The Law Society of British Columbia ensures the public is well served by legal professionals who are honourable and competent.We regulate the legal profession in BC, protecting the public interest in the administration of justice by setting and enforcing standards of professional conduct for lawyers. We also bring a voice to issues affecting the justice system and the delivery of legal services.
Law Society of BC Commitment to Truth and Reconciliation
Indigenous Framework Report
The Law Society board approved an Indigenous Framework at its September 23, 2022 meeting. In keeping with one of the key goals of the Law Society’s Strategic Plan – to take meaningful action toward reconciliation with Indigenous Peoples in the justice system – the Framework supports the advancement of the principles set out in the Declaration on the Rights of Indigenous Peoples Act (DRIPA), the First Nations Justice Strategy, and the Truth and Reconciliation Commission’s Calls to Action.
The Framework sets out six principles to guide the Law Society’s application of its governing legislation, Rules, Code of Professional Conduct, policies, procedures and practices. The principles are:
Principle 1: The Law Society complies with the adage “Nothing about us without us,” and will ensure that Indigenous individuals are engaged in the development of policy proposals or decisions that may affect Indigenous interests.
Principle 2: The Law Society is mandated to protect the public interest in the administration of justice, and acknowledges that Indigenous individuals are members of the public with unique histories and specific constitutional recognition.
Principle 3: The Law Society acknowledges that Indigenous cultures, societies, traditions, governance systems and laws continue to exist.
Principle 4: The Law Society regards Indigenous individuals as equal to all other people.
Principle 5: The Law Society respects the distinctiveness amongst Indigenous Peoples, individuals and territories.
Principle 6: The Law Society understands that credibility requires follow-through on its commitments, and that its commitments are ongoing.
The principles will provide an assessment tool to ensure the Law Society is meeting its existing commitments to advance reconciliation with Indigenous Peoples.
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.
Mandatory Course: Yes
Indigenous Intercultural Course
The Indigenous intercultural course is an educational course that has been designed to help British Columbia lawyers increase their Indigenous cultural awareness and understanding. It provides information regarding the colonization of BC and Canada, the impacts of colonization and colonial laws and policies on Indigenous peoples. Topics include:
- Indigenous laws and legal traditions
- the evolution of the relationship between the Crown and Indigenous peoples
- policies and laws to eliminate the rights, governments, cultures, resources, lands, languages and institutions of Indigenous peoples, including residential schools
- social, political and economic success, resilience and reconciliation.
The course responds to the Truth and Reconciliation Commission’s calls to action, in particular #27 which calls upon Canadian law societies to ensure all lawyers have received appropriate cultural competency training. The Law Society worked to develop BC-specific content for BC lawyers. Our Truth and Reconciliation Advisory Committee, as well as Indigenous lawyers and legal experts, were consulted and involved in the development of this content.
The course takes approximately six hours to complete and can be done at your own pace. The course must be completed by all practising lawyers by January 1, 2024, or two years after a new lawyer begins practising or returns to practise. Lawyers will be able to claim up to six hours of CPD credit for the time taking the course.
Law Society of British Columbia Commitment to Call to Action # 27: 5 out of of 5 = 100%
| Call to Action # 28: Compliance with mandatory Indigenous course content | |
| 1 | The history of Aboriginal peoples, including the history and legacy of residential schools |
| Yes. Included in “Indigenous Intercultural Course” | |
| 2 | The United Nations Declaration on the Rights of Indigenous Peoples |
| Yes. Included in “Indigenous Intercultural Course” | |
| 3 | Treaties and Aboriginal rights |
| Yes. Included in “Indigenous Intercultural Course” | |
| 4 | Indigenous law |
| Yes. Included in “Indigenous Intercultural Course” | |
| 5 | Aboriginal–Crown Relations |
| Yes. Included in “Indigenous Intercultural Course” | |
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.)
| Yes. Reconciliation Matters on the Truth and Reconciliation section of the Society website states:“Acknowledging that Indigenous cultural competency is a necessary part of lawyer competence, the Law Society board approved the creation of a free, mandatory online course for practising lawyers. The course provides knowledge on the history of Indigenous-Crown relations, the history and legacy of residential schools and how legislation regarding Indigenous Peoples created the issues that reconciliation seeks to address. ”The Framework sets out six principles to guide the Law Society’s application of its governing legislation, Rules, Code of Professional Conduct, policies, procedures and practices. It also largely mirrors Appendix C, but independently takes responsibility for reconciliation upon an institutional level and creates a tangible structure by which it plans to cultivate legal practitioner’s competence with reference to Indigenous perspectives and training staff, leaders, and justice system organizations. It also ensures that this training and learning will be an ongoing process. |
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.
| Law Society of BC Benchers unanimously approved the Indigenous Engagement in Regulatory Matters report and recommendations at the July 14, 2023 meeting. The objective of the report, created by the Indigenous Engagement in Regulatory Matters Task Force, is to identify systemic barriers experienced by Indigenous complainants and witnesses, and propose solutions to establish and maintain culturally safe and trauma-informed regulatory processes. The report addresses the Law Society’s need, and desire, to reconcile its processes with Indigenous legal principles. The recommendations include taking steps to build relationships, gain trust and become more proactive in preventing harm to Indigenous persons and communities and, more generally, the public. The Law Society will now begin implementing the recommendations of the report while ensuring there is effective oversight to protect the process. “The resolution to adopt the recommendations of the IERM report is perhaps one of the most consequential and positive developments in my eight years at the Bencher table,” said Law Society President Christopher McPherson, KC. “Implementing the recommendations from the report is an important step toward meaningful reconciliation and ensuring our regulatory processes are accessible and culturally safe.” The Law Society is committed to communicating regularly about the progress of implementing the recommendations, as well as continuing to engage with Indigenous stakeholders throughout the process. |
Recommendation Four
That the federation urge law societies to provide ongoing opportunities for competency and awareness training for law society leadership and staff
| In February of 2022, the Law Society announced its mandatory Indigenous Intercultural Course on the national Federation’s site. The course: * Is free for practising lawyers. The course provides knowledge on the history of Indigenous-Crown relations, the history and legacy of residential schools and how legislation regarding Indigenous Peoples created the issues that reconciliation seeks to address. * Takes approximately six hours to complete and can be done at your own pace. * Must be completed by all practising lawyers by January 1, 2024, or two years after a new lawyer begins practising or returns to practice.” The Indigenous intercultural course is an educational course that has been designed to help British Columbia lawyers increase their Indigenous cultural awareness and understanding. It provides information regarding the colonization of BC and Canada, the impacts of colonization and colonial laws and policies on Indigenous peoples.See course description above under Mandatory Course. |
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.
| Limited. The website does not mention community collaborations with local Indigenous organizations, the Indigenous bar, appropriate groups, etc. The Indigenous Engagement in Regulatory Matters Task Forcestates: “The Task Force should include the following in developing any recommendations: An analysis of the nature and goals of proceedings that involve Indigenous people and Indigenous communities;” among others. |
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 society has an Access to Justice Advisory Committee that monitors developments on issues affecting access to legal services, and reports those developments to the Benchers on a semi-annual basis. The committee advises the Benchers annually on priority planning with respect to access to legal service. It has also approved an Indigenous Framework Report (23 September 2022) which focuses on matters related to representation, inclusion in decision-making, consultation, engagement; Principle 2 in the report states:· Commentary 2: The Law Society’s longer-term objective of improving the intercultural competency of all lawyers in BC is meant to help facilitate the transformation of Canada’s legal system into an instrument of empowerment for Indigenous Peoples, individuals, and territories.” (p.4)· “Commentary 5: The enhancement of cooperative relationships with Indigenous Peoples, individuals, and organizations is necessary to facilitate Indigenous engagement regarding the development of Law Society policy proposals or decisions that may affect Indigenous interests” (p.7). |
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 February of 2022, the Law Society announced its mandatory Indigenous Intercultural Course on the Federation of Law Societies website. The course: * Is free for practising lawyers. The course provides knowledge on the history of Indigenous-Crown relations, the history and legacy of residential schools and how legislation regarding Indigenous Peoples created the issues that reconciliation seeks to address. * Takes approximately six hours to complete and can be done at your own pace. * Must be completed by all practising lawyers by January 1, 2024, or two years after a new lawyer begins practising or returns to practice.”See course description above under Mandatory Course. |
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.
| No. Not specifically addressed. |
Land Acknowledgement
Located on Law Society of BC – Home Page as well running banner on all other web pages
The Law Society is located on the traditional territory of the Coast Salish Peoples, specifically the territories of the Sḵwx̱wú7mesh (Squamish), səlilwətaɬ (Tsleil-Waututh), and xʷməθkʷəy̓əm (Musqueam) First Nations.
| 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 British Columbia did respond. Managing Editor: Douglas Sinclair: Publisher, Indigenous Watchdog Lead Researcher, Timothy Maton: Ph.D |