The Law Society of PEI is responsible for governance and regulation of the legal profession in the public interest. We’re here to provide information to current and potential lawyers, and also to act as a legal resource for the general public.
The Law Society of Prince Edward Island was created in 1876. Although its membership size has changed significantly over the years, its mandate has remained essentially the same the Legal Profession Act sets out the objects of the Society as follows:
- to uphold and protect the public interest in the administration of justice;
- to establish standards for the education, professional responsibility and competence of its members and applicants for membership;
- to ensure the independence, integrity and honour of the society and its members;
- to regulate the practice of law; and
- to uphold and protect the interests of its members.
The Law Society has established regulations, policies, procedures and committees to achieve these objectives.
Law Society of PEI Commitment to Truth and Reconciliation
TRC Call to Action Committee
In June of 2016 Law Society Council approved the establishment of a TRC Call to Action Committee. The Committee was comprised of PEI lawyers with experience working with the First Nations Community and sought to engage with the Indigenous Mi’kmaq of PEI to seek feedback as to what lawyers in this province should be learning with respect to cultural competency.
After the engagement stage, there were two specific events:
- a cultural awareness presentation to the articled clerks at the PEI Bar Admission Course in November 2016.
- a full day Continuing Legal Education event on February 3, 2017, dealing with cultural competency pursuant to the TRC’s Call to Action #27.
The first session was focused on creating an awareness and understanding of the legacy of Indian Residential Schools. In future, the Committee is hoping to put on more detailed sessions that examine the other aspects of Call to Action #27 in a more technical and practical way. The Committee would like to make ongoing cultural competency mandatory for all PEILS members.
In June of 2020 Council of the Law Society of Prince Edward Island approved a Call to Action Policy as follows:
In keeping with the spirit and intent of the 2015 Report of the Truth & Reconciliation Commission of Canada (TRC), including the 94 Calls to Action, the Law Society of Prince Edward Island acknowledges that it has an obligation to meaningfully address the Calls to Action and to promote reconciliation, which is a long-term and ongoing process of interaction between the Law Society and Indigenous People. To that end, and in accordance with its mandate, the Law Society is committed to the following:
1.1 Maintain a standing Call to Action Committee responsible for advising on the implementation of the Call to Action #27 set forth by the TRC:
1.2 Appoint a Council Member to the Call-to-Action Committee each year to act as a liaison between Council and the Call-to-Action Committee;
1.3 Engage and collaborate with Indigenous Peoples, the public and the legal profession to respond to Call to Action #27.
1.4 Assist the Call-to-Action Committee in its planning, development, and promotion of educational and skill-based training opportunities for members of the legal profession and Bar Admission Course that address the topics as outlined in the Call to Action #27 and encourage the involvement of Indigenous People in decision-making, planning and content creation thereof.
1.5 Assist members of the legal profession in identifying biases and gaps in knowledge regarding Call to Action #27;
1.6 Identify and implement methods to foster inclusion of Indigenous Peoples and Mi’kmaq and other Indigenous culture at the Law Society and its events to encourage diversity and reconciliation;
1.7 Provide Law Society Council and staff with opportunities and encouragement to participate in training deemed useful to meet the goals of this Policy;
1.8 Seek and receive feedback and recommendations from the Call-to-Action Committee, members of the legal profession, students, and staff to measure progress and to ensure accountability regarding Call to Action #27.
In October, 2023 the Law Society was pleased to participate in the ceremony that will now enable the use of the Eagle Feather in all court proceedings in PEI.
The Council continues to be guided by the policy adopted in 2020 and is working with the Call-To-Action committee to pursue initiatives that will respond in a meaningful way to Call to Action #27.
Call to Action # 27
We call upon the Federation of Law Societies of Canada to ensure that lawyers receive appropriate cultural competency training, which includes the history and legacy of residential schools, the United Nations Declaration on the Rights of Indigenous Peoples, Treaties and Aboriginal rights, Indigenous law, and Aboriginal-Crown relations. This will require skills-based training in intercultural competency, conflict resolution, human rights, and anti-racism.
Mandatory Course: Limited.
Bar Admission Course
Beginning in 2016 the Bar Admission course included a cultural awareness presentation that was expanded in subsequent years to include expanded Indigenous law content and Indigenous rights.
In the immediate term, the Committee will facilitate a training day on February 3, 2017, to engage the Law Society membership for the purpose of creating awareness and an understanding of the history and cultural legacy of the residential school system in Canada. In the long term, the Committee will work towards the goal of mandatory annual cultural competency training that engages and educates the membership in the broader objectives set out in the TRC’s Call to Action # 27. The Committee will undertake all activities with the engagement and direction of the leadership of the Indigenous People of PEI – the Mi’kmaq.
The 2023 Aboriginal Law, and Indigenous Culture & History component of the Bar Admission Program was hosted at the Abegweit First Nation Wellness Centre as opposed to being in classroom. The program included a component on aboriginal law, and the sharing by an Elder who survived the Residential School system. Further education on cultural competency is being developed by the Call-to-Action Committee and it is hoped will be ready to present to members in 2024.
