The Law Society of Upper Canada commissioned a study by Michael Ornstein at York University's Institute for Social Research, resulting in a report, Racialization and Gender of Lawyers in Ontario [PDF], presented to Convocation in April of this year. As expected — and, in my view, hoped — membership in the profession by visible minorities, Aboriginal people, and women is in fact growing. This growth has been dramatic in the case of women: in 1971 women accounted for 5% of the profession, whereas in 2006 they constituted almost 60%, as revealed in the chart below.


Click image to enlarge

There has been a very small increase in the number of Aboriginal lawyers, the rise from 0.6% to 1.0% occurring between 2001 and 2006. During the same period the number of visible minority lawyers increased from 9.2% of the pool to 11.5%, the effect of a steady increase among lawyers between 25 and 34 years of age: 1981 – 2% / 1986 – 3% / 1991 – 6% / 1996 – 11% / 2001 – 17% / 2006 – 20%.

To quote from the executive summary:

In Ontario in 2006, members of a visible minority accounted for 30.7 percent of all physicians, 31.7 percent of engineers, 17.6 percent of academics and 11.8 percent of high-level managers, compared to 11.5 percent of lawyers. This suggests that potential immigrants who are already lawyers in countries with dissimilar legal structures believe they will be unable to translate their skills in Canada as easily as other professionals. Even immigrants who come to Canada when they are young children are disadvantaged in pursuing a legal career.

The point about the difficulty that foreign-trained lawyers have entering the profession is no doubt true. But I wonder whether another factor is the relatively low status of the legal profession among certain immigrant groups, by comparison with, for instance, the practice of medicine.

To quote again from the executive summary:

In the last decade, gains in the representation of women are attributable largely to increased numbers of racialized women. Racialized women account for no less than 16 percent of all lawyers under 30, compared to just 5 percent of lawyers 30 and older; racialized men account for 7 percent of lawyers under 30, compared to 6 percent of lawyers 30 and older.

Again, one influencing factor might be the higher status of other professions and, hence, their attraction for favoured males.

The report contains careful and detailed analyses of the impact of gender and racialization on the earnings of lawyers. The oversimplified conclusions are that "Women and especially visible minority lawyers earn less than their White male counterparts."

As a final note, I point out that Professor Ornstein makes extensive reference to the fact that this study was possible because of data available from the long form census. His report was written before Prime Minister Harper announced the end of the mandatory long form census.

[Hat tip: Off the Shelf]

Simon Fodden is the founder of Slaw. He taught law at Osgoode Hall Law School for more than 30 years before he retired to focus on writing, publishing, and IT and law.
[click on the author's name for more information]

up

One Comment on “Ontario Law Society Report on Gender and Racialization in Profession”

  1. Monica Goyal says:

    Thanks for your post Simon. I'm a visible minority trained as an engineer, and I know when I decided to pursue law I faced some social resistance.

SlawTips      

SlawTips United Nations Documents
Wednesday, May 23

Today’s Tip: Monitor UN documents with RSS Since I last looked, the United Nations Documents site has a new look and feel. For what the site is trying to deliver, … »»

Research

SlawTips Updated Version of Great Social Media Guide for Lawyers Released
Wednesday, May 23

Last spring, Meritas’ Leadership Institute released a Social Media Guide for Lawyers. This helpful resource provided lawyers with an overview of the three main social media tools — LinkedIn, Faceb. […] »»

Technology

SlawTips Cash Flow Reports – Part 1
Thursday, May 17

Following on our earlier Top 10 Financial Errors posts, this is the first in a series of 10 posts dealing with Cash Flow Reports and in particular, cash flow management.… »»

Practice

noted on Slaw    

MLB Selected Case Summaries    

These summaries of selected recent cases are provided each week to Slaw by Maritime Law Book.
More information.

  • Aliens - Exclusion and expulsion - Power to detain and deport - Minister’s certificate - Review - Evidence

    In 2002, Harkat was detained pursuant to a ministerial security certificate issued under the Immigration and Refugee Protection Act (IRPA) as a person inadmissible to Canada on grounds ...

  • Contracts - Formation of contract - Signing - Electronic signature

    The plaintiff expressed an interest in purchasing the defendant’s (vendor’s) condo. The parties agreed to carry on their discussions through e-mail. Following an exchange of e-mails, the plaintiff claimed that the defendant was contractually bound to ...

  • Barristers and Solicitors - Relationship with client - Confidential communications - General

    The petitioner was a Receiver appointed in March 2009 by a California court over the assets of GJB Enterprises Inc. (a “Ponzi scheme”) and its principals, the Berkes (the GJB parties). The court ordered ...

  • Practice - Costs - Funding before judgment - When interim or advance costs available

    The plaintiffs were “direct to home” satellite based subscription program providers. Rex and other defendants offered “grey market” services to Canadian residents to facilitate the unauthorized reception in Canada of the plaintiffs’ ...

TalkLaw/ParLoi    

This is a listing of a few upcoming events in Canada of interest to lawyers, law students, legal librarians, and others involved in the practice of law.

Clicking on any event in the list below will give you access to more information and to links allowing you to see the full entry and to add the event to your own calendar.

Click this link for a fuller version of the TalkLaw/ParLoi calendar of events and for instructions as to how to add events and calendars to your own calendar.