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Chambre des notaires’s Commitment to Truth and Reconciliation

The Chambre des notaires du Québec supports and commits to a process of reconciliation

Montreal, September 30, 2021 – On this National Day of Truth and Reconciliation, the Chambre des notaires du Québec joins thousands of others in commemorating the tragic history of residential schools, paying tribute to the missing and surviving First Nations, Inuit and Métis, their families and their communities.

In an effort to define a more just future for all, the Chambre des notaires today issued a Statement on Reconciliation, reiterating its commitment to help better protect historically disadvantaged groups, including Indigenous peoples. With this Declaration, the Chambre reaffirms the fundamental values that guide the notarial profession and support the commitments it is making to the reconciliation process, including the request to change the name of the Indian Act and ultimately its abolition, as well as the revitalization of Indigenous legal systems and traditions.

“It is our duty to work for social improvement. The active participation of the Chambre and its members in this social project will be a real testament to our determination to build an inclusive and equitable world, in keeping with our fundamental values of justice, cohesion and understanding,” emphasizes Me Hélène Potvin, President of the Chambre des notaires du Québec.

Actions to support and raise awareness of aboriginal rights and realities

To help mobilize everyone, including the community of local jurists – notaries in every corner of the province – and its governance structure, the Chambre des notaires will begin offering training capsules on Indigenous law and realities this fall. In addition to legal particularities, this training will address the cultural, socio-economic and historical context of aboriginal people, as well as the approach to be favored to best support them in their legal endeavors.

Other initiatives will also involve the training of students in the Bachelor of Law and Master of Notarial Law programs. In partnership with universities, the Chamber will ensure that future jurists are informed about the realities and challenges facing aboriginal communities.

Finally, the Chamber would like to reaffirm to Indigenous authorities that its financial assistance program, the Fonds d’études notariales, provides funding for initiatives to document and revitalize Indigenous law, or to promote the coexistence of legal systems and traditions. Pro Bono Justice and the Nunavut Community Justice Centre have already carried out support projects for aboriginal peoples in Northern Quebec thanks to this funding.

All the work announced today is aimed at raising notaries’ awareness of the issues associated with inequity and unconscious prejudice, their repercussions on the law and their practice, in order to do better to reduce them. This is not just a one-off exercise, but rather an ongoing reflection that must be taken into account in our activities from now on. These measures follow on from the recommendations made in the reports of the Truth and Reconciliation Commission (TRC) and the Commission of Inquiry into relations between Indigenous and certain public services in Quebec (Viens Commission).

Declaration by the Chambre des notaires du Québec on reconciliation with Indigenous peoples 

We are committed to playing an active role in the reconciliation process by:

• Educating and accompanying notaries on issues of Indigenous law and realities in order to remedy unconscious inequity and prejudice;
• Keeping alive and current in the collective mind the notions of social equity, respect for all and protection of Indigenous rights. 
• Respect for all and the protection of rights, particularly with regard to aboriginal populations;
• Continuing to support morally, financially or publicly initiatives that promote the recognition of individual autonomy and access to justice, as well as the documentation and revitalization of Indigenous law; 
• Working towards the eventual renaming of the Indian Act and its eventual abolition, as well as the coexistence of legal systems and traditions.

The Chambre des notaires du Québec and the entire notarial community have both a duty and a responsibility to contribute to the development of a fairer tomorrow, and this is what this Declaration is all about.

Call to Action # 28

We call upon law schools in Canada to require all law students to take a course in Aboriginal people and the law, 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 antiracism.

Barreau du Québec: Commitment to Call to Action # 28: 3 out of 5 = 60%

1	The history of Aboriginal peoples, including the history and legacy of residential schools
Yes. the CNQ is committed to this as mentioned in its Statement of Reconciliation published on September 30, 2021. However, there is no information on the follow-up to this commitment in relation to Call to Action #28.
2	The United Nations Declaration on the Rights of Indigenous Peoples
No direct mention
3	Treaties and Aboriginal rights
No direct mention
4	Indigenous law
Yes, CNQ is committed to this as mentioned in its Statement of Reconciliation published on September 30, 2021. However, there is no information on the follow-up to this commitment in relation to Call to Action #28.
5	Aboriginal–Crown Relations
Yes, CNQ is committed to this as mentioned in its Statement of Reconciliation published on September 30, 2021. However, there is no information on the follow-up to this commitment in relation to Call to Action #28.

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.)

No. Apart from its statement on reconciliation, there is no formal commitment to reconciliation in the form of a plan with a timeline, or measures to put this commitment into practice.

Recommendation Three

That the Federation urges 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 explicit mention of such reflexivity

Recommendation Four

That the federation urge law societies to provide ongoing opportunities for competency and awareness training for law society leadership and staff 

No mention of availability of content and ongoing training on cultural competence and awareness of Indigenous issues.

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.

No explicit mention

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.

Yes, as mentioned: the CNQ reaffirms to Indigenous authorities that its financial assistance program, the Fonds d’études notariales, enables the funding of initiatives for the documentation and revitalization of Indigenous law or the coexistence of legal systems and traditions. Pro Bono Justice and the Nunavut Community Justice Centre have already carried out support projects for Indigenous peoples in Northern Quebec thanks to this funding.

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.

In its Declaration on Reconciliation with Indigenous Peoples, the CNQ talks about offering (fall 2021) a video series on Indigenous realities. However, there is no information on their website about this.

Recommendation Eight

That the Federation urges 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.

Yes, as mentioned in the statement on reconciliation. However, there is no plan with a precise timetable.

Land Acknowledgment

No Land Acknowledgement found on site.

NOTE: All content has been submitted to the respective Law Society for validation to ensure accuracy and currency as of the time of posting. Chambres des notaires du Québec did not respond. Managing Editor: Douglas Sinclair, Publisher, Indigenous Watchdog Lead Researcher: Julia Dubé