Law Society of PEI Commitment to Call to Action # 27: 2.5 out of 5 = 50%
| 1 | The history of Aboriginal peoples, including the history and legacy of residential schools |
| Yes: Explored through Bar Admission course and periodic and optional workshops, training events | |
| 2 | The United Nations Declaration on the Rights of Indigenous Peoples |
| No. Not currently addressed. Identified as a long-term commitment | |
| 3 | Treaties and Aboriginal rights |
| Limited. Explored through Bar Admission course and periodic and optional workshops, training events | |
| 4 | Indigenous law |
| Yes. The 2023 Aboriginal Law and Indigenous Culture and History component of the Bar Admission Program included details on Aboriginal Law | |
| 5 | Aboriginal–Crown Relations |
| No. Not currently addressed. Identified as a long-term commitment | |
Response to Federation of Law Societies of Canada’s Statement of Commitment to Reconciliation (#s 2 – 8)
Recommendation Two
That the Federation urges all law societies to make a formal commitment to reconciliation and develop a framework or steps for putting that commitment into action. Law societies may consider adopting the Guiding Principles in the Federation’s Appendix C, if they do not yet have a framework in place, to guide their work on reconciliation. (See the Law Society of Alberta’s Appendix C, for eg.)
| The Law Society established a TRC Call to Action Committee in June 2016 who adopted a Call to Action Policy in June 2020 with the following explicit commitments: 1.1 Maintain a standing Call to Action Committee responsible for advising on the implementation of the Call to Action #27 set forth by the TRC: 1.2 Appoint a Council Member to the Call-to-Action Committee each year to act as a liaison between Council and the Call-to-Action Committee; 1.3 Engage and collaborate with Indigenous Peoples, the public and the legal profession to respond to Call to Action #27. |
Recommendation Three
That the Federation urge law societies to critically examine their regulatory processes and structures to consider how they may be more inclusive of the needs and perspectives of Indigenous peoples, as well as how they may adversely impact Indigenous peoples.
| No. Not explicitly addressed. |
Recommendation Four
That the federation urge law societies to provide ongoing opportunities for competency and awareness training for law society leadership and staff
| Beginning in 2016 the Bar Admission course included a cultural awareness presentation that was expanded in subsequent years to include expanded Indigenous law content and Indigenous rights. |
Recommendation Five
That the Federation urge law societies to continue building relationships with local Indigenous organizations, the Indigenous bar, and other appropriate groups including the legal academy, through formal and informal opportunities for collaboration.
| The TRC Call to Action Committee constituted a specific Law Society Committee, comprised of PEI lawyers with experience working with the First Nations, to engage with the Indigenous Mi’kmaq of PEI to seek feedback as to what lawyers in this province should be learning with respect to cultural competency.The Call to Action Policy approved in 2020 also explicitly states:1.3 Engage and collaborate with Indigenous Peoples, the public and the legal profession to respond to Call to Action #27. 1.5 Assist members of the legal profession in identifying biases and gaps in knowledge regarding Call to Action #27 |
Recommendation Six
That the Federation urge law societies to collaborate with Indigenous organizations, members of the bar and law students to explore opportunities for providing additional supports to Indigenous students and members of the bar.
| The Law Society, with the generous support of the Law Foundation of PEI, developed 2 scholarships directed at encouraging aboriginal students to pursue careers in law. The Scholarships will be offered annually to an Epekwitnewa’j Mi’kmaw residing in PEI and enrolled in any full time Holland College or University of Prince Edward Island program. Preference will be given to those who have demonstrated community service and/or who are promoting the values of Canadian reconciliation |
Recommendation Seven
That the Federation urge law societies to:
- Consider mandatory Indigenous cultural competency training.
- Ensure that legal professionals in their jurisdictions are provided with access to educational opportunities to enhance their knowledge and understanding of Indigenous peoples, the legacy of colonization and the existence of Indigenous legal orders.
- Ensure the availability of a continuum of educational opportunities and resources to recognize the diversity of legal practices and Indigenous peoples and legal orders within a given jurisdiction.
- Collaborate with Indigenous organizations in the development and delivery of cultural competency training or rely on training already developed by such organizations.
| The Call to Action Committee in a Mid-Winter Meeting held on February 3 , 2017 made a statement about a mandatory course: In the immediate term, the Committee will facilitate a training day on February 3, 2017, to engage the Law Society membership for the purpose of creating awareness and an understanding of the history and cultural legacy of the residential school system in Canada. In the long term, the Committee will work towards the goal of mandatory annual cultural competency training that engages and educates the membership in the broader objectives set out in the TRC’s Call to Action # 27. The Committee will undertake all activities with the engagement and direction of the leadership of the Indigenous People of PEI – the Mi’kmaq. In 2023, the Law Society stated that further education on cultural competency is being developed by the Call-to-Action Committee and it is hoped will be ready to present to members in 2024. |
Recommendation Eight
That the Federation urge law societies to review their admissions curriculum and licensing requirements and make necessary modifications to reflect the spirit and intent of the TRC Calls to Action.
| Not explicitly addressed |
Land Acknowledgement
No Land Acknowledgement on Law Society website
| NOTE: All content has been submitted to the respective Law Society for validation to ensure accuracy and currency as of the time of posting. The Law Society of Prince Edward Island did respond. Managing Editor: Douglas Sinclair: Publisher, Indigenous Watchdog Lead Researcher, Timothy Maton: Ph.D |