Established in 1999, the Law Society of Nunavut is a self-governing Society which derives its authority from the Legal Profession Act of Nunavut. The Law Society is responsible for governing the legal profession in the public interest according to Nunavut law and the Law Society’s rules, regulations, guidelines and its Code of Conduct (adapted from the Federation of Law Societies of Canada’s Model Code of Conduct). 

It is our responsibility to ensure that the people of Nunavut are served by lawyers who meet high standards of competence, learning and professional conduct; and, to uphold the independence, integrity and honour of the legal profession. We believe that the Public is well served by a legal profession that is independent, responsible, and responsive to the needs of the public it serves.

Commitment of the Law Society of Nunavut to Truth and Reconciliation

Truth and Reconciliation Committee Report for the 2018-2019 Annual General Meeting

The TRC Committee Report issued on May 28, 2019 stated: “As reported in 2017, the Truth and Reconciliation Standing Committee (“Committee”) was formed in June 2017 to respond to the Report of the 2015 Truth and Reconciliation Commission of Canada. Specifically, the Committee was created to advise the Law Society of Nunavut (LSN) Executive on the work the LSN can undertake to respond to the report and notably, to the Call to Action 27.” (pg.1)

The committee also formulated the society’s Action Plan with the following Themes:

• Indigenous Cultural Competency (ICC) Professional Development
• Speaker Series including Elders Storytelling
• Amending the mandatory reading list
•  Lucien Ukaliannuk Transcript translation project
• Inuktitut language training)

The Terms of Reference approved in the TRC Committee Report 2017-2018 states:

Mandate and Process
2. Standing Committee is established with a mandate to make recommendations to the LSN on a response to the TRC Calls to Action (“Calls to Action”)…In particular, the Standing Committee will: 

1. Facilitate the exchange of information to the LSN members about LSN initiatives related to the Calls to Action and the initiatives of other stakeholders; 
2. Develop recommendations on a response to Calls to Action 27 and 28 as its first priority given their urgency and relevance to the regulation of the legal profession; 
3. Work with the (Ethics and Unauthorized Practise Committee or the Professional Development Committee) to determine how the LSN should require LSN members to receive cultural competency training and education on the history and legacy of residential school and colonization, the Land Claims Agreement of Nunavut, the United Nations Declaration on the Rights of Indigenous Peoples, Inuit law, Inuit languages, and Inuit-Crown relationships as recommended in Call to Action 28; 
4. Consider actions the LSN can take to support the establishment and incorporation of Inuit law and languages, including Inuit Elder participation and consultation; 
5. Evaluate and consider actions the LSN can take to support Inuit lawyers and law students, and work towards having the LSN Bar reflect the population of Nunavut; and, 
6. Review other relevant Calls to Action to make such recommendations to the LSN in relation to them as the Standing Committee considers appropriate. 

Standing Committee Structure
3. The Standing Committee should reflect a diversity of experiences and knowledge relevant to the issues under consideration, including knowledge of the history, cultures and rights of Inuit, Inuit law, Inuit languages, the Canadian justice system, legal education, and regulation of legal profession. 

Next Steps:

Resume efforts to develop and implement an Inuit-focused continuing legal education module, or a module as part of the requirement to enter into the professions for lawyers who are transferring from another jurisdiction.

Additionally, the articling and bar admissions program for students-at-law is a separate undertaking that we have been making some progress on. 

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.

Cultural Competency: 1 hour

All practicing members of the Law Society of Nunavut must complete 12 hours of eligible Continuing Legal Education (CLE) in each calendar year. The 12 hours of eligible CLE must include:

• one hour devoted to professional responsibility and ethics; and
• one hour devoted to cultural competency.

Cultural Competency

Cultural competency content is one that:

• engages lawyers with the broader questions of culture and differences in order to increase awareness and understanding of diversity and inclusion; and
• provides lawyers with a set of skills, behaviours, attitudes, and knowledge that enable them to provide services that are appropriate for a diverse range of clients. 

