Every time I see another member of the bar taking the time to analyze the fallout from the Law Society of Ontario‘s CEOSS and the release of the O’Connor Report, I feel happy. And proud. For a host of reasons. One, because there are people who care to take the time to do this work for us all. Two, because sometimes I worry I spent too much time on it myself, but then I see others who are even more thoughtful and more engaged. That means they are also unafraid. While I well understand why most licensees fear retaliation from the Society, if everyone did, nobody would speak out. And at least some of us must.

Michael Cochrane does a very thorough analysis. One question he asks is in the back of all our minds. WHY?? Why would any of our elected Benchers go to these great lengths to do things that they either knew or ought to have known would minimally look bad, probably smell bad, and might actually be very bad. With all this hanging over the Society’s head, it cannot expect to ever get on with “business as usual.” Without doing more, a fair lot more.

Here is Priority #1: Those still there who were involved in it can’t just stay in their seats and continue to govern us. Which of our members is going to heed advice or condemnation over allegations of a perceived conflict of interest for example at the direction of this group at this time? Not before a serious investigation, undertaken with those involved not sitting in Convocation at all and not participating in crucial decision making on our behalf. Until further notice, following a proper investigation and independent determinations about the relevant conduct. They must show us we are all subject to the same scrutiny, the same rules. That nobody’s actually protecting their own or even allowing it to appear as if they are. Appearances can be every bit as important, and they are.

Here is a very thorough look at it all by Michael Cochrane for Law360

https://www.law360.ca/ca/pulse/articles/2320568/the-o-connor-report-drama-a-whodunit-or-keystone-kops-michael-cochrane-