As the regulator of Nova Scotia’s legal profession, the Nova Scotia Barristers’ Society (NSBS) exists to uphold and protect the public interest in the practice of law. We fulfill our public interest mandate by ensuring that lawyers deliver competent and ethical legal services in accordance with the standards set for legal professionals.”
The society plays a variety of roles, including:
- accreditation of lawyers
- establishment of ethical standards
- ensuring professional responsibility of lawyers
- setting practice standards and competencies
- administers work with Courts, government departments, justice system to facilitate dialogue and cooperation and
- improve all aspects of the justice system.
Nova Scotia Barrister’s Society Commitment to Truth and Reconciliation
Truth and Reconciliation Working Group (as of August 2023)
The Society’s Truth and Reconciliation Working Group (TRCWG) advises, monitors and supports Council in their work and governance on Truth & Reconciliation.
Its responsibilities include:
- Developing 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;
- Facilitating the exchange of information to the NSBS members about NSBS initiatives related to the Calls to Action and the initiatives of other relevant stakeholders;
- Developing annual work plans and priorities for review and support of Council;
- Working with other relevant NSBS Committees and the County Bar Associations to develop a strategy as to how the NSBS members should receive cultural competency training and education, 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, as recommended in Call to Action 27;
- Considering actions the NSBS can take to support the establishment and incorporation of Indigenous law and languages in the Nova Scotia legal profession, including Mi’kmaw Elder participation and consultation;
- Evaluating and considering actions the NSBS can take to support Indigenous lawyers and law students, and work towards having the NSBS membership reflect the Indigenous population of Nova Scotia;
- Working with Indigenous communities to access and promote Indigenous laws, legal traditions and knowledge to be shared with the NSBS membership;
- Identifying challenges faced by Indigenous peoples in accessing justice and appropriate legal counsel, by providing recommendations to relevant stakeholders on remediating the gap in access to legal services;
- Engaging Indigenous members of the NSBS and Indigenous law students in the work of the TRC Working Group; and
- Working in partnership to build relationships with the Schulich School of Law, as the law school works on their activities in relation to Call to Action 28.
Ongoing priorities and initiatives flowing from recommendations of the TRC Working Group include:
Research
Goal and outcome of initiative:
- To finalize the TRC Action Plan for Council developed from the information gathered throughout the 2019 environmental scan activities.
- To explore and research identified initiatives and priorities identified in the 2020 TRC Lawyers survey results and First Nations community engagements, and other relevant stakeholders.
- To explore how to create an L.nu Bar, which would include the regulatory aspects and licensing processes.
- To explore the development of mandatory cultural competence training by looking at how other jurisdictions that have implemented mandatory culturally competency training for their members. The focus of the research would be to look at best practices, lessons learnt and possible pit fall, and how to motivate lawyers to participate in the training.
Council Education Series
Goal and outcome of initiative:
- To have up to two speakers a year present to Council
- To increase Councils knowledge and understanding by coordinating an educational series for Council. Presentations will build upon previous sessions and the identified needs and priorities for Council. Each session will be followed by a debriefing session
- To Coordinate a speakers list of Indigenous and non-Indigenous presenters that will identify their areas of knowledge and resource materials, which may be shared with the public, the Legal Information Society of Nova Scotia, the courts of Nova Scotia and the NSBS Library.
Education and Credentials
Goal and outcome of initiative:
- Ensure members of the NS Bar are competent when they are representing an Indigenous client, organization or community, by researching and developing guidelines and best practice standards.
- To work with relevant NSBS Committees that work with standards regarding Family Law, Criminal Law, Wills and Estates, Real Estate, Ethics, Education and Credentials, etc. to begin identifying areas of basic competency development and begin working through what level of cultural and legal competence is needed.
- To work toward the development of an Indigenous Mentoring Program for Mi’kmaq and Indigenous articling clerks and new lawyers.
- To identify resources and communications pieces that can be developed to increase our members’ competency levels and to identify the best way to bring this information to lawyers (mandated, voluntary, mix bag).
- To engage in a review of the Indigenous content of the Bar course (CPLED) and effective methods of testing Indigenous content (localized vs CPLED) and incorporating Indigenous content into the Bar course.
Building Relationships
Goal and outcome of initiative:
- To engage in partnerships with, and to support, the Schulich School of Law and law Firms in Nova Scotia in various initiatives and activities (such as research and resource development) that involve the implementation of the TRC Calls to Action.
- To engage the First Nations and Indigenous communities in Nova Scotia in the development of this work through partnerships, hosting gatherings and shared initiatives.
Revive the Eastern Door Indigenous Bar Association
Goal and outcome of initiative:
To engage the Indigenous Bar of NS in developing a strategic plan for reviving the Eastern Door Indigenous Bar Association. To host a series of discussions to determine the level of interest and a strategic direction for reviving the Eastern Door.
2021 Strategic Report
Cultural Competence Education Focus Groups
We’re seeking to enhance the cultural competence of Nova Scotia’s legal profession by providing mandatory education to all practicing lawyers. This education is a key step to fulfilling our obligations under TRC Call to Action #27, and it aligns with our strategic objective to “facilitate education and provide resources and support to members to be culturally competent in the delivery of legal services.”
For this project to be a success, we knew that the planning must reflect the experience and expertise of those in the community and in the profession so, from February-March 2021, we held a series of formal focus groups to collect formal, focused input to inform the rollout of this initiative. We met with member-based legal organizations, managing partners of large and medium-sized law firms, solo and rural practitioners, young lawyers, and community organizations.
Members and community organizations provided us with meaningful suggestions and feedback on what this education should focus on and how we can best roll out this education to ensure it is accessible to all members and to non-lawyer staff within firms.
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: Indigenous Intercultural Awareness and Competency Training
The PATH was officially rolled out to members on September 7th, 2023. Beginning in October 2023, practicing lawyers in Nova Scotia can begin taking the course.
The Path was approved by Council at the November meeting as mandatory training for all practicing lawyers in Nova Scotia. All practicing members must complete this training by June 2025.
This is part of the Nova Scotia Barristers’ Society’s commitment to improving the cultural competence of the legal profession and responding to the Truth and Reconciliation Commission’s Calls to Action. The course consists of six modules and is expected to take a total of six hours to complete. The modules are:
- Module 1 – Name Calling
- Module 2 – Land and Stories
- Module 4 – Contemporary Realities
- Module 5 – Relationship Building
- Module 6 – Towards Truth and Reconciliation
The Path is an educational course developed by Indigenous consulting firm NVision Insight Group, Inc., based in Ottawa, Ontario. The course was designed to help Canadians increase their Indigenous cultural understanding in a Canadian context. This training counts towards mandatory continuing professional development.
Cultural competence training – update
We continue to offer twice annually a mandatory cultural competence workshop for all articled clerks and lawyers being admitted to NS from international jurisdictions. The full day workshop includes, in addition to training in broader concepts (eg bias, fragility, allyship), a core module on the indigenous Nova Scotian experience and the Calls to Action.
Education Sessions offered:
| Date | Education Session |
|---|---|
| October 24, 2019 | Treaty Education & Cultural Responsiveness |
| February 28, 2020 | Indigenous History and the Impact of Residential Schools |
| January 15, 2021 | A Roundtable Discussion of Gladue Rights |
| May 26, 2021 | Trauma-Informed Lawyering with Myrna McCallum |
Nova Scotia Barrister Society Commitment to Call to Action # 27: 5 out of 5 = 100%
| 1 | The history of Aboriginal peoples, including the history and legacy of residential schools |
| Yes. Covered by “The Path. Indigenous Intercultural Awareness and Competency” training. | |
| 2 | The United Nations Declaration on the Rights of Indigenous Peoples |
| Yes. Covered by “The Path. Indigenous Intercultural Awareness and Competency” training. | |
| 3 | Treaties and Aboriginal rights |
| Yes. Covered by “The Path. Indigenous Intercultural Awareness and Competency” training. | |
| 4 | Indigenous law |
| Yes. Covered by “The Path. Indigenous Intercultural Awareness and Competency” training. | |
| 5 | Aboriginal–Crown Relations |
| Yes. Covered by “The Path. Indigenous Intercultural Awareness and Competency” training. | |
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 TRC Working Group “draft” Committee Work Plan and Progress Report 2019-2020 describestheir mandate and responsibilities. It contains a formal commitment to reconciliation and has a framework with steps for putting that into action but the work. |
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.
| An August 23, 2023 update states, “Exploring how to create an L.nu Bar, which would include the regulatory aspects and licensing processes. |
Recommendation Four
That the federation urge law societies to provide ongoing opportunities for competency and awareness training for law society leadership and staff.
| “The Path: Indigenous Intercultural Awareness and Competency” training will be mandatory for all practicing lawyers as of Oct , 2023. See “Mandatory Course” above. In addition the TRC Working Committee in an Aug. 23, 2023 update states: * Exploring the development of mandatory cultural competence training by looking at how other jurisdictions that have implemented mandatory culturally competency training for their members. The focus of the research would be to look at best practices, lessons learnt and possible pit fall, and how to motivate lawyers to participate in the training. * Working with relevant NSBS Committees that work with standards regarding Family Law, Criminal Law, Wills and Estates, Real Estate, Ethics, Education and Credentials, etc. to begin identifying areas of basic competency development and begin working through what level of cultural and legal competence is needed. |
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 “draft” Committee Work Plan and Progress Report 2019-2020 indicates as one of its responsibilities to: * work with Indigenous communