Law Society of Newfoundland and Labrador

“The Law Society of Newfoundland and Labrador (“the Law Society”) is authorized to regulate the practice of law and the legal profession in the public interest by the Law Society Act, 1999, SNL 1999, c. L-9.1 and is the sole regulatory body for all lawyers in the province of Newfoundland and Labrador. The Law Society is fully funded by lawyers who are required to pay various fees in order to practice. The Law Society serves the public interest by promoting a high standard of legal services and professional conduct and by ensuring that its method of regulation is dynamic and responsive to the challenges of a changing profession. The Law Society may act as an advocate on issues that affect the public interest in the practice of law.

Law Society of Newfoundland and Labrador Commitment to Truth and Reconciliation

Indigenous Education and Action Committee

The LSNL struck the Indigenous Education and Action Committee (the “Committee”) in late 2017. The mandate of the Committee is to work within the legal profession to advise, educate and act on reconciliation with Indigenous peoples in Newfoundland and Labrador, which includes addressing the Calls to Action arising from the Truth and Reconciliation Commission.

Terms of Reference

The Committee is responsible for:

Working with Indigenous communities to access and promote Indigenous legal traditions and knowledge
Educating within the legal community, including continuing legal education and the bar admission course, as well as within the broader community
Collecting and promoting resources and tools to help ensure the Indigenous cultural competency of members of the bar in Newfoundland and Labrador
Acting as a resource for consultation on issues remediating the gap in Indigenous law
Identifying challenges faced by Indigenous peoples in accessing justice and providing recommendations to relevant stakeholders on remediating the gap in access to legal services
Engaging Indigenous members of the bar on the work of this committee

This survey has had an impressive response rate with a significant portion of the LSNL membership participating. The Committee is currently analyzing the data collected, which will be used to inform its future efforts.

One of the central pillars of the Law Society’s Strategic Plan for 2021-2024 is to Promote Reconciliation with Indigenous Peoples. The following priorities were identified:

Consider how to address Call to Action #27 from the Truth and Reconciliation Commission’s Report – to ensure lawyers receive appropriate cultural competency training;
Consider how to address Call to Justice #10.1 from the National Inquiry into Missing and Murdered Indigenous Women and Girls Final Report – mandatory and periodic training in the area of Indigenous cultures and histories, including distinctions-based training;
Partnership with Indigenous Groups in the Province to develop relationships and determine the best way to address truth and reconciliation;
Consider ways to increase the number of indigenous lawyers (through the development of a scholarship and otherwise); and
Continue to support the work of the Indigenous Education and Action Committee as it works towards truth and reconciliation.

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: Yes but content is limited to what is available through the Bar Admission course.

The bar admission course has been adjusted since 2015 to reflect the TRC Calls to Action and does contain significant content related to indigenous history, culture and challenges within the legal system, developed and delivered by indigenous people, including:

A video entitled “Close that Door” wherein a residential school survivor recounted his experiences growing up within the residential school system;
Greetings and historical background from leaders representing most Indigenous groups in Newfoundland and Labrador, including Chief Mi’sel Joe (Miawpukek First Nation), Chief Brendan Mitchell (Qalipu First Nation Band), Mark Gillette (Director of Legal Services with the Nunatsiavut Government), and President Todd Russell (Nunatukavut Community Council);
A lecture recorded by Jerry Wetzel, a member of the Miawpukek First Nation as well as a member of the Indigenous Education and Action Committee, based upon his thesis entitled Decolonizing Ktaqmkuk Mi’Kmaw History
Cultural sensitivity training provided by the St. John’s Native Friendship Centre;
A blanket ceremony facilitated by Barbara Barker, a member of the Qalipu Mi’kmaq First Nation as well as past chair of the Indigenous Education and Action Committee and Susan Onalik, an Inuk from Nunatsiavut;
An interactive seminar involving the case briefing of Indigenous stories that was jointly facilitated by Indigenous presenters and students; and
A reflective assignment to be completed by students following the aforementioned interactive seminars.

The Law Society has also made the CBA’s program “The Path” available to all staff as well as members of the Indigenous Education and Action Committee. Participation in The Path is encouraged but is not currently mandatory.

Law Society of Newfoundland and Labrador Commitment to Call to Action # 27: 3 out of 5 = 60%

1	The history of Aboriginal peoples, including the history and legacy of residential schools
Limited. Addressed through Bar Admission course
2	The United Nations Declaration on the Rights of Indigenous Peoples
No. Not explicitly addressed
3	Treaties and Aboriginal rights
Limited. Addressed through Bar Admission course
4	Indigenous law
Limited. Addressed through Bar Admission course
5	Aboriginal–Crown Relations
No. Not explicitly addressed

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.)

One of the central pillars of the Law Society’s Strategic Plan for 2021-2024 is to Promote Reconciliation with Indigenous Peoples. The following priorities were identified:
* Consider how to address Call to Action #27 from the Truth and Reconciliation Commission’s Report – to ensure lawyers receive appropriate cultural competency training;
* Consider how to address Call to Justice #10.1 from the National Inquiry into Missing and Murdered Indigenous Women and Girls Final Report – mandatory and periodic training in the area of Indigenous cultures and histories, including distinctions-based training;
* Partnership with Indigenous Groups in the Province to develop relationships and determine the best way to address truth and reconciliation;
* Consider ways to increase the number of indigenous lawyers (through the development of a scholarship and otherwise); and
* Continue to support the work of the Indigenous Education and Action Committee as it works towards truth and reconciliation.

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.

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

The Terms of Reference for the Indigenous Education and Action Committee indicates responsibility for: “Collecting and promoting resources and tools to help ensure the Indigenous cultural competency of members of the bar in Newfoundland and Labrador”:
In its most recent Strategic Plan, the Law Society committed to ensuring that Benchers, staff, and committee members have appropriate bias training and Benchers approved a bias training proposal presented by the Equity and Diversity Committee, which incorporates the perspectives of various equity seeking groups. Right now, the bias training is mandatory for leadership. Participation in The Path is encouraged but is not currently mandatory.
The Law Society has also offered, and is continuing to offer, continuing professional development seminars relating to cultural competency, with particular emphasis on Gladue Reports.See 2023 CLE Seminar Recordings for descriptions of other courses available to all lawyers including the elected benchers.

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 Terms of Reference for the Indigenous Education and Action Committee indicates responsibility for:·
Working with Indigenous communities to access and promote Indigenous legal traditions and knowledge·
* Educating within the legal community, including continuing legal education and the bar admission course, as well as within the broader community·
* Identifying challenges faced by Indigenous peoples in accessing justice and providing recommendations to relevant stakeholders on remediating the gap in access to legal services·       * Engaging Indigenous members of the bar on the work of this committee
To date, the Law Society, with the support of its Indigenous Education and Action Committee, has communicated with all Indigenous groups in the province, many of whom have prepared pre-recorded presentations that have been delivered to Benchers and at the bar admission course.
Members of the Committee and/or members of the Executive Committee and Law Society staff have met with leaders, members, and staff of the Miawpukek First Nation, Qalipu First Nation Band, Nunatsiavut Government, and Nunatukavut Community Council. We have also requested a meeting with the two Innu groups in Labrador.
The purpose of these meetings was to explain the role of the Law Society and to communicate our commitment to meet the Calls to Action specified in the Truth and Reconciliation Commission Report in collaboration with the Indigenous organizations in the province. Each group that we met with was responsive to our message and graciously contributed content for the Bar Admission Course. We will continue to try to foster these connections.

Recommendation Six

That the Federation urge law societies to collaborate with Indigenous organizations, members of the bar and law students toexplore opportunities for providing additional supports to Indigenous students and members of the bar.

The Terms of Reference for the Indigenous Education and Action Committee indicates responsibility for:
* Engaging Indigenous members of the bar on the work of this committee
In 2022, the Law Society established a scholarship to support Indigenous students in their pursuit of a legal education in an effort to increase the representation of Indigenous students in the Newfoundland and Labrador legal community. The Indigenous Law Student Scholarship, established in 2022, supports Indigenous law students who are pursuing a Juris Doctor degree, a Master of Laws degree, or a Ph.D. in law. It also promotes legal research and scholarly work related to Indigenous legal orders, language, history, traditions, and culture. Benchers approved up to three scholarships of $5,000 annually for indigenous law students. Details regarding this can be found here.

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 Indigenous Education and Action Committee conducted an extensive survey in 2019 of the LSNL membership that sought to:
* assist it in understanding the level of knowledge within the membership about Indigenous populations in Newfoundland and Labrador;
* identify the amount of Aboriginal law practiced by LSNL members;
* identify areas where professional education and cultural awareness is needed as it relates to the provision of legal services to Indigenous people/organizations; and,
* identify members of the LSNL that have an interest in assisting the Committee in advancing its mandate.
The results of this survey were used to tailor future programs and learning opportunities.
The Law Society does not currently require legal professionals to undertake continuing legal education in direct response to Call to Action 27; however, the Law Society does encourage its members to take such education and provides the programming for free. Further, the Bar Admission Course, which is mandatory for entry into the legal profession in Newfoundland and Labrador, now contains significant content related to indigenous history, culture and challenges within the legal system, developed and delivered by indigenous people.
The Law Society has also offered, and is continuing to offer, continuing professional development seminars relating to cultural competency, with particular emphasis on Gladue Reports.See 2023 CLE Seminar Recordings for descriptions of other courses available to all lawyers including the elected benchers.

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 site although benchers do commence every meeting with a land acknowledgement.

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 Newfoundland and Labrador did respond.

Managing Editor: Douglas Sinclair: Publisher, Indigenous Watchdog
Lead Researcher, Timothy Maton: Ph.D