Racist Undertones and the Secrecy of Law Firms on Bay Street

Myra Mansoor
Jul 6, 2021
5 min read

Although conversations surrounding diversity and the participation of black people in the legal field have increased over the years, especially with the Black Lives Matter movement, law firms continue to possess racist sentiments. Blind to the overrepresentation of white people, firms and corporations take pride in circulating pamphlets and publicly advertising their love and passion for diversity. However, every person of color who has been given the chance to work on Bay Street has something to say about the racist environment and dealing with problems which the overwhelmingly white population does not face.

Numerous legal professionals within Ontario have stepped forward, sharing their stories of struggling to relate to their co-workers in law firms given the drastic differences between respective backgrounds and experiences. The issue presents itself through multiple avenues including social settings in which Black people tend to be blatantly excluded, especially in colleague gatherings such as after work drinks which are specifically designed to build a sense of community. Social affairs of that nature are essential for the expansion of one’s network while fostering healthy friendships yet people of color gain nothing from them (2).

The social assimilation of Black people in the corporate world is further hindered through the illegitimate yet increasing use of nepotism. The inequitable practice enables favouritism and allows the powerful and mostly white legal professionals to give an unfair preference to their own white family members or friends, during the process of recruitment. The complete disregard of other eligible and worthy candidates, simply to maintain connections or return family favors, limits the chances of Black people gaining access to prestigious law firms on Bay Street (2).

Back in 2017, University of Toronto law school graduate Hadiya Roderique realized that the big law firms on Bay Street pay very little attention to merit, proving how the North American dream is exactly that. A dream, rather than a reality (3). It is scientifically proven that humans tend to surround themselves with individuals similar to them, who in turn validate their choices and actions. To some extent, this explains why white people continue to dominate big firms, as they hire people who physically look just like them.

To further illustrate the issue, a survey conducted by the Law Society of Ontario in 2014 revealed that 57% of racialized people believe that having different cultural backgrounds is a career disadvantage (5). Although a few firms are aware of their lack of diversity, their attempts to employ people of color falls short due to a fundamentally flawed system.

Hadiya put it best in her bombshell essay published by the Globe and Mail when she said

They hire people who fit into the firm as it already exists (2)

As a response, the President of the Canadian Bar Association acknowledged the barriers faced by people of color by stating that

systemic discrimination is unfortunately baked into the system

adding on that

you have to fight pretty hard to defy the odds

in order to make it (2).

Society and its institutions have become fixed in their discriminatory views, allowing little to no flexibility for change to take place. These unfair and unyielding practices have normalized people of color to work much harder in order to be offered the same opportunities as their white counterparts.

In recent years, multiple Black legal professionals have come forward in exposing big law firms, revealing their true colors, by sharing stories of implicit and explicit racism they faced on a daily basis. The prejudice is evident even through small acts including, being falsely assumed for an assistant rather than a lawyer, repeatedly ignored, talked over in meetings and participating in uncomfortable and rather inappropriate conversations focused on their physical appearance which includes, but is not limited to, their hair and clothing.

Employers do their best in concealing their blatant racism which is evident through their refusal to engage in operations aimed at tackling their biases. A prime of example of this includes the collection of data to investigate the exact levels of diversity and eventually make the information accessible to the public. The Globe and Mail stepped forward by reaching out to twenty different law firms and asked their employees to answer survey questions in the hopes of taking a step closer to the truth. Out of the twenty firms, it has been reported that only about half of them provided the information, with only a few willing to share the findings. The others were insisting on maintaining complete privacy and denied their participation in the survey. Six firms including Osler, Bennet Jones, Davies, McMillian, Blaney McMurtry and Folger Rubinoff, all declined the sharing of the findings of the investigation to the public, with WeirFoulds blatantly declining to answer any questions (2).

McCarthy Tretault happened to be the only law firm confident enough to be completely transparent with the survey, alongside Fasken, Goodmans, Dentons and Aird & Berlis who were also fairly open. The CEO of Tretault, Dave Leonard, admitted that around 2% of the lawyers, partners and articling students at the firm identified as Black, confessing how he was not proud about the levels of diversity (2).

Unlike other companies which choose to stay silent and brush their shortcomings under the rug, Dave Leonard decided to share it anyways and claimed

transparency is part of how we’re going to solve this. He acknowledged his own position of privilege when he commented I do recognize that I’m here because of hard work and intelligence and all the rest of it. But I’m also here because of my role and my place in society, and where I grew up and how I grew up and how I grew up and the colour of my skin and my gender (2)

Not only is there a dire need for more transparency at the hands of law firms, but effort also needs to be made to ensure that Black lawyers feel safe enough to share their valuable stories regarding discrimination. Bay Street is relatively small; therefore individuals refrain from sharing their experiences in fear of being blacklisted, labelled as disloyal and being subjected to critical remarks which are to follow inevitably (3). The reputation of entry level lawyers depends on the biased opinions of upper-class white men who want their employees to be obedient and submissive. Unfortunately, speaking one’s truth or advocating for change actively obstructs the advancement of an individual’s career.

The spirits of bright lawyers from various backgrounds continue to crush due to the consistent forms of prejudice and the lack of acceptance they face in big law firms. To address the problem, a thorough investigation needs to be conducted looking into the biggest law firms in Ontario. When people are presented real statistics and numbers, they are bound to take the matter more seriously since the information is available to the public and not something that can be easily dismissed. The publishing of such reports would also allow Black lawyers to feel more comfortable in sharing their personal experiences through major news outlets like Hadiya Roderique, without the constant fear of being targeted. All in all, encouraging open discussions of such a pressing issue and giving Black lawyers a voice is the very first step in tackling the discriminatory system.

Endnotes

Anne Gaviola. “First-hand accounts of what racism looks like in Corporate Canada.” BNN Bloomberg, October 5, 2020. https://www.bnnbloomberg.ca/first-hand-accounts-of-what-racism-looks-like-in-corporate-canada-1.1501573.
Christine Dobby, “Why are there still so few Black lawyers on Bay Street?” The Globe and Mail, July 17, 2020. https://www.theglobeandmail.com/business/article-why-are-there-still-so-few-black-lawyers-on-bay-street/.
Hadiya Roderique, “Black on Bay Street: Hadiya Roderique had it all. But still could not fit in.” The Globe and Mail, November 4, 2017. https://www.theglobeandmail.com/news/toronto/hadiya-roderique-black-on-bay-street/article36823806/.
Star Staff, “3.2 per cent of Ontario’s lawyers are Black. Why that’s a problem for law and society.” Toronto Star, August 31, 2020. https://www.thestar.com/podcasts/thismatters/2020/08/31/35-per-cent-of-ontarios-lawyers-are-black-why-thats-a-problem-for-law-and-society.html#:~:text=The%20Law%20Society%20of%20Ontario,of%20Ontario’s%20lawyers%20are%20Black.
Veronica Appia, “Why are there so few Black lawyers in Ontario?” Toronto.com https://www.toronto.com/news-story/10128115-analysis-why-are-there-so-few-black-lawyers-in-ontario-/