Actions and Commitments

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

Law Society of Yukon

February 19, 2024

The Law Society of Yukon is authorized by the Legal Profession Act, 2017 to regulate the practice of law and the legal profession in the public interest in the Yukon Territory. It protects the public interest in the administration of justice by setting and enforcing standards of learning, competence, and professional conduct for lawyers.

The Law Society of Yukon provides a range of services for lawyers, such as: 

  1. Continuing Professional Development sessions at no or low cost; 
  2. referrals to practice advisors; 
  3. guidance on practice issues; 
  4. and counselling services.

The Law Society of Yukon establishes and enforces standards of practice so that the public receives high-quality legal services. It protects the public interest in the administration of justice: 

  1. taking action against people who illegally offer legal services or who present themselves as lawyers when they are not; 
  2. administering discipline and standards of admission to maintain the professional integrity of the profession; and
  3. maintaining a special compensation fund to help repay clients who have lost money because of the theft of funds or property by a lawyer.”

Law Society of Yukon Commitment to Truth and Reconciliation

Truth and Reconciliation Advisory Committee

The statement of commitment was developed by the Law Society of Yukon Truth and Reconciliation Commission (TRC) Advisory Committee in consultation with the Executive of the Law Society of Yukon

Statement of Commitment to Reconciliation, March 2023

The Law Society will demonstrate its commitment to reconciliation by:

  1. identifying opportunities to work with all Indigenous organizations in the Yukon in support of continued relationship building and collaboration;
  2. implementing and, where necessary, developing mandatory professional development programming for our members based on collaboratively developed programs and courses with the Indigenous Nations of these lands and other organizations;
  3. developing, with willing Indigenous partners, on-the-land programs for our members to foster an understanding of Indigenous legal orders and the healing of both past and ongoing trauma endured by the Indigenous Nations of these lands;
  4. advocating and supporting the collection of appropriate resource materials by the Yukon Law Library that deal with the history of Indian Residential Schools in the Yukon, the Indigenous Nations treaties and Final Agreements, self- government agreements and other relevant constructive agreements for the use of all our members, as well as for Yukon residents; and
  5. continuing to support other programming and training to ensure that our members receive ‘appropriate cultural competency training’.

Reconciliation is about healing so that we can move forward together, both stronger and united. The Law Society is therefore committed to strengthening relations with the Indigenous Nations of these lands by taking the above action. In doing so, we are working to achieve meaningful change in a shared spirit of trust, openness and respect.”

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

As stated in the “Statement of Commitment to Reconciliation”:

The Law Society affirms its commitment to the broad goals of the Truth and Reconciliation Commission, particularly Call to Action #27, to ensure that our members receive ‘appropriate cultural competency training’. This means mandatory education with respect to Indigenous law, Indigenous legal orders and Aboriginal law. The Law Society will also ensure that this training is a necessary part of being competent to practice law in the Yukon.”

The cultural competency training will include:

  1. Skills-based training in inter-cultural competency, conflict resolution, human rights and anti-racism;
  2. An overview of the history of the Indigenous Nations of these lands and the relationship with the non-Indigenous people of the Yukon;
  3. An overview of the experiences of the Indigenous peoples and Indigenous Nations of these lands with the Indian Residential School system;
  4. An overview of the traditional legal, political and social governance structures of the Indigenous Nations off these lands and their application to contemporary Yukon society;
  5. An overview of the colonial legal structures and frameworks that apply to the Indigenous Nations of these lands with and without modern comprehensive treaties or self-government agreements; and
  6. Any other training recommended by the Law Society Executive

“The Law Society acknowledges its responsibility to ensure that its members are aware of and continue to support what are both historical and contemporary Indigenous justice systems, as well as other innovations based on Indigenous law.”

Law Society of Yukon Commitment to C2A # 27: 5 out of 5 = 100%

1The history of Aboriginal peoples, including the history and legacy of residential schools
Yes. As stated in mandatory course above: “An overview of the experiences of the Indigenous peoples and Indigenous Nations of these lands with the Indian Residential School system;“An overview of the history of the Indigenous Nations of these lands and their relationship with the non-indigenous people of the Yukon”.
2The United Nations Declaration on the Rights of Indigenous Peoples
Yes. However exact UNDRIP content was not described. The society quotes CTA #27: “Ensure that all lawyers receive appropriate cultural competency training which includes…the United Nations declaration on the rights of indigenous peoples”. 
3Treaties and Aboriginal rights
Yes. As stated in mandatory course above: “This cultural competency training will include… an overview of the colonial legal structures and frameworks that apply to the Indigenous Nations of these lands with and without modern comprehensive treaties or self-government agreements”. See above.
4Indigenous law
Yes. As stated in mandatory course above: “The Law Society affirms its commitment to the broad goals of the Truth and Reconciliation Commission, particularly Call to Action #27, to ensure that our members receive ‘appropriate cultural competency training’. This means mandatory education with respect to Indigenous law, Indigenous legal orders and Aboriginal law”. See above.
5Aboriginal–Crown Relations
Yes. However, exact Aboriginal-Crown Relations content was not described. The society quotes CTA #27 in the Statement of Commitment: “Ensure that all lawyers receive appropriate cultural competency training which includes Aboriginal-Crown Relations” 

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 Yukon make a formal commitment in their “Statement of Commitment to Reconciliation”:
The Law Society affirms its commitment to the broad goals of the Truth and Reconciliation Commission, particularly Call to Action #27, to ensure that our members receive ‘appropriate cultural competency training’. This means mandatory education with respect to Indigenous law, Indigenous legal orders and Aboriginal law. The Law Society will also ensure that this training is a necessary part of being competent to practice law in the Yukon.”

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.

No. Not explicitly addressed.

Recommendation Four

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

The “Statement of Commitment to Reconciliation” provides details on the mandatory cultural competency training (see above) as well as a broader commitment to “continuing to support other programming and training to ensure that our members receive ‘appropriate cultural competency training’”.

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 “Statement of Commitment to Reconciliation” states:
(a)  identifying opportunities to work with all Indigenous organizations in the Yukon in support of continued relationship building and collaboration” 

Recommendation Six

That the Federation urge law societies to collaborate with Indigenous organizations, members of the bar and law students toexplore opportunities for providing additional supports to Indigenous students and members of the bar.

The “Statement of Commitment to Reconciliation” states:
(a)  identifying opportunities to work with all Indigenous organizations in the Yukon in support of continued relationship building and collaboration.”

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.
The “Statement of Commitment to Reconciliation” provides details on the mandatory cultural competency training (see above) as well as a broader commitment to “continuing to support other programming and training to ensure that our members receive ‘appropriate cultural competency training’”.See also the five commitments identified above under “Statement of Commitment to Reconciliation

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 in Statement of Commitment to Reconciliation

Yukon Indigenous Nations Acknowledgement

The Office of the Law Society of Yukon is Whitehorse, Yukon, on the traditional territories of the Kwanlin Dun FIRST Nations and Ta’an Kwach’an Council. The Law Society acknowledges all Indigenous nations, particularly those that have called what is now the “Yukon” home for time immemorial. The Indigenous nations of these lands include the Inuvialuit, the Gwich’in, the Han, the Northern Tutchone, the Southern Tutchone, the Kaska, the Tagish, the Tlingit, and the Upper Tanana (Indigenous Nations).

The Law Society recognized and respects the cultural diversity of all the Indigenous Nations of these lands. We also recognize and respect the historic and contemporaneous relationships that these Indigenous Nations share with each other and with all Canadians.

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 Yukon did respond.

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