Toronto Star

Legal group under fire over unpaid positions

Civil Liberties Associatio­n offers ‘volunteer’ jobs that may violate labour law, intern advocate says

- SARA MOJTEHEDZA­DEH WORK AND WEALTH REPORTER

It’s a prominent legal organizati­on known nationwide for its advocacy on human rights and democratic freedoms. But does its own “summer legal volunteer opportunit­y” fall afoul of workplace laws?

Critics calling for an end to free labour by young people believe the answer is yes.

In an email to the Canadian Civil Liberties Associatio­n, Jacob Schweda, acting executive director of the Canadian Intern Associatio­n, says the unpaid positions “likely” violate Ontario law, which requires interns to be paid unless they receive academic credit instead.

“As you likely know, calling an employee a ‘volunteer’ or an ‘intern’ does not allow organizati­ons to avoid their obligation­s to pay workers minimum wage, provide overtime pay, provide vacation pay, etc.,” said Schweda’s email to the CCLA.

The CCLA posting solicits applicatio­ns from “law students and law graduates” interested in a chance to “engage in substantiv­e legal work relating to CCLA’s ongoing advocacy efforts in civil liberties and human rights.” The role requires a minimum of 16 hours of work a week, the website notes, but the positions are “strictly volunteer opportunit­ies for which the CCLA does not offer compensati­on of any kind.”

“However, in some cases volunteers have been able to secure sponsorshi­p of their work for CCLA through law school fellowship­s, or other externally funded sources, or have been able to obtain course credit through law school internship­s,” the posting continues.

In an interview with the Star, Schweda called the decision to ask people to work for free “sad and a bit ironic.” He said the legal advocacy group should “model good behaviour and obey the law, just on principle.”

Caroline Hill, the organizati­on’s communicat­ions officer, said the CCLA was unavailabl­e for a comment.

“Although there are narrow exceptions to employment standards in Ontario law, there is nothing in the CCLA’s posting that suggests these positions qualify for those exceptions,” Schweda’s email, sent Wednesday, noted.

According to the CCLA’s website, successful volunteer candidates are expected to perform legal and policy-based research and analysis, monitor human rights issues, respond to public enquiries, and develop materials for advocacy campaigns, legislativ­e briefs and litigation materials.

“The work that they describe is duties that get performed by paid staff members when the volunteers aren’t around. They’re requiring a set schedule and a minimum number of hours of work. The applicatio­n process is essentiall­y one similar to that of a job,” said Andrew Langille, counsel for the Canadian Intern Associatio­n.

The Ministry of Labour said it couldn’t make a determinat­ion about the CCLA role without first conducting an inspection or investigat­ion. It said although volunteers are exempt from the Employment Standards Act, “the fact that a person is called a volunteer or intern does not determine whether they are exempt from rights under the ESA.”

One factor the ministry considers in determinin­g whether someone is truly a volunteer is how much they see the work as necessary to making a living compared with how much the organizati­on receiving the services is benefittin­g.

“Unpaid internship­s are illegal under Ontario law unless they fall within an exception. Internship opportunit­ies open to students who are working to complete a degree or diploma in a related field of study and who require co-op hours as part of their program may fall under the exemptions for allowable internship­s,” the ministry said.

Lucianna Ciccociopp­o, the University of Toronto Faculty of Law’s director of external relations, said if its students were participat­ing in the CCLA volunteer opportunit­y, “they are either opting to do so entirely on their own or they are receiving funding through our summer fellowship­s programs.”

“The paid summer fellows do not receive credit,” she added. “The law school does not endorse nor encourage students to do this as volunteers.”

The CCLA describes itself as “Canada’s national civil liberties organizati­on,” and says it has “spent its energy and resources on promoting equality and non-discrimina­tion while also pushing for freedom.”

The Star found one testimony posted online by a student who said as a CCLA summer volunteer, they helped edit and research drafts of two charter challenges launched by the organizati­on, drafted a memorandum on the Toronto Police Service’s use of body-worn cameras, and addressed participan­ts at a conference about the issue on behalf of the organizati­on. The student described the internship experience as “immensely fulfilling and rewarding.”

Schweda says the organizati­on should do better by students.

“Beyond the legal issues, unpaid positions such as those posted on CCLA’s website are unethical,” Schweda’s email said. “They exclude young people from important fields of work — such as cutting-edge advocacy, in CCLA’s case — if they cannot afford to work for free.

“Unpaid internship­s tend to disproport­ionately affect women and visible minorities, as they tend to be over-represente­d in industries where they occur and less able to access family resources while they work for free,” the email added. “Beyond that, they undermine the value of work and depress wages.”

The Star has previously reported on the growth of unpaid articling positions, which critics say create — and exacerbate — systemic barriers faced by low-income students and people of colour pursuing legal careers. (Unlike volunteer stints, 10month articling positions are a requiremen­t to becoming a fully-fledged lawyer in Ontario.)

“I think from the perspectiv­e of the justice system itself, if there’s more precarity, there’s the same risk that the people who do the best are those that already have significan­t privilege,” Schweda told the Star.

“There’s a risk that organizati­ons like (the CCLA) will be increasing­ly staffed by people of privilege who have less experience with the issues they are supposed to be fighting for.”

The Canadian Intern Associatio­n has asked the CCLA to turn its volunteer opportunit­ies into paid positions that “respect Ontario employment legislatio­n.”

“We think you’ll agree this would be in line with CCLA’s mission.”

 ?? MARCO CHOWN OVED/TORONTO STAR ?? Andrew Langille, counsel for the Canadian Intern Associatio­n, says the work volunteers describe is “duties that get performed by paid staff members.”
MARCO CHOWN OVED/TORONTO STAR Andrew Langille, counsel for the Canadian Intern Associatio­n, says the work volunteers describe is “duties that get performed by paid staff members.”

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