FACL Endorsement Policy
The Federation of Asian Canadian Lawyers (“FACL”) is occasionally asked to endorse candidates for an award or election/appointment to a position in public office, a professional organization and/or a self-governing body of the legal profession.
This Endorsement Policy is applicable to the FACL National Board[1], as well as all the Regional Executive of each of FACL’s chapters.[2]
1. Purposes
(a) To maintain and protect the credibility of FACL by ensuring that it endorses only those candidates who reflect its values, promote its mandate, and have achieved a level of excellence in their field;
(b) To ensure consistency in the criteria used to determine whether a candidate should be endorsed; and
(c) To promote transparency in the process followed to determine whether a candidate should be endorsed.
2. Process for Endorsing Candidates
Any member of FACL may recommend a candidate for endorsement.
If the endorsement is for an award granted by or an election/appointment to a regional government, organization or regulatory body, then the endorsement must be approved by a resolution of the Regional Executive.
If the endorsement is for an award granted by or an election/appointment to a national government, organization or regulatory body, then the endorsement must be approved by a resolution of the FACL National Board.
3. Criteria for Endorsing Candidates
In determining whether to endorse a particular candidate for an award or election/appointment to a position in public office, a professional organization and/or the self-governing body of the legal profession, FACL should be guided by the following factors:
· Whether the candidate is a member in good standing of at least one chapter of FACL;
· Whether the candidate has demonstrated a commitment to promoting equity, justice and opportunity for Asian Canadian legal professionals and, more broadly, the Asian Canadian community (whether through his or her involvement in FACL or otherwise);
· Whether and to what extent the candidate has been involved with FACL and supported its initiatives;
· Whether the candidate has achieved a level of excellence in his or her field; and
· Whether the candidate has been a leader in the Asian Canadian legal community and, more broadly, the Asian Canadian community.
No one factor is determinative, and this is not intended to be a rigid checklist of pre-requisites. Rather, the factors are a flexible set of criteria to be applied on a case-by-case basis. In addition to considering these factors, the primary consideration of the FACL National Board and/or the Regional Executive shall at all times be the best interests of FACL.
4. Conflicts
Every member who wishes to recommend a candidate for endorsement must disclose to the Board any material interest in the endorsement, including by specific employment, representation of a client, or personal relationship with the candidate.
Every Board or Regional Executive member who wishes to vote on the endorsement of a candidate must also disclose to the Board or Regional Executive any material interest in the endorsement, including by specific employment, representation of a client, or personal relationship with the candidate. If a conflict is determined by the rest of the Board or Regional Executive to exist, the Board or Regional Executive member must recuse him or herself from the vote.
5. Personal Endorsements
This Endorsement Policy does not prevent any individual members of the FACL Board or any Regional Executive from endorsing any candidates in their personal capacity.
[1] In accordance with transitional provisions, and until full implementation of the national and regional governance structure, the FACL National Board is FACL Ontario’s board.
[2] Currently, FACL BC, FACL Western, FACL Ontario, and FACL Eastern. See By-Law No. 1.