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FOLA Raises Concerns Over Proposed LSO Governance Reforms

Feb 3, 2025 Modified: February 3, 2025

For Immediate Release: February 4, 2025

The Federation of Ontario Law Associations (FOLA) has submitted its response to the Law Society of Ontario’s (LSO) Governance Review Task Force report, Towards Effective Governance – Governance & Electoral Reforms at the Law Society of Ontario. While FOLA acknowledges the need for governance reform, it has serious concerns about the proposed model and its potential impact on the legal profession and access to justice in Ontario.

FOLA represents Ontario’s 46 county and district law associations, and through them, their members. Our association is the only provincial legal organization representing LSO licensees at the front-lines of legal services in communities in all parts of the province.

Key Concerns with the Proposed Model

  • Loss of Effective Regional Representation – The proposed reforms could significantly diminish regional and rural representation at Convocation, creating a system where licensees in smaller communities may struggle to have their voices heard. FOLA urges the LSO to maintain a structure that ensures fair and effective representation for all licensees, not just those in major urban centers.

  • Erosion of Self-Regulation – FOLA opposes the proposed increase in LSO-appointed benchers, warning that it shifts power away from elected licensees and undermines the profession’s ability to self-regulate. Maintaining a strong majority of elected representatives is essential to upholding the independence and credibility of the legal profession.

  • Equity, Diversity, and Inclusion Risks – The reduction of elected positions and elimination of province-wide voting could hinder efforts to enhance diversity at Convocation, particularly for equity-seeking and racialized licensees. FOLA strongly opposes any measures that would roll back progress on representation and inclusion within the profession.

  • Term Limits and Institutional Memory – While FOLA recognizes the importance of fresh perspectives, overly restrictive term limits could weaken institutional knowledge and mentorship at Convocation, ultimately harming governance stability.

  • Lack of Campaign Finance Rules – The absence of campaign finance regulations continues to create an uneven playing field in LSO elections, disproportionately favoring well-funded candidates and large-firm practitioners. FOLA calls on the LSO to introduce campaign finance rules to ensure fair and transparent elections.

FOLA’s Recommendations

FOLA urges the LSO to reconsider aspects of its governance reform proposal and ensure that any changes adhere to the following principles:

  • Retaining a large majority of elected benchers to preserve self-regulation.
  • Ensuring rural and regional licensees are effectively represented.
  • Maintaining province-wide voting to enhance diversity at Convocation.
  • Capping a appointed benchers to a small number to protect democratic integrity.
  • Preserving institutional memory through balanced term limits.
  • Implementing campaign finance rules for greater election transparency.

“Reform must uphold the principles of self-regulation, regional representation, diversity, and fairness,” said Chair Allen Wynperle. “225 years of self-regulation has been successful and will continue to be. We urge the LSO to consider our recommendations to ensure a governance model that is inclusive, equitable, and effective.”

About FOLA

FOLA is a non-profit organization that represents Ontario’s 46 county and district law associations. Most of FOLA’s members are sole practitioners or work in small firms across the province.

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Contact:

Ian Hu

Director of Policy & Advocacy, FOLA

Email: ian.hu@fola.ca