Actions and Commitments

Call to Action # 27 : Justice (25-42)

Law Society of Alberta

February 19, 2024

The Law Society of Alberta regulates the legal profession in the public interest by promoting and enforcing a high standard of professional and ethical conduct by Alberta lawyers… While we do not provide legal advice on specific cases, from our unique perspective as the regulator, we actively work with members of the justice system to improve the administration of justice for all Albertans”

Law Society of Alberta Commitment to Truth and Reconciliation

Indigenous Initiatives

“Indigenous Initiatives” in the “Who We Are” section The Law Society website (2023) states: 

The Law Society of Alberta is committed to respond to the Truth and Reconciliation Commission’s Call to Action #27 in a thoughtful and collaborative way that builds and strengthens relationships with Indigenous peoples and communities. Indigenous Initiatives identifies a number of initiatives designed to advance that statement:

  • Indigenous Summer Student program
  • Indigenous Mentorship program
  • Indigenous Cultural Competency Resources
  • Indigenous Initiatives Counsel

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. The Path – Your Journey Through Indigenous Canada.

Beginning on Wednesday, April 21, 2021, Alberta lawyers can begin taking the Indigenous Cultural Competency Education called The Path (Law Society of Alberta) – Your Journey Through Indigenous Canada. This course has five modules and takes approximately five hours to complete. Alberta lawyers can do the course all at once or in stages. All active Alberta lawyers have 18 months to complete The Path (Law Society of Alberta) or certify eligibility for an exemption. All Alberta lawyers who were active when the requirement was introduced have until Thursday, Oct. 20, 2022, to complete the course or certify eligibility for an exemption.

The Law Society’s Indigenous Initiatives Counsel worked with NVision to create additional, Alberta-specific content to enhance the course for Alberta lawyers. The Law Society’s Indigenous Advisory Committee, as well as other Alberta Indigenous law experts, were consulted in the development of this content. The course includes Inuit, First Nations and Métis stories from coast to coast to coast. All course content has been vetted by First Nations, Inuit and Métis advisors and an Indigenous lawyer. The course addresses various Truth and Reconciliation Commission’s (TRC) Calls to Action,.”

List of Modules:

  1. Module 1: What’s in a Name?
  2. Module 2: Defining Moments in History
  3. Module 3: More Defining Moments in History
  4. Module 4: It’s the Law!
  5. Module 5: Relationship-building with Indigenous Peoples

Law Society of Alberta Law Commitment to Call to Action # 27: 5 out of 5 = 100%

 Call to Action # 27: Compliance with mandatory Indigenous course content
1The history of Aboriginal peoples, including the history and legacy of residential schools
Yes. Included in The Path – Your Journey Through Indigenous Canada
2The United Nations Declaration on the Rights of Indigenous Peoples
Yes. Included in The Path – Your Journey Through Indigenous Canada.
3Treaties and Aboriginal rights
Yes. Included in The Path – Your Journey Through Indigenous Canada.
4Indigenous law
Yes. Included in The Path – Your Journey Through Indigenous Canada
5Aboriginal–Crown Relations
Yes. Included in The Path – Your Journey Through Indigenous Canada

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 of Law Societies (June 2020) Report of the Truth and Reconciliation Appendix C (on, pg. 18), if they do not yet have a framework in place, to guide their work on reconciliation. (See the Federation of Law Societies’ Appendix C, for eg.)

The Law Society of Alberta has established an Indigenous Initiatives Council “with responsibility to help guide the law society’s work with Indigenous initiatives in Alberta’s legal community. They have also implemented “The Path – Your Journey Through Indigenous Canada, a 5-module course delivered over five hours that address the content of 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.

Not explicitly addressed.
The Law Society of Alberta has hired Jessica Buffalo as their Indigenous Initiatives Counsel to work closely with the Indigenous Advisory Committee, members of the Education team and others at the Law Society, as well as collaborate with key justice system stakeholders to advance work on Indigenous initiatives affecting the Alberta legal community and the public.

Recommendation Four

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

Jessica Buffalo, the Indigenous Initiatives Counsel will advance the groundwork provided through the requirement for all Alberta lawyers to complete The Path: Your Journey Through Indigenous Canada (Law Society of Alberta), provide training for the profession in areas such as cultural competence and generally advise the Law Society on issues relating to Indigenous peoples in Alberta.

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.

Not explicitly addressed.
However, Jessica Buffalo, the Indigenous Initiatives Counsel will work closely with the Law Society’s Indigenous Advisory Committee, members of the Education team and others at the Law Society, as well as collaborate with key justice system stakeholders to advance work on Indigenous initiatives affecting the Alberta legal community and the public.

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.

Jessica Buffalo, the Indigenous Initiatives Counsel will assist the Law Society in continuing to advance the process of reconciliation within the justice system and the legal profession, provide supports for Indigenous lawyers and students, and advance cultural competency development for all lawyers and within the Law Society organization.

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.
Beginning on Wednesday, April 21, 2021, Alberta lawyers can begin taking the Indigenous Cultural Competency Education called The Path (Law Society of Alberta) – Your Journey Through Indigenous Canada. This course has five modules and takes approximately five hours to complete. Alberta lawyers can do the course all at once or in stages. All active Alberta lawyers have 18 months to complete The Path (Law Society of Alberta) or certify eligibility for an exemption. All Alberta lawyers who were active when the requirement was introduced have until Thursday, Oct. 20, 2022, to complete the course or certify eligibility for an exemption. 
See Call to Action #27 Compliance with mandatory Indigenous course content response above.
According to the website above (2023) Alberta’s CPD program, “The Path,” is related to a national program also called “The Path.” Alberta related material is interwoven throughout “The Path,” and while the content has a great deal of overlap with the national program, the Alberta CPD requirement cannot be replaced by those who have completed a national “The Path” CPD course. Also, members of the public can pay for access to the program

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

Located on Indigenous Land Acknowledgement under “Who We Are” on Home Page. The site has Basic and Extended Land Acknowledgements for Treaty 6, Treaty 7 and Treaty 8. For example:

Basic Land Acknowledgement

We would like to take this opportunity to acknowledge the traditional territories of the Indigenous peoples of the Treaty 6 region and the Métis Settlements and Métis Nation of Alberta, Regions 2, 3 and 4. We respect the histories, languages, and cultures of First Nations, Metis, Inuit, and all First Peoples of Canada, whose presence continues to enrich our community.

Extended Land Acknowledgement

We acknowledge Treaty 6 territory—the traditional and ancestral territory of the Cree, Dene, Blackfoot, Saulteaux and Nakota Sioux. We acknowledge that this territory is home to the Métis Settlements and the Métis Nation of Alberta, Regions 2, 3 and 4 within the historical Northwest Métis Homeland. We acknowledge the many First Nations, Métis and Inuit who have lived in and cared for these lands for generations. We are grateful for the traditional Knowledge Keepers and Elders who are still with us today and those who have gone before us. We make this acknowledgement as an act of reconciliation and gratitude to those whose territory we reside on or are visiting.

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 Alberta did respond.

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