Legal group under fire over unpaid positions
Civil Liberties Association offers ‘volunteer’ jobs that may violate labour law, intern advocate says
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.”