The OBA is pleased to see the LSO’s amended transparency proposal, which took many of our recommendations and concerns into account.
Importantly, the controversial public disclosure of charges and finding of guilt was removed. The OBA raised concerns regarding the presumption of innocence, highly discretionary criteria for assessing disclosure, the potential for irreparable harm, and the disproportionate impact on equity-seeking groups with the original proposal.
The new proposal is significantly scoped down to the following:
Reporting to the Law Society
- Licensees will be required to report criminal charges and findings of guilt under the Criminal Code, the Income Tax Act, the Excise Tax Act, and the Occupational Health and Safety Act (note: these are reporting obligations to the LSO; not public disclosure)
- Licensees will also be required to report:
- Findings of guilt under any other Act of Parliament or legislature, if the penalty includes incarceration or a fine over $5,000
- If a licensee is held in civil or criminal contempt
- Similar charges and findings of guilt outside of Canada
- Any bail conditions or restrictions on release with respect to any of the above charges or findings of guilt
- Notice of any reportable charge or finding of guilt is appealed and if upheld on appeal
- Reporting of licensure in another regulated profession in Canada and reporting of any discipline in respect of the practice of that profession
Reporting to the Law Society and Publishing on the Directory
- Reporting of all business names and publishing on the Directory
- Reporting of licensure to practice law in another Canadian jurisdiction and publishing on the Directory
Publishing on the Law Society Directory
- Publishing Proceedings Authorization Committee outcomes
- Publishing Law Society Tribunal outcomes
- Publishing surrendered or revoked licenses
The public protection goal is an important shared objective. The updated proposal strikes a better balance between fairness and transparency. Public protection will be served through good character requirements and existing processes, supplemented with additional information that is to be reported to the LSO.
We commend the LSO and benchers for listening to the concerns of the bar through a meaningful consultation.