Reforming the Self-Governing Status of the Ontario Law Society with Public Oversight
Given the concerns highlighted, it is evident that the self-regulation of the Law Society of Ontario, formerly known as the Law Society of Upper Canada, is increasingly seen as serving the interests of lawyers rather than the public. Critics argue that the society operates more like a union for lawyers, providing them carte blanche to act without proper accountability, often at the expense of their clients. This has led to numerous instances where the public feels exploited and underserved. To better protect the public interest in 2024 and beyond, it is imperative to consider removing the self-governing status of the Ontario law society. Direct provincal regulation, complemented by robust civilian oversight, could offer more impartial and stringent enforcement of professional standards, ensuring that legal services are delivered with greater accountability and transparency.
This project aims to address the need for reform in the self-governing status of the Ontario Law Society by introducing public oversight. The current self-regulating legal profession in Canada has historically operated in the interest of professional self-interest, with the concept of an independent bar serving as a core value. However, the perception of conflicted, self-serving, and opaque self-government by the public has raised concerns about the necessity of reforms. Drawing lessons from how other countries have responded to similar challenges in their legal professions, this project will explore the importance of public oversight in ensuring transparency, accountability, and alignment with the public interest. By proposing reforms that incorporate public oversight mechanisms, this project seeks to enhance the effectiveness and legitimacy of lawyerly self-regulation in Canada.