Women in Law in Canada : Catalyst

Women in Law in Canada

Quick Takes

Published: November 2010

Population

Lawyers wishing to practice law in Canada must be a member of one of the 14 law societies governed by the Federation of Law Societies of Canada.^1*
- In 2007, there were 19,750 practicing women lawyers and 36,873 practicing men lawyers.^1*†
For new lawyers practicing 0-5 years, in many areas, women are the majority, or close to the majority, and their numbers and percentages increased from 1995 to 2007² ³:
- Manitoba: 54.7% of the newest lawyers are women, up from 41.4% in 1995
- Saskatchewan: 51.4%, up from 46.6%
- Ontario: 53.6%, up from 42.5%
- British Columbia: 51.1% up from 43.9%
- Barreau du Quebec: 60.6%, up from 54.9%
In 2007, women made up 60.0% of new lawyers in New Brunswick and 52.4% in Nova Scotia (data not available for 1995).⁴
Areas where women were less than 50% of new lawyers in 2007 included Alberta (49.7%), Newfoundland (47.6%), and Northwest Territories (36.2%).⁵
Not as many women have been practicing for a significant length of time: 13.0% of women in Ontario and 11.0% in British Columbia have been members of the Federation of Law Societies for 26 years or more.⁶

Flexibility in Canadian Law Firms

Catalyst conducted a nationwide survey of lawyers working in law firms across Canada and presented its findings in a series of reports. Some highlights include:

Of the women lawyers in the study, 28% reported participating in a flexible work arrangement, compared to 21% of men.⁷
69% of lawyers who had never used a flexible work arrangement expressed that they would like to use one, and 86% of those who had already used one stated they would like to use another.⁸
50% of lawyers said they felt their firms were doing "poorly" or "very poorly" in their provision of flexible work arrangements.⁹
Women associates expressed they found it the most difficult to manage the demands of work and personal/family life, at 75%.¹⁰
- 69% of women partners said the same, as well as by 66% of men associates, and 46% of men partners.¹¹
The average cost to a law firm when an associate leaves—potentially because of work-life tension—is $315,000. This includes both investment costs (i.e. upfront and annual investment in the recruitment, training and development of an associate) and separation costs.¹²

Partnership

A longitudinal survey of Ontario lawyers from 1990-2002 found that women and men often occupied different types of partnerships.

Fewer women were senior partners (51% compared to 71% of men).¹³
More women had an alternative partnership arrangement, such as part-time or salaried (40% compared to 18% of men).¹⁴

Visible Minority and Aboriginal Lawyers

A recent study of lawyers in Ontario found that racialized women accounted for 16% of all lawyers under 30, compared to 5% of lawyers 30 and older in 2006.¹⁵
Racialized men accounted for 7% of lawyers under 30, compared to 6% of lawyers 30 and older.¹⁶
Visible minority lawyers accounted for 11.5% of all lawyers.¹⁷
Aboriginal lawyers accounted for 1.0% of all lawyers.¹⁸
Among lawyers 25 to 34 years old, visible minority lawyers grew from 5.9% in 1991 to 20.1% in 2006.¹⁹
Among lawyers 25 to 34 years old, Aboriginal lawyers grew from 0.9% in 1991 to 1.9% in 2006.²⁰

Lawyer's Median Earnings, Ontario, 2005²¹

Racialized		White
Women	Men	Women	Men
$77,400	$79,700	$101,600	$126,100

* The Federation collects information from 10 provinces and 3 territories, with Quebec reporting separate numbers for notarial professions (Chambre des Notaires du Québec) and lawyers (Barreau du Québec). Further information about the practice of law in Canada here: http://www.flsc.ca/en/lawSocieties/lawSocieties.asp

† 2007 gender data for Nunavut not available.