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Diversity in the Workplace
Wednesday, April 10, 2013
David R. Allgood
Executive Vice-President and General Counsel Royal Bank of Canada
Sonia Regenbogen
PartnerHeenan Blaikie
Av Maharaj
Vice President and Chief Counsel, International Kellogg Company
John Mountain
SVP Legal, CCO & Corporate Secretary NEI Investments
Sandra Barton
PartnerTable of Contents
1. Presentation
Slides
2. Biographies for David R. Allgood, Sandra Barton, Av Maharaj, John Mountain and Sonia Regenbogen
hbprofessionaldevelopment.com
heenanblaikie.com
Presenters
2
David R. Allgood
Executive Vice-President
and General Counsel
Royal Bank of Canada
Sandra Barton
Partner
Heenan Blaikie
Av Maharaj
Vice-President and Chief
Counsel, International
Kellogg Company
John Mountain
SVP Legal, CCO and
Corporate Secretary
NEI Investments
Sonia Regenbogen
Partner
Legal Leaders for Diversity & Inclusion
Key Accomplishments
• Launch of
The Statement of Support for Diversity
• Introduction of the
“Be an Advocate”
document
• Kick-off Event
– Lieutenant Governor David Onley
– 35 Signatories – now over 75 Signatories
• Law Firm Outreach
– Met with top 20 Toronto firms’ managing partners and their D&I
officers
– Similar success in the regions
• Law School Outreach
– Queen’s University, Osgoode Hall Law School, University of
Ottawa, University of Sherbrooke, University of Victoria,
University of Manitoba, Windsor University, University of Toronto
and Dalhousie University.
Key Accomplishments (cont’d)
• Law Schools – Creating a More Diverse Pipeline
– Launched a trial mentoring program for students of diversity at
Osgoode Hall Law School in the fall of 2012.
• People with Disabilities Initiative
– July 2012, the Federal Government struck a panel chaired by an
LLD member (Ken Fredeen), which was formed to report on
Labour Market Opportunities for Persons with Disabilities.
• Conferences
– CABL
–
Justicia
– Queen’s University
– LGBT Discussions
Key Accomplishments (cont’d)
• LGBT Initiative
– LLD hosted a group of senior gay and lesbian partners from
some of Canada’s largest law firms to discuss what barriers exist
and what can be done to break these barriers down in the legal
profession.
– In particular, the LLD was interested in knowing what General
Counsel could do to create a more inclusive legal profession for
LGBT lawyers.
• Communications
– LLD Website Launched
– Monthly electronic newsletters are sent to members highlighting
diversity celebrations, events and developments within the LLD.
Media Coverage
“David Onley, the lieutenant governor of Ontario, has commended the
launch of a new program that promotes diversity within the legal
departments of some of Canada’s biggest companies.”
“Head lawyers from dozens of Canadian companies are pledging to
make diversity and inclusion a priority in their workplaces.”
“In-house lawyers at some of Canada’s largest companies have
committed to lead efforts to give minorities, including people with
disabilities, more access to jobs.”
“…. But as with many things, little changes unless people and
organizations have to. As a result, pledges and statements about
diversity are nice but they aren’t enough unless they come with a way
to enforce them. Let’s hope, then, that companies move beyond the
Legal Leaders effort.”
“The launch of the Legal Leaders for Diversity and Inclusiveness
program was an inspiring event, with around 40 general counsels of
major organizations celebrating the initiative and considering their next
steps…”
Statement of Support
We commit to promoting diversity in the workplace. We value the
range of perspectives, ideas and experiences that diversity provides,
whether grounded in gender, race, sexual orientation, disability,
cultural background, religion or age.
We believe diversity and inclusion create a broader, richer
environment that enhances creative thinking, innovation and
problem solving. Inclusive organizations attract and retain top talent.
We will, therefore, encourage greater diversity and inclusion in our
own businesses and co-operate to foster these same values
throughout the legal profession and the larger Canadian business
community.
Statement of Support (cont’d)
We undertake to practise and advance diversity and inclusion by:
• Promoting diversity within our own departments.
• Considering diversity in our hiring and purchasing practices.
• Encouraging Canadian law firms to follow our example.
• Promoting diversity initiatives at all levels in the legal and business
community.
• Measuring the effectiveness of our efforts.
• We, as advocates for diversity and inclusion, will demonstrate our
commitment through specific actions including one or more of the
following “Be an Advocate” initiatives.
Be an Advocate
1. Create a “diversity-friendly” law department through actions as well
as words. Know your organization’s diversity plan and talk to your
groups about it to make sure they understand how important it is.
Be visible in your support; attend your organization’s diversity
events.
2. Hire from a diverse pool. Establish a diversity intranet website to
show role models for career progression.
3. Make diversity and inclusion a standing item on quarterly team
meeting agendas.
4. Build diversity and inclusiveness plans into employee reviews.
5. Create a mentoring program within your law department where
lawyers mentor people from diverse backgrounds. Consider two–
way- and reverse-mentorship programs, and also mentoring
Be an Advocate (cont’d)
6. Make coaching in diversity and inclusiveness part of all leadership
training. Educate your organization’s leaders to ensure they
understand, champion and effectively communicate the business
case for diversity and inclusion.
7. Consider establishing an External Diversity Advisory Committee to
guide business leadership. Find ways to measure success and
hold leaders accountable for progress in diversity and
inclusiveness.
8. In dealing with outside law firms, make sure they know diversity is
one of your organization’s core values and that you expect to see
diversity and inclusiveness on your legal teams.
9. Retain minority- or women-owned law firms whenever possible.
10. Support vendors and suppliers whose ownership or employee base
reflects a commitment to diversity and inclusion.
11. Be an Advocate. Speak with other CLOs about diversity and
inclusiveness and share best practices.
Be an Advocate (cont’d)
12. Join with law schools to support initiatives such as Minority Law
Job Fairs.
13. Help develop Diversity Employee Networks and act as an
Executive sponsor of one of them.
14. Participate in or host a meeting of Legal Leaders for Diversity and
Inclusion.
15. Find and support an organization that promotes diversity, such as a
youth program or TRIAC.
16. Participate in programs such as ITLP where you host
internationally trained lawyers in your law department.
17. Use your general counsel networks to support diversity and
inclusiveness initiatives.
LLD Purpose Statement
To promote diversity and inclusion in our own
departments, organizations and throughout the legal
profession.
Bringing the Purpose to Life (the strategic priorities)
To promote diversity and inclusion in our own departments,
organizations and throughout the legal profession.
• What levers will we pull to achieve the mission?
• Promoting diversity and inclusion BY…
– General Counsel Office
– Law firm outreach
– Pipeline support
– Advocacy
Signatories
heenanblaikie.com
Diversity in the Workplace
If you require further details, contact:
Sandra Cooper
Professional Development Coordinator
Heenan Blaikie
Toronto Office
[email protected]
416 360.6336
David R. Allgood
Executive Vice-President and General Counsel Royal Bank of Canada
David R. Allgood is currently Executive Vice-President and General Counsel for Royal Bank of Canada and its subsidiaries.
Mr. Allgood joined the Royal Bank in August 1998 as Senior Vice-President Corporate Taxation. He became Executive Vice-President and General Counsel in June, 2000. Formerly, he was a partner in the law fi rm of Osler, Hoskin & Harcourt. His practice was restricted to taxation with a focus on the income tax aspects of corporate fi nance, including developing both debt and equity fi nancings, mergers and acquisitions, reorganizations and structuring joint ventures and infrastructure projects. During 1984-85, Allgood was on leave as special tax counsel to the Tax Policy and Legislation Branch of the federal Department of Finance.
Mr. Allgood is a director of the Association of Corporate Counsel, the Chair of the Dean’s Advisory Committee for Queen’s University Law School, Chair of the Holland Bloorview Kids Rehabilitation Hospital, Director of thePro Bono Law Ontario, and Senior Advisor to Legal Leaders for Diversity.
Sandra Barton
Partner
Trade-mark Agent
Toronto 416 643.6809 [email protected]
Call to the Bar
Ontario, 2000
Areas of Expertise
Intellectual Property
Arbitration and Dispute Resolution
Copyright
Patents
Trade-marks
Litigation
Administrative and Constitutional
Law
Appellate Litigation and Judicial
Review
Civil and Commercial Litigation
Class Actions
Directors and Officers Liability
Employment Litigation
Entertainment Litigation
Insurance Litigation
Libel and Slander
Professional Liability
Regulatory Litigation
Sandra Barton practises civil and commercial litigation and has appeared before the Ontario Superior Court, the Ontario Divisional Court, the Ontario Court of Appeal and the Federal Court of Canada.
Sandra has represented clients in a wide spectrum of matters, including complex commercial, regulatory, product liability class action and intellectual property disputes. In the course of such representation she has advised and represented clients in relation to shareholder and contract disputes, product liability claims, regulatory review and approvals of medical devices and pharmaceutical products, patent, trademark and copyright infringement, food and drug related matters, employment matters, commercial real estate litigation, insolvency matters, professional negligence and insurance matters.
In addition, Sandra is a sought-after instructor and lecturer in Canada and the United States in the area of trial advocacy. In that capacity, she has trained and taught trial and appellate skills to junior and senior lawyers. Sandra is currently an instructor for the Intensive Trial Advocacy Workshop, an adjunct professor at Osgoode Hall Law School, a visiting instructor at University of Notre Dame in South Bend Indiana, and regularly trains lawyers for The Advocates' Society.
Ms. Barton is also a registered trademark agent in Canada.
Education
LL.B., University of Ottawa, 1998 B.A., Concordia University, 1994
Professional Affiliations
Canadian Bar Association Ontario Bar Association The Advocates' Society
The Black Business Professionals Association The Canadian Association of Black Lawyers The Law Society of Upper Canada (Ontario)
Publications and Conferences
Speaker, "Trial from A-Z", Civil Litigation Skills Certificate CPD Series, The Advocate's Society, Toronto, April 16, 2013.
Av Maharaj
Vice President and Chief Counsel, International Kellogg Company
Av Maharaj joined the Kellogg Company in January 2004 as Chief Counsel & Corporate Secretary for Kellogg Canada. His responsibilities included overseeing all legal matters in connection with Kellogg in Canada as well as overseeing areas of corporate development. In addition to his Canadian role, in 2008, Av became Vice President & Chief Counsel, International for Kellogg Company.
In this capacity Av is responsible for Kellogg’s international legal operations, which includes selling and distributing products in over 180 countries, overseeing plants in 17 countries and overseeing in-house counsel in 15 countries across 6 continents. Av continues to lead the Canadian Legal Department and is a member of the Canadian Leadership Team, the Global Legal Leadership Team, and the Global Learning Insights Community, the top 120 leaders of the Kellogg Company.
Av is also the executive sponsor of the Kellogg Canada Diversity & Inclusion Council, a group of Kellogg volunteers who support and promote a diverse and inclusive culture at Kellogg. Av is also the Chair of Legal Leaders for Diversity, a group of 60 like-minded General Counsel across Canada who are committed to supporting diversity in the workplace.
In 2011 Av was awarded the In-House Counsel of the Year Award by the Canadian South Asian Bar Association.
Prior to joining Kellogg, Av practiced law in Toronto at Fasken Martineau DuMoulin LLP. Av holds an Honours Degree in Economics and a Law Degree from the University of Western Ontario.
Sonia Regenbogen
Partner
Toronto 416 360.3569 [email protected]
Call to the Bar
Ontario, 2002
Areas of Expertise
Labour and Employment
Grievance Arbitration
Employment Litigation
Human Rights
Workforce Training
International Labour Law
Arbitration and Dispute Resolution
Professional and Disciplinary Law
Sonia Regenbogen focuses her practice on human rights and labour and employment law, regularly appearing before arbitrators, labour relations boards, human rights tribunals and the courts. She advises employers on a wide range of labour and employment issues, including labour disputes, employment standards, employment contracts, human rights, workplace privacy, and wrongful dismissals. Sonia provides trusted advice to employers on developing and implementing proactive and strategic initiatives to establish positive employee relations in the workplace, as well as how to respond to union certification campaigns. Sonia also provides advice to corporations regarding employee immigration and mobility issues.
Sonia has been recognized each year since 2010 by Who’s Who Legal’s International Who’s Who of Management Labour & Employment Lawyersas among the world’s leading Management Labour and Employment lawyers.
Sonia is frequently retained as a neutral third party to conduct investigations into allegations of workplace harassment and other employee misconduct. In the 2012 edition of theInternational Who’s Who of Management Labour & Employment Lawyers, Sonia is recognized as having a “top reputation” in that role.
In addition, Sonia conducts in-house training for human resources professionals and in-house counsel regarding the conduct of investigations. Also, she regularly conducts in-house training for executives and managers regarding human rights and positive employee relations in the workplace.
Sonia is an adjunct faculty member at Queen’s University Faculty of Law where she has been teaching employment law since 2005.
She is a certified mediator retained to mediate workplace disputes and employment litigation matters. She has completed the Mediator Training Course of the Program on Negotiation at Harvard Law School.
Sonia also practises in the field of international labour law. She represents Canadian employers at the International Labour Organization (ILO), a specialized agency of the United Nations. Currently, She represents Canadian employers on the Conference Committee on the Application of Standards at the ILO’s International Labour Conference. This Committee supervises the application and enforcement of international labour standards at the national level.
Sonia has also served as a Canadian employer advisor at the ILO on the Committee on Migrant Workers in 2005, and as an advisor on the Occupational Safety and Health Standards Committee in 2003. Delegates on such committees are tasked with the responsibility of drafting and adopting international labour standards. In 2004, she served as an expert on labour migration at the ILO.
During her law studies, Sonia distinguished herself academically and was recognized with numerous awards, including the Osgoode Legal Society Award (Ontario Bar Admission Course), the Koskie Minsky Prize in Labour Arbitration, the Raymond E. Brown Torts Award and the Newton Rowell Scholarship.
Education
LL.B., University of Windsor, 2000 B.A., University of Windsor, 1997
Professional Affiliations
Ontario Bar Association The Advocates' Society
The Law Society of Upper Canada (Ontario)
Publications and Conferences
Panelist, “Because I Said So - The Constitutionality of Legislation that Restricts Collective Bargaining”, 22ndAnnual Police Association of Ontario (PAO) Conference on Police
Employment, March 5, 2013, Toronto.
Faculty Member, “The Investigative Process – Workplace Investigations”, The Osgoode Certificate in Labour Law, Osgoode Professional Development, Osgoode Hall Law School, York University, February 14, 2013, Toronto.
Participant, International Organization of Employers (IOE) Industrial Relations Council, Geneva, February 21 and 22, 2013.
Participant, International Labour Organization (ILO) Committee on the Application of Standards Tripartite Consultation, Geneva, February 19 and 20, 2013.
Panelist, "A New Take on Toke: The Approach to Marijuana in the Workplace", Lancaster House Labour Arbitration Conference, Toronto, December 13, 2012.
Speaker, "Conducting Effective Workplace Investigations: When Ignorance Isn’t Bliss", Lexpert, Toronto, December 10, 2012.
Teaching Faculty, "Conducting Effective Opening Statements and Examinations in Chief", The Advocates Society, Toronto, December 7, 2012.
Faculty,The Osgoode Certificate in Labour Law, Osgoode Hall Law School, York University, 2012 and 2013
Guest, “The Agenda With Steve Paiken”, TVO. Sonia Regenbogen discussed the
Government of Ontario’s Bill 115, the“Putting Students First Act, 2012”, on “The Agenda with Steve Paiken” on October 30, 2012. Sonia discussed the legal implications of the new Bill in reference to collective bargaining and theCharter of Human Rights and Freedomsin the labour negotiations between Ontario teachers and the provincial government. To view the complete video of the discussion, please clickhere.
Speaker,Conducting Internal Investigations, The Canadian Institute, October 2-3, 2012, Toronto
Author, “ The International Labour Organization and Freedom of Association: Does Freedom of Association Include the Right to Strike?” Canadian Labour & Employment Law Journal, Vol. 16, No. 2, 2012.
Panelist, "Constitutional Restrictions on the Capacity of Governments to Enact Reform", In the Wake of the Drummond Report and Ontario Budget: Prospects for Reform of Industrial Relations in the Ontario Broader Public Sector, Center for the Study of Law in the Contemporary Workplace and School of Policy Studies, Queen's University, Toronto, Ontario, June 22, 2012.
Panel Member, Employers Group, Committee on the Application of Standards, 101th Session of the International Labour Conference, International Labour Organization. Geneva, Switzerland, May 30-June 15, 2012.
Panelist, "Global Mobility: Challenges and Opportunities for Employers", Ius Laboris Global Human Resources Lawyers Congress in Miami, Florida, May 21-22, 2012. Co-Author, Discrimination in the Americas, Ius Laboris: Global Human Resources Lawyers, May 2012.
Panelist, "The Conduct of Effective Workplace Investigations", Heenan Blaikie's Managing the Workplace Seminar, Toronto, April 10, 2012.
Panelist, "Getting the Information Necessary for Accommodation and Litigation", Lancaster House Conference on April 3, 2012 in Toronto.
Panelist, "Workplace Investigations in a Unionized Environment", The Osgoode
Panelist, "Harassment and Discrimination: Managing the Cultural and Legal Expectations of Multinationals", The Global Employer in Miami, Florida, February 9-10, 2012.
Panelist, "'Translating' U.S. Policies Abroad", Complexities Facing Global Employers in an Uncertain Economy, co-sponsored by The Cornell ILR Labour and Employment Law Program and Ius Laboris (The Global Alliance of Leading Employment Law Practices), New York City, November 12, 2010.
Speaker, "The Constitutionalization of Labour Law: The Blind Side", Canadian Association of Counsel to Employers (CACE) 7th Annual Conference, Vancouver, September 23-25, 2010.
Author, "The International Labour Organization and Freedom of Association: Does Freedom of Association Include the Right to Strike", presented at Canadian Association of Counsel to Employers (CACE) 7th Annual Conference, Vancouver, September 23-25, 2010.
Panelist, "Human Rights Update", Heenan Blaikie's Managing the Workplace Conference, Toronto, October 19, 2010.
Panel Member, Committee on the application of Convention No. 111 (Anti-Discrimination convention) by the Russian Federation and the Czech Republic, 99th Session of the International Labour Conference, International Labour Organization. Geneva, Switzerland, June 2-18, 2010.
Panelist, "The Top 10 ESA Blunders That Can Lead to Individual and Class Actions", Heenan Blaikie's Managing the Workplace Conference, Toronto, September 23, 2009. Panel Member, "The Role of International Labour Standards in the Financial Crisis". 98th Session of the International Labour Conference, International Labour Organization, Geneva, Switzerland, June 3-19, 2009. This panel also included Mary Robinson, former United Nations High Commissioner for Human Rights and former President of Ireland, and Janice Bellace, Chair of the Committee of Experts, International Labour
Organization.
Panel Member, "Social Dimensions of Public Procurement," 97th Session of the International Labour Conference, International Labour Organization. Geneva, Switzerland, May 28 to June 13, 2008.
Panelist, "Relevance of International Labour Law", Association of Corporate General Counsel Annual Conference, Kelowna, British Columbia, September 2007.
Co-Author (with John D.R. Craig), "Decent Work and International Labour Law: A Diversion or a New Direction?" Presented at the Labour Law Lecture and Conference 2006: Labour Law and the Global Workplace, October 2006.
Author, "Managing an Ageing Workforce." Presented at Heenan Blaikie Client Conference, September 2006.
Co-Author (with Brian W. Burkett), "The International Social, Labour and Economic Dimensions: How to Restore Balance in the Americas?" Presented at the International Bar Association Conference, September 2006.
Co-Author (with Brian W. Burkett et al.), "Corporate Social Responsibility: An Evolving Global Business Phenomenon." Presented at the CSR Leadership Learning Circle, May 2006, and the Heenan Blaikie Client Conference, September 2006.
Co-Author (with Brian W. Burkett et al.), "Reflections on Tripartism and Labour Law Reform". Canadian Labour & Employment Law Journal, Vol. 12, No. 3, 2005.
Parry Sound and Its Successors in the Supreme Court of Canada: Implications for the Scope of Arbitral Authority, Canadian Labour & Employment Law Journal, Vol. 11, No. 2, 2004
Author, "Parry Sound and its Successors in the Supreme Court of Canada: Implications for the Scope of Arbitral Authority." Canadian Labour & Employment Law Journal, Vol. 11, No. 2, 2004.
Introduction." Presented at the International Labour Law Conference: Meeting the Challenges of Globalization, October 2003. Published in Globalization and the Future of Labour Law, John D.R. Craig and S. Michael Lynk, eds. Cambridge University Press, 2006.
John Mountain
SVP Legal, CCO & Corporate Secretary NEI Investments
Mr. Mountain has been involved in the securities industry for 25 years in a variety of roles. Since 2005 he hasbeen General Counsel, Chief Compliance Offi cer and Corporate Secretary at NEI Investments, a mutual fund manager with assets under management of about $5 billion. He started his career practicing law at a majorCanadian law firm, and followed that with seven years spent as a regulator at the Ontario Securities Commission. He then spent seven years as head of the regulatory aff airs and government relations department of The Investment Funds Institute of Canada, the trade association of the Canadian mutual fund industry.
John is also a signatory to the Legal Leaders for Diversity and Inclusion, a group of 70 General Counsel who have committed to ensuring that both their companies and suppliers to their companies are moving to greater diversity and inclusion.
Mr. Mountain obtained his law degree from the University of Windsor, and his MBA from the Ivey Business School at the University of Western Ontario.