Law Society of Nunavut Commitment to Call to Action # 27: 2.5 out of 5 = 50%

1	The history of Aboriginal peoples, including the history and legacy of residential schools
In Progress. Mandate and Process 2.c specifies an Inuit specific response encompassing the required contents in Call to Action # 27. The LSN has taken steps to begin the work of developing its own ICC training with the assistance from Pirurvik Center based in Iqaluit.
2	The United Nations Declaration on the Rights of Indigenous Peoples
In Progress. Mandate and Process 2.c specifies an Inuit specific response encompassing the required contents in Call to Action # 27. The LSN has taken steps to begin the work of developing its own ICC training with the assistance from Pirurvik Center based in Iqaluit.
3	Treaties and Aboriginal rights
In Progress. Mandate and Process 2.c specifies an Inuit specific response encompassing the required contents in Call to Action # 27. The LSN has taken steps to begin the work of developing its own ICC training with the assistance from Pirurvik Center based in Iqaluit.
4	Indigenous law
In Progress. Mandate and Process 2.c specifies an Inuit specific response encompassing the required contents in Call to Action # 27. The LSN has taken steps to begin the work of developing its own ICC training with the assistance from Pirurvik Center based in Iqaluit.
5	Aboriginal–Crown Relations
In Progress. Mandate and Process 2.c specifies an Inuit specific response encompassing the required contents in Call to Action # 27. The LSN has taken steps to begin the work of developing its own ICC training with the assistance from Pirurvik Center based in Iqaluit.

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.)

Yes. As stated in TRC Committee Reports The Truth and Reconciliation Committee Reports for the 2017-2018 and 2018-2019 Annual General Meetings (see links above) describe in detail the mandate and process to implement Calls to Action 27 with a focus on “history, culture and rights of Inuit.

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.

Yes. As stated in TRC Committee Reports The Truth and Reconciliation Committee Reports for the 2017-2018 and 2018-2019 Annual General Meetings (see links above) describe in detail the mandate and process to implement Calls to Action 27 with a focus on “history culture and rights of Inuit… and support Inuit lawyers and law students, and work towards having the LSN Bar reflect the population of Nunavut

Recommendation Four

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

Yes. In process.The Law Society of Nunavut currently has a 1-hour cultural competency training requirement. They have defined the over-all content structure and Inuit specific details for a broader more inclusive course which is still under development

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.

Yes. As stated in the TRC Committee Report 2017-18 One of the Terms of Reference stipulates that:Outside Participation 5. To fulfill its mandate, the Standing Committee may seek the assistance of and engage with outside parties including representatives of Inuit organizations and communities, Inuit Elders, LSN members, other LSN Standing Committees (such as the Ethics and Unauthorized Practice Committee) and other justice-system stakeholder as it considers appropriate.

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 stated in the TRC Committee Report 2017-18 Mandate and Process 2. The Standing Committee is established with a mandate to make recommendations to the LSN on a response to the TRC Calls to Action (“Calls to Action”). In developing recommendations for consideration by the LSN, the Standing Committee will take into account the role of the LSN in responding to the Calls to Action and the value in complementing any activities the LSN may undertake. In particular, the Standing Committee will:  1. Facilitate the exchange of information to the LSN members about LSN initiatives related to the Calls to Action and the initiatives of other stakeholders;  2. Develop recommendations on a response to Calls to Action 27 and 28 as its first priority given their urgency and relevance to the regulation of the legal profession;  3. Work with the (Ethics and Unauthorized Practise Committee or the Professional Development Committee) to determine how the LSN should require LSN members to receive cultural competency training and education on the history and legacy of residential school and colonization, the Land Claims Agreement of Nunavut, the United Nations Declaration on the Rights of Indigenous Peoples, Inuit law, Inuit languages, and Inuit-Crown relationships as recommended in Call to Action 28; 4. Consider actions the LSN can take to support the establishment and incorporation of Inuit law and languages, including Inuit Elder participation and consultation;  5. Evaluate and consider actions the LSN can take to support Inuit lawyers and law students, and work towards having the LSN Bar reflect the population of Nunavut; and,

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.

Yes. Under development as stated in the TRC Committee Report 2017-18 Mandate and Process 2. Standing Committee is established with a mandate to make recommendations to the LSN on a response to the TRC Calls to Action (“Calls to Action”)…In particular, the Standing Committee will: a) Facilitate the exchange of information to the LSN members about LSN initiatives related to the Calls to Action and the initiatives of other stakeholders;  b) Develop recommendations on a response to Calls to Action 27 and 28 as its first priority given their urgency and relevance to the regulation of the legal profession;  c) Work with the (Ethics and Unauthorized Practise Committee or the Professional Development Committee) to determine how the LSN should require LSN members to receive cultural competency training and education on the history and legacy of residential school and colonization, the Land Claims Agreement of Nunavut, the United Nations Declaration on the Rights of Indigenous Peoples, Inuit law, Inuit languages, and Inuit-Crown relationships as recommended in Call to Action 28;  d) Consider actions the LSN can take to support the establishment and incorporation of Inuit law and languages, including Inuit Elder participation and consultation;  e) Evaluate and consider actions the LSN can take to support Inuit lawyers and law students, and work towards having the LSN Bar reflect the population of Nunavut; and,  f) Review other relevant Calls to Action to make such recommendations to the LSN in relation to them as the Standing Committee considers appropriate.

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

Not necessary. Nunavut is one of four Inuit territories in Canada.

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