a third party.  Such an investigation shall be designed to gather the information in the form set out in Appendix “B”.  The individual conducting the investigation shall not have been involved in any way in the incident leading to the complaint.

The OBA will communicate to those involved, any interim measures that may be taken after the complaint is received, and during the investigation.  If the incident which is the subject of the complaint is deemed to potentially constitute “workplace harassment”, the OBA will advise the complainant and the individual who is the subject of the complaint, how the matter may be dealt with if such a finding is made. 

The report of the investigation shall be provided to the OBA Board of Directors and, in the event that a finding of “workplace harassment” is reported, within ten days of the receipt of the report, the OBA Board shall inform the complainant, and the individual who is the subject of the complaint, of the results of the investigation and any corrective action that has been, or will be taken by the OBA to address the matter.

In a circumstance where a finding of workplace harassment is made, the Board shall discipline the member or volunteerindividual by:

• removing him/her from his/her voluntary position on either a temporary or permanent basis; and/or
• prohibiting him/her from assuming any future voluntary roles for a defined period of time or permanently; and/or
• terminating the CBA membership of the individual using the process set out in the CBA by-laws and regulations.

Appendix “B”

OBA Code of Conduct Violation Investigation

Name of investigator:

Date of investigation:

A. Background Information

Who are the people involved? Are they workers as defined by Occupational Health and Safety Act (OHSA)? Who reported and when?

1. Name of person who reported workplace harassment
2. If not the same person as above, name of person who allegedly experienced workplace harassment
3. Date complaint/concern raised and how
4. Name of worker(s) (complaining or possibly exposed to workplace harassment): Position/Department
5. Name of respondent(s) (alleged harasser); Position/ Department
   If not a worker – provide details

B. Investigation Plan

Plan and conduct the investigation:

1. Obtain the worker(s) concerns of harassment in writing, if possible. Assistance should be provided in completing the form where necessary.
2. An investigator needs to interview the worker who allegedly experienced workplace harassment and the alleged harasser (if a worker of the employer). If the alleged harasser is not a worker of the employer, the investigator should make reasonable efforts interview him or her.
3. Make a list of possible relevant witnesses. The worker who allegedly experienced workplace harassment and the alleged harasser should be asked for names of any relevant witnesses.
4. Interview relevant witnesses. Ask specific questions about what they have observed, are aware of or have personally experienced. If the witnesses are not workers of the employer, the investigator should make reasonable efforts to interview those witnesses.
5. Collect and review relevant documents from the worker, alleged harasser, witnesses and the employer.
6. Take detailed notes.
7. Keep the investigation confidential. Instruct the worker who allegedly experienced workplace harassment, the alleged harasser and witnesses not to talk to others about the investigation unless it is necessary, for instance, to obtain advice or counselling.

C. Worker(s) Concerns/Workplace Harassment Allegations

When did the incident(s) occur? Confirm date of first incident and any subsequent behaviours or conduct. Note that recalling events of harassment can be stressful for the complainant.

Date of first incident:

Date of last incident:

Date of other incident(s):

D. Alleged Harasser(s) Response

The alleged harasser(s) will likely need details of the allegation of harassment to be able to respond.

E. Interview Relevant Witnesses

List witnesses. Interview relevant witnesses and make notes.

F. Collected documentation

List the documents collected for the investigation and how or from whom they were obtained.

G. Investigation Result(s)

The investigator’s summary report should set out who was interviewed, what evidence was obtained and an analysis of the evidence to determine whether workplace harassment occurred.

Summary of key evidence:

H. Determination of Presence or Absence of “Workplace Harassment”

Workplace Harassment Definitions:

1. “Workplace harassment” means:
   1. engaging in a course of vexatious comment or conduct against a worker in a workplace that is known or ought reasonably to be known to be unwelcome; or
   2. workplace sexual harassment.
2. “Workplace sexual harassment” means:
   1. engaging in a course of vexatious comment or conduct against a worker in a workplace because of sex, sexual orientation, gender identity or gender expression, where the course of comment or conduct is known or ought reasonably to be known to be unwelcome; or
   2. making a sexual solicitation or advance where the person making the solicitation or advance is in a position to confer, grant or deny a benefit or advancement to the worker and the person    knows or ought reasonably to know that the solicitation or advance is unwelcome.

Reasonable action taken by an employer or supervisor relating to the management and direction of staff or the workplace is not workplace harassment [s.1(4) OHSA].

Finding:

I. Recommended next steps:

Report provided to: