FACL Western Comments on Proposed Amendments to Corporate Governance Disclosure
On April 13, 2023, the Canadian Securities Administrators issued a notice and request for comment on its proposed amendments to Form 58-101F1 Corporate Governance Disclosure (Form 58-101F1) of National Instrument 58-101 Disclosure of Corporate Governance Practices (NI 58-101) pertaining to board nominations, board renewal and diversity (the Proposed Amendments).
Summary
The CSA presented two forms of amendments: Form A and B. The Proposed Amendments would require disclosure on aspects of diversity beyond the representation of women (a requirement added in 2014).
Form A “would introduce the concept of “identified group”, meaning a group of individuals with a shared personal characteristic, whose representation on the issuer’s board or in its executive officer positions has been identified by the issuer as being part of the issuer’s strategy respecting diversity, but does not include women.”
Form B “would introduce the concept of “designated groups”, meaning persons who self-identify as one or more of the following: Indigenous peoples, LGBTQ2SI+ persons, racialized persons, persons with disabilities or women. Each of these groups (except women) would also be defined.”
FACL Western recognizes the important of diversity on boards and in senior management positions within Canada, strongly supports Form B, and submitted comments to the proposed amendments on September 29, 2023. Disclosure of information would show investors that issuers have thought about their commitment to diversity at the highest levels of their organizations.
Read FACL Western’s full submissions here.
The CSA’s Request for Comments can be found here.
Thank you attendees: FACL Mentorship Dinner
FACL Western 2022 Mentorship Dinners
We are happy to celebrate the successful completion of FACL Western’s 2022 Mentorship Dinners. These dinners took place in all three FACL Western provinces and were wonderfully hosted by the respective members of the student committee from Calgary, Edmonton, Saskatoon and Winnipeg.
These dinners gave 81 pan-Asian students and lawyers the opportunity to connect with each-other and build a strong community within their cities. Mentorship is one of FACL’s core principles as we always work toward promoting opportunities for Asian Canadian legal professionals.
We would like to thank Osler Hoskin & Harcourt LLP for sponsoring the dinners for all four cities. This opportunity would not have been possible without their generous contribution. We would also like to thank the Mentors for taking the time out of their busy schedules to educate and inspire the next generation of Asian Canadian lawyers.
September Update: Diversity in the City Gala
Our 2022 Diversity in the City Gala was a resounding success! Over 220 attendees mingled, reconnected, and listened to the stories of persons of colour from all walks of life. We were encouraged to see representation and allyship from national firms to solo practitioners, partners and associates.
Calgary mayor Jyoti Gondek and Kathy Le (CTV News) told their heartfelt stories about systemic discrimination and the need to unite for positive change and understanding. Local artists, Harvey Nichol and Ryle Ramirez, shared about their artistic expressions of the Canadian immigrant experience. And we celebrated Asian heritage with a traditional lion dance from Jing Wo Cultural Association and a Bollywood dance performance from Ghunagroo Beats.
Thank you for being there. We hope to see you next year!
FACL Western Statement for National Day of Truth and Reconciliation
On this second National Day for Truth and Reconciliation, we reflect on and acknowledge the history and truthful impacts of residential schools in Alberta. It is important to acknowledge that the effects of colonialism are still ongoing. We need to keep teaching and learning the truth of what has happened--and what is happening. We need to move beyond performative acts of reconciliation. We must take action by being allies and moving towards meaningful reconciliation.
On this second National Day for Truth and Reconciliation, we reflect on and acknowledge the history and truthful impacts of residential schools in Alberta. It is important to acknowledge that the effects of colonialism are still ongoing. We need to keep teaching and learning the truth of what has happened--and what is happening. We need to move beyond performative acts of reconciliation. We must take action by being allies and moving towards meaningful reconciliation.
FACL Western stands in solidarity with the Indigenous community. As legal professionals, it is our duty to advocate for the rights and freedoms of all persons and to oppose oppression. This duty does not stop with the Asian community. As historically marginalized communities, we must stand together with Indigenous communities in condemning violence, oppression, and racism.
Sadly, anti-Indigenous racism also exists in the legal profession. This year, we have recommitted ourselves towards strengthening interracial solidarity with Indigenous communities in Canada.
The establishment of September 30 as the National Day for Truth and Reconciliation responds to Call to Action 80, issued by the National Truth and Reconciliation Commission of Canada, which “calls upon the federal government, in collaboration with Aboriginal peoples, to establish, as a statutory holiday, a National Day for Truth and Reconciliation to honour Survivors, their families and communities, and ensure that public commemoration of the history and legacy of residential schools remains a vital component of the reconciliation process.”
The National Day for Truth and Reconciliation is a day of remembrance, and an opportunity for Canadians to acknowledge the intergenerational harm caused by the schools.
On September 30, wear an orange shirt. Wearing an orange shirt symbolizes the harm done to residential school students and their families, and shows a commitment to the principle that every child matters. By acknowledging and understanding the truth of the past, we can take steps to move forward towards reconciliation. The Orange Shirt Day movement started in 2013 after a Residential School Survivor spoke about having the orange shirt her grandmother bought for her taken away on her first day of school when she was 6 years old. You can read her story here: https://www.orangeshirtday.org/phyllis-story.html
The National Centre for Truth and Reconciliation is hosting a series of online events from September 26 to 30. These events will enable the public to participate in important conversations, including the truths of the Indigenous treaties, First Nation, Métis and Inuit land claims, and the residential school system. More info and links to register are here.
The Calgary Public Library is also hosting a series of in-person events on September 30.
The Law Society of Alberta has a list of resources with events to attend on the day of and resources.
The CBA has also put together a helpful “Truth and Reconciliation Toolkit for Firms” that you can check out here.
In addition to these resources, the FACL Western Advocacy Committee has compiled a resource list at the bottom of this newsletter. We recognize that this is not a comprehensive, exhaustive list.
We encourage our membership to use these resources to better inform themselves of the pivotal contributions of Indigenous communities and how to be better allies in the struggle against anti-Indigenous discrimination. We also encourage our members to engage in continuous learning and action beyond the day of September 30.
Resource List for National Day for Truth and Reconciliation
Short videos:
Talk to your kids about how to be an ally to Indigenous peoples (this has great steps for adults too!). Video is here
Talk to your kids about reconciliation (this has great teachings for adults too). Video is here
Watch Bob Joseph talk about 21 things you may not know about the Indian Act. Video is here.
Readings on Truth and Reconciliation in Canada:
“Truth and Reconciliation Commission of Canada: Calls to Action”. Full report can be read here.
“Reclaiming Power and Place: The Final Report of the National Inquiry into Missing and Murdered Indigenous Women and Girls”. Full report can be read here.
**Trigger Warning, this toolkit is based on a very powerful film that may trigger an emotional response in many. The Hope For Wellness Helpline is available 24-hours a day at 1-855-242-3310.** Toolkit is available here.
Free courses on our history of and ongoing issues with colonialism:
Take the 12-lesson online course, “Indigenous Canada” from the U of A Faculty of Native Studies that explores the different histories and contemporary perspectives of Indigenous peoples living in Canada. Link to register is here.
Choose from or take all of the online Reconciliation Education courses. More info and link to register here.
Documentaries:
**Trigger Warning, this is a very powerful film that may trigger an emotional response in many. The Hope For Wellness Helpline is available 24-hours a day at 1-855-242-3310.**, “Unforgotten”
Activities to do on the day:
Learn about and participate in a local “Kairos Blanket Exercise”
Learn to make a ribbon skirt with Tala Tootoosis
Read an autobiography written by an Indigenous person. A couple of ideas include Augie Merasty’s “The Education of Augie Merasty”, Christy Jordan-Fenton and Margaret Pokiak-Fenton’s “Fatty Legs: A True Story”, and Mini Adola Freeman’s “Life Among the Qallunaat”.
Check out these “150 Acts of Reconciliation” and follow the items on the list from last year
Podcasts:
Indigenous organizations to support:
Subscribe to Raven Reads,
Check out local Indigenous artists and businesses as well!
Asian Heritage Month 2022
In celebration of Asian Heritage Month, we highlight Asian lawyers and students throughout the legal profession. We hope you enjoy reading their stories.
In celebration of Asian Heritage Month, we highlight Asian lawyers and students throughout the legal profession. We hope you enjoy reading their stories.
Thanks to Lillian Pan, Joey Chan, Sean Nguyen, George Wong, Oliver Ho, Lainie Chan, Holly Wong, Kristi Wong, Sirisha Valupadas, Kritika Sharma, Pavin Takhar, Afshan Naveed, Kathy Zhang, Jas Badyal, Sania Chaudhry, and Timothy S. Chan for participating.
International Women's Day 2022
In celebration of International Women’s Day 2022, FACL Western interviewed Asian women in the legal community. Join us in recognizing their achievements, and read about their experiences and advice for practitioners and students.
Thank you to everyone for sharing their stories.
In celebration of International Women’s Day 2022, FACL Western interviewed Asian women in the legal community. Join us in recognizing their achievements, and read about their experiences and advice for practitioners and students.
Thank you to everyone for sharing their stories.
Celebrating Black History Month
FACL Western honours the extensive legacy and continuing contributions of Black people in Canada. This year’s theme is “February and Forever: Celebrating Black history today and every day”. Black history is Canadian history, and we need to engage in continuous learning and anti-racism action.
This Black History Month, FACL Western honours the extensive legacy and continuing contributions of Black people in Canada. This year’s theme is “February and Forever: Celebrating Black history today and every day”. Black history is Canadian history, and we need to engage in continuous learning and anti-racism action beyond February.
FACL Western stands in solidarity with the Black community. As members of the legal profession, it is especially our duty to advocate for the rights and freedoms of all persons and to oppose oppression. This duty does not stop with the Asian community. As historically marginalized communities, we must stand together with Black communities in condemning violence, oppression, and racism, and in celebrating the innovations and contributions of Black Canadians. We also recognize the historical ties between Asian and Black communities and the fact that there are members of our communities with both Asian and Black heritage.
FACL Western recognizes that anti-Black racism continues to exist in the legal profession and our society. This year, we have recommitted ourselves towards strengthening interracial solidarity with Black communities, including the Black legal community in Canada.
The FACL Western Advocacy Committee has compiled the below Black History Month resource list to highlight and amplify Black voices and histories. We recognize that this is not a comprehensive, exhaustive list.
We encourage our membership to use these resources to better inform themselves of the pivotal contributions of Black communities and how to be better allies in the struggle against anti-Black discrimination. We also encourage our members to engage in continuous learning and action beyond the month of February.
Black History Month Events:
· February 10, 2022: Black Legal History in Alberta – CABL Alberta and BLSA present
· February 26, 2022: UNGANISHA – Woezo Africa
· Various Dates in Feb 2022: Govt of AB – Black History Month Events
· Various Dates in Feb 2022: City of Calgary – Black History Month Events
· Various Dates in Feb 2022: University of Alberta – Black History Month Events
Legal Organizations
· Canadian Association of Black Lawyers
· Black Law Students Association of Canada
· Black Female Lawyers Network
Black History Month Resource List
· Letter from Susannah Alleyne, Law Society of Alberta’s Equity, Diversity & Inclusion Counsel and Equity Ombudsperson, “Black History Month: Black History is Canadian History”
· Statement from Justin Trudeau, Prime Minister of Canada, “On Black History Month”
· Government of Canada, “About Black History Month”
· University of Calgary, “Black Albertans You Should Know”
· CBC Books, “25 Books about being Black in Canada”
· CBC, “Black on the Prairies”
· Courthouse Libraries of BC, “Black Lives Matter: Resources on Social & Legal Issues”
· The Canadian Encyclopedia, “Black History Month”
· The Canadian Encyclopedia, “Violent King” (the first Black woman lawyer in Canada”)
· Kayla Smith and Charles Campbell, “Why We Need More Black Students in Canadian Law Schools”
· Samantha Peters, “We Need More Black Women in Law – Here’s Why”
· Sandy Hudson, “These Podcasts Will Expand Your Understanding of Racism”
· National Film Board of Canada, “Black Communities in Canada”
· Podcast: Cite Black Women
· Podcast: Portraits of Black Canadians
· ABC’s of Canadian Black History Kit
· CBC Gem, “The Skin We’re In”
· CBC Curio, “RDS vs. A Story of Race and Justice”
Anti-Racism, Allyship and Action Resource List
· Tayo Bero, University of Calgary “University Affairs”, “Addressing anti-Black racism on campus”
· 30+ Ways Asians Perpetuate Anti-Black Racism Everyday
· 7 Ways Non-Black People of Color Perpetuate Anti-Blackness
· 'Model Minority' Myth Again Used As A Racial Wedge Between Asians And Blacks
· 20 + Allyship Actions for Asians to Show up for the Black Community Right Now
· Letters for Black Lives Canada
· Podcast: Why Now, White People?
· Podcast: The Racial Reckoning That Wasn’t
FACL Statement on International Day Against Homophobia, Transphobia & Biphobia
In recognition of International Day against Homophobia, Transphobia & Biphobia, let’s take a moment to share in the condemnation of all forms of discrimination against the LGBTQ2IA+ community. As legal advocates, FACL continually endeavors to advance conversations regarding equal justice and opportunities for the LGBTQ2IA+ community. Stay tuned for details on events later this summer to support Pride!
In recognition of International Day against Homophobia, Transphobia & Biphobia, let’s take a moment to share in the condemnation of all forms of discrimination against the LGBTQ2IA+ community. As legal advocates, FACL continually endeavors to advance conversations regarding equal justice and opportunities for the LGBTQ2IA+ community. Stay tuned for details on events later this summer to support Pride!
The Equality, Diversity & Inclusion committee of the Canadian Bar Association is hosting a virtual workshop on being an engaged bystander in partnership with the Centre for Sexuality in Calgary today from 3:00 – 4:30PM MST.
We encourage you to refer to the following organizations and resources for additional information and education on our recently posted statement.
FACL and the LGBTQ+ Community
FACL and the LGBTQ+ Community
The Federation of Asian Canadian Lawyers (“FACL”) is a proud supporter of 2020 Western Canadian Pride. On September 14, FACL also hosted the Pride @ Work webinar. Pride @ Work was a panel discussion regarding the intersectionality between sexual orientation and race. Jas Badyal, Legal Practitioner and Dr. Sharanpal Ruprai, Professor of Women's and Gender Studies at the University of Winnipeg, highlighted the relationship between the LGBQT+ community and the legal community at large.
FACL and the LGBTQ+ Community
The Federation of Asian Canadian Lawyers (“FACL”) is a proud supporter of 2020 Western Canadian Pride. On September 14, FACL also hosted the Pride @ Work webinar. Pride @ Work was a panel discussion regarding the intersectionality between sexual orientation and race. Jas Badyal, Legal Practitioner and Dr. Sharanpal Ruprai, Professor of Women's and Gender Studies at the University of Winnipeg, highlighted the relationship between the LGBQT+ community and the legal community at large.
FACL’s core values are inclusivity and tolerance. FACL is motivated to stand with the LGBTQ+ community in addressing the disparities at every level of the justice system. FACL strives to raise awareness of the social and economic stigma faced by the LGBTQ+ community in work and personal life. As legal advocates, we remain open minded to advance conversations regarding equal justice and opportunities for the LGBTQ+ community.
In or around the months of June to August, cities worldwide celebrate Pride events to raise awareness for the LGBTQ+ community. The first events were held in 1970 in New York City, Chicago, Los Angeles, and San Francisco to commemorate the first anniversary of the New York City Stonewall riot, a pivotal moment in the LGBTQ+ community social movement.[1] In 2019, the largest Pride event in history was held in New York City, with over five-million people in attendance.[2]
1973 marked the first Pride events in Canada with Toronto, Vancouver, Montreal, Ottawa, Saskatoon, and Winnipeg hosting documentary screenings, dances, picnics, art festivals, and rallies.[3] To this day, Pride events continue to take place annually in Canadian Provinces. Although, Canada recognizes the LGBTQ+ community as a protected group, there are regular occurrences of discrimination that arise. Discrimination of the LGBTQ+ community serves as a call to action for our organization and members of the general public to continually promote equality.
We encourage you to refer to the following organizations and resources for additional information:
Edmonton
Pride Centre of Edmonton: https://pridecentreofedmonton.ca/
The Family Centre: https://www.familycentre.org/rainbow-pages
Queer YEG: https://www.queeryeg.ca/
Rainbow Alliance for Youth of Edmonton: https://rainbowallianceyeg.ca/
Edmonton Pride: https://www.edmontonpride.ca/
Calgary
Calgary Outlink: https://www.calgaryoutlink.ca/
Centre for Sexuality: https://www.centreforsexuality.ca/
Boys & Girls Clubs of Calgary: https://www.boysandgirlsclubsofcalgary.ca/our-impact/lgbtq25/
Calgary Queer Arts Society: https://www.calgaryqueerartssociety.com/
Calgary Pride: https://www.calgarypride.ca/
Saskatoon
OUTSaskatoon: https://www.outsaskatoon.ca/
Saskatoon Pride: https://saskatoonpride.ca/
Queen City Pride: https://queencitypride.ca/
Winnipeg
Out There Winnipeg: https://www.outtherewinnipeg.ca/
Manitoba LGBT Chamber of Commerce: https://mb-lgbt.biz/
Pride Winnipeg: http://www.pridewinnipeg.com/
Reaching Out Winnipeg: https://reachingoutwinnipeg.com/
On behalf of the Federation of Asian Canadian Lawyers Society
--
[1] https://web.archive.org/web/20160422105803/http://www.pbs.org/wgbh/americanexperience/blog/2011/06/09/pride-parade/
[2] https://abcnews.go.com/US/million-people-crowed-nyc-worldpride-mayor/story?id=64090338
[3] https://www.mindenpride.ca/history-of-pride/history-of-pride-in-canada/
FACL Western Response to COVID-19
FACL Western Response to COVID-19
Dear friends and supporters:
Since the first diagnosis of COVID-19 in Canada in February 2020, all communities have been adversely affected in a variety of ways. We write this open letter to highlight the experiences of one such community, the Asian-Canadian community, and to express our wholehearted sympathies and support amidst a marked increase in anti-Asian racism and discrimination.
FACL Western Response to COVID-19
Dear friends and supporters:
Since the first diagnosis of COVID-19 in Canada in February 2020, all communities have been adversely affected in a variety of ways. We write this open letter to highlight the experiences of one such community, the Asian-Canadian community, and to express our wholehearted sympathies and support amidst a marked increase in anti-Asian racism and discrimination.
In a June 2020 poll, over 500 Asian-Canadians, particularly of Chinese ethnicity, indicated they were called racist names and insults since the beginning of the pandemic. Nearly 3 in 10 of them were exposed to racist graffiti and social media messages. A separate study showed that there have been more reported racist incidents against Asian-Canadians per capita in Canada than in the United States. 60% of the reported incidents were targeted at women, and nearly 30 % involved some type of assault. As a result of misinformation about the COVID-19 virus, Chinese-owned restaurants and other businesses across the country have suffered losses and even closed their doors permanently. Similarly, South-Asian-owned businesses in Calgary were reported to have been heavily impacted after rumours of a “super-spreader” wedding occurred in the same Northeast plaza.
Beyond these trends, racial discrimination has also come from our own political leaders. On November 25, 2020, Premier Kenney appeared on RED FM, Calgary’s South Asian radio station, and singled out South Asian residents in Northeast Calgary with a “wake up call” as the cause of the largest spread of COVID-19 in Alberta. Many were seriously concerned with the scapegoating effect of his statement, which perpetuates stereotyping that a certain ethno-cultural demographic is unsafe and more likely to spread COVID-19. Premier Kenney’s comments are also problematic because they fail to recognize the much-needed resources for residents living in COVID red zones (including PPE and public health knowledge translation) and ignores other socio-economic factors which are significantly prevalent. While Premier Kenney said he did not intend to blame or target anyone, the effect of his comments was quite the reverse, as it demonstrated that racial discrimination, in a pabndemic, is permissible and justified.
Sadly, a recent string of violent incidents against Asian individuals in California have come to light – including multiple attacks against elderly Asian individuals – and these events have renewed the attention on anti-Asian racism during the pandemic. Even though the motivation for some of these assaults are still unclear, the ultimate effect of these attacks are nevertheless problematic, as it instills fear and distrust within Asian communities, especially amongst the vulnerable, elderly population.
As Asian-Canadians and members of the legal profession, FACL Western continues to speak out against any forms of racism and discrimination. FACL Western vehemently denounces these racially discriminatory acts, statements, sentiments and we stand in solidarity with all those affected by racism during this pandemic.
At a time when communities should unite rather than in-fight, FACL Western encourages community members to be an ally to Asian communities, and to each other, in their efforts to cope during this pandemic. In the face of fear, we urge understanding. In the face of misinformation, we urge education. You can stand in solidarity by condemning the terms “China Virus”, “Kung Flu” or other racist labels that promotes anti-Asian bias. You can use social media cannels to denounce hate speech, racism and misinformation. You can choose to support local businesses, many of which are owned and operated by individuals of minority groups. We believe that we can remain united while we are physically apart. We urge community members to support each other however they are able. Only then will we be able to persevere through 2021 and the enduring effects of COVID-19.