The Law Society of Manitoba states: “Our mission is to protect the public interest by ensuring that Manitoba lawyers practice ethically and competently”. They are the province’s “regulator of the legal profession”, and; they seek to increase Manitoban’s access to legal services, and, to equity and diversity within law practices, and; to “proactively protect the public interest by ensuring” Manitoba’s lawyers are competent and ethical. Their Strategic Plan, 2022—2025, identifies four main priorities: “Competence, Equity, Diversity and Inclusion”, “Access to Justice”, and “Stakeholder Confidence.”

Law Society of Manitoba Commitment to Truth and Reconciliation

Commitment to Truth and Reconciliation

The Law Society of Manitoba recognizes the significance of the work of the Truth and Reconciliation Commission and the 94 Calls to Action directed at all segments of Canadian society.  In particular, the Law Society endorses Call to Action #27 that calls upon law societies 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. 

We are committed to responding to the Calls to Action and embrace the opportunity to work toward reconciliation between Indigenous people, the legal profession and within the justice system. The Law Society has engaged in the following initiatives as steps towards reconciliation.

• Mandatory Indigenous Intercultural Awareness and Competency Training for all practising Manitoba lawyers
• Creating an Indigenous Advisory Committee
• Increasing cultural competence

The Law Society of Manitoba (LSM)’s Strategic Plan (2017-2020) is comprised of four strategic objectives, the third being to “Promote and improve equity, diversity and inclusion in the regulation of the legal profession and in the delivery of legal services.” 

Strategy 3.3 in support of this objective states “We will address the Calls to Action of the Truth and Reconciliation Committee (TRC).” There are two activities included in support of this strategy: 

• Activity 3.3.1 is to “Increase cultural competency in the delivery of legal services” and 
• Activity 3.3.2 is to “Increase cultural competency among the Benchers and staff”. 

Step #3 identified in support of Activity 3.3.1 is to:

• Develop a roadmap or targeted plan to assist members of the profession to become culturally competent in the delivery of legal services (plan to include short and long-term goals). 

Similarly, Step #2 in support of Activity 3.3.2 is to:

• Consider a framework to provide annual training to benchers and staff to assist them in becoming more culturally competent in their regulatory work. 

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 Awareness Competency

Since lawyers across Manitoba have varying levels of knowledge about Indigenous history, culture and perspectives, the Law Society’s benchers decided it was imperative that all legal practitioners acquire a baseline educational foundation in these issues. The benchers decided to introduce one-time mandatory Indigenous intercultural awareness and competency training for all practising lawyers in Manitoba. The mandatory training will consist of an updated version of The Path, as well as new Manitoba content. The Law Society’s Indigenous Advisory Committee has been working with an Indigenous owned consulting firm, NVision, on the development of the Manitoba content over the last many months.

The online course will be introduced on October 1st and all practising members will have 18 months to complete it. The course consists of six modules and will take approximately six hours to complete, but it will not need to be completed in a single sitting. The course will be available to practising members at no cost and the hours can be applied toward your mandatory continuing professional development (MCPD) requirement, including the EPPM requirement.

Details will be released closer to the laugh date of October 1, 2023

Law Society of Manitoba: Commitment: 5 out 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. Assumed under course content for the similar “The Path” modules in other provinces
2	The United Nations Declaration on the Rights of Indigenous Peoples
Yes. Assumed under course content for the similar “The Path” modules in other provinces
3	Treaties and Aboriginal rights
Yes. Assumed under course content for the similar “The Path” modules in other provinces
4	Indigenous law
Yes. Assumed under course content for the similar “The Path” modules in other provinces
5	Aboriginal–Crown Relations
Yes. Assumed under course content for the similar “The Path” modules in other provinces

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 of Manitoba has made a formal commitment to reconciliation on their website. The third objective of their Strategic Plan “to promote and improve equity, diversity and inclusion” included steps to “consider a framework to provide annual training to benchers and staff to assist them in becoming more culturally competent in their regulatory work”.   The Federation of Law Societies in their Spotlight on Truth and Reconciliation for Manitoba stated: “Benchers of the Law Society of Manitoba have endorsed a Road Map (Road Map for Increasing Cultural Competency in the Delivery of Legal Services) to increase cultural competency in the delivery of legal services in the province. The Benchers previously received a TRC Call to Action #27 update, March 2019 on steps taken to date in Manitoba to respond to the Calls to Action.

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.

“The Law Society of Manitoba’s Indigenous Advisory Committee was created to help guide the Law Society in its ongoing response to the TRC’s Calls to Action. The Honourable Murray Sinclair, appointed as the inaugural Chair of the Committee and its appointed members begin its work in 2021. The Committee will: …Aid the Law Society in addressing the unique needs and perspectives of Indigenous peoples within the Law Society’s regulatory processes”

Recommendation Four

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

Yes. As of October 2023, an Increasing Intercultural Competence will be mandatory. The TRC section on the Law Society website under Indigenous Advisor Committee “We strive to provide a variety of meaningful continuing professional development programs that educate lawyers in the area of cultural competency, including the history and legacy of residential schools, Indigenous law and traditions, inter-cultural awareness and understanding, diversity and anti-racism training.  The Continuing Professional Development department works to integrate skills and knowledge in cultural competency into CPD content wherever possible”. See also Road Map for Increasing Cultural Competency in the Delivery of Legal Services The Law Society has also offered a number of educational opportunities for staff and benchers, including the Kairos blanket exercise, programs on Indigenous law, anti-racism training, diversity and inclusion training, and trauma informed training from an Indigenous perspective among others.

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 Road Map for Increasing Cultural Competency in the Delivery of Legal Services states:  5. Collaboration and Engagement  The LSM recognizes the importance of developing relationships with Indigenous communities and working collaboratively with them to address the TRC’s Calls to Action. The LSM also believes in the value of engaging with other justice stakeholders to share knowledge and coordinate activities undertaken in response to the Calls to Action. Some steps taken include: * Partnered with Indigenous elders, the Manitoba Bar Association’s Aboriginal Law section, the University of Manitoba’s Faculty of Law and the Manitoba Indigenous Law Students’ Association on a number of projects and initiatives (many of which are referenced elsewhere in this document) relating to the TRC’s Call to Action #27.  * Published articles in the Communique on the topics of why Indigenous law matters and the reasons for making traditional land acknowledgements in order to raise awareness and understanding of these issues among the profession.  * Initiated discussions with the Chief Justice of the Manitoba Court of Queen’s Bench to proactively consider the issue of requests for modifications to the Call to the Bar ceremony to accommodate Indigenous traditions and explore opportunities to incorporate Indigenous traditions into the ceremony in keeping with the TRC’s Calls to Action.

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 of Manitoba’s Indigenous Advisory Committee was created to help guide the Law Society in its ongoing response to the TRC’s Calls to Action. The Committee will: * Aid the Law Society in addressing the unique needs and perspectives of Indigenous peoples within the Law Society’s regulatory processes. * Provide advice and guidance to the Law Society generally on how it should prioritize its work in this area. This will include acting as a resource and providing feedback on program initiatives and engagement related to supporting Indigenous lawyers and students. * Provide advice and support to the Law Society in effectively engaging and building further relationships with Indigenous peoples. * At the request of the benchers or the Law Society Executive, provide advice or recommendations on other issues affecting Indigenous peoples within the legal system.  * The Law Society’s Equity Officer can assist articling students and members of the profession or the public who have experiences with racism, including systemic racism or discrimination, involving lawyers or the justice system.

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.

New Indigenous Intercultural Awareness Competency training launches October 1, 2023The course will use the national version of “The Path: Your Journey through Indigenous Canada” with a one-hour segment on Manitoba”. See also “Mandatory Course” and “Recommendation Four” above.

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 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. The Law Society of Manitoba did respond. Managing Editor: Douglas Sinclair: Publisher, Indigenous Watchdog Lead Researcher, Timothy Maton: Ph.D