Tab 5 Report to Convocation September 24, 2014 Bencher Election Working Group Working Group Members: Derry Millar (Chair) Constance Backhouse Julian Falconer Janet Leiper Susan Richer James Scarfone Purpose of Report: Decision Prepared by the Policy Secretariat (Jim Varro 416-947-3434) 204
AMENDMENTS TO BY-LAW 3 RESPECTING THE BENCHER ELECTION PROCESS Motion 1. That Convocation make the amendments to By-Law 3 [Benchers, Convocation and Committees] as set out in the motion at Tab 5.1 to implement its decision on June 26, 2014 respecting voting procedures for the lawyer bencher election and to make related clarifying amendments. Purpose of the Amendments 2. On June 26, 2014, Convocation approved amendments to the lawyer bencher election procedures to make the date for the Elections Officer s preparation of the polling list for the lawyer bencher election on or shortly after the second Friday in April in an election year. 3. A motion to amend By-Law 3 1 has been prepared to implement these decisions, and includes other minor amendments to reflect the online process for the election. 4. The motion to amend By-Law 3 is found at Tab 5.1. Tab 5.2 shows a blackline version of the amendments. 1 By-Law 3 may be viewed at http://www.lsuc.on.ca/workarea/downloadasset.aspx?id=2147484279 2 205
TAB 5.1 THE LAW SOCIETY OF UPPER CANADA BY-LAWS MADE UNDER SUBSECTIONS 62 (0.1) AND (1) OF THE LAW SOCIETY ACT BY-LAW 3 [BENCHERS, CONVOCATION AND COMMITTEES] MOTION TO BE MOVED AT THE MEETING OF CONVOCATION ON SEPTEMBER 24, 2014 MOVED BY SECONDED BY THAT By-Law 3 [Benchers, Convocation and Committees], made by Convocation on May 1, 2007 and amended by Convocation on June 28, 2007, September 20, 2007, November 22, 2007, June 26, 2008, April 30, 2009, September 24, 2009, September 24, 2009, February 25, 2010, May 27, 2010, June 8, 2010, October 28, 2010, November 9, 2010, November 25, 2010, January 27, 2011, November 24, 2011, April 26, 2012, September 27, 2012, September 25, 2013, February 27, 2014 and March 4, 2014, be further amended as follows: 1. Subsection 2(3) of the English version of the By-Law is amended by striking out fourth Friday in March and substituting first Friday in April. 2. Subsection 2(3) of the French version of the By-Law is amended by striking out le jour de l élection and substituting le premier vendredi d avril. 3. Subsection 18(1) of the English version of the Bylaw is amended by striking out first Monday after the first Friday and substituting second Friday. 4. Subsection 18(1) of the French version of the Bylaw is amended by striking out Le lundi qui suit immédiatement le premier vendredi and substituting Le deuxième vendredi. 5. Section 21 of the English version of the By-law is revoked and the following substituted: 206
Election materials: publication 21. As soon as practicable after the Elections Officer has prepared the polling list and the election materials required under section 19, the Elections Officer shall, (a) cause to be published in the Ontario Reports and on the Society s website a notice with respect to the election of benchers that includes details on when and how an elector may access available information about the candidates in the election of benchers and when and how an elector may vote in the election of benchers; and (b) email the notice mentioned in clause (a) to every elector, to his or her business email address or, where the elector has no business email address, home email address, as indicated on the records of the Society. 6. Section 21 of the French version of the By-law is revoked and the following substituted: Trousse électorale: publication 21. Le plus tôt possible après avoir dressé la liste électorale et la trousse électorale requise aux termes de l article 19, la ou le responsable des élections: a) fait publier dans le Recueil de jurisprudence de l Ontario et sur le site Web du Barreau un avis de l élection des conseillères et des conseillers qui précise les modalités d obtention des renseignements sur les candidats et les candidates à l élection et les instructions de vote pertinentes; b) envoie l avis prévu à l alinéa a) par courrier électronique à tous les électeurs à leur adresse électronique professionnelle ou, à défaut, à leur adresse électronique privée, telle qu elle figure dans les registres du Barreau. 7. Section 24 of the English version of the By-law is amended by striking out subsection (2). 8. Section 24 of the French version of the By-law is amended by striking out subsection (2). 207
TAB 5.2 BLACKLINE VERSION OF AMENDMENTS TO BY- LAW 3 Interpretation: reference to a day 2. (1) In this Part, a reference to a day or time shall be a reference to a day or time in an election year. Same: commencement, etc. of event (2) In this Part, except where a contrary intention appears, if the day on which an event is to take place, commence or end falls on a holiday, the event shall take place, commence or end on the next day that is not a holiday. Same: residing in electoral region (3) For the purposes of this Part, an elector resides in an electoral region if his or her business address, or, where an elector does not have a business address, home address, as indicated on the records of the Society on the fourth first Friday in MarchApril, is within the electoral region. Polling list 18. (1) On or shortly after the first Monday after the first Friday second Friday in April, the Elections Officer shall prepare a polling list. Same (2) The polling list shall include the names of all licensees whose licences are not suspended on the first Friday in April. LIST OF ELECTORS Election materials: publication distribution 21. (1) As soon as practicable after the Elections Officer has prepared the polling list and the election materials required under section 19, the Elections Officer shall, distribute to every person whose name appears on the polling list, (a) the election materials prepared under section 19cause to be published in the Ontario Reports and on the Society s website a notice with respect to the election of benchers that includes details on when and how an elector may access available information about the candidates in the election of benchers and when and how and an elector may vote in the election of benchers; and (b) email the notice mentioned in clause (a) to every elector, to voting instructions. Means of distribution 208
(2) The distribution mentioned in subsection (1) may be done by email to a person shis or her business email address or, where the person elector has no business email address, the person s home email address, as indicated on the records of the Society. COUNTING THE VOTES Elections Officer to cause counting of votes 24. (1) Beginning immediately after the deadline for casting election ballots on election day and proceeding thereafter for so long as necessary, the Elections Officer shall cause the votes for each candidate to be counted in accordance with sections 25 to 29. Presence of electors (2) Any elector may be present at any place where and at any time when the votes for each candidate are being counted. 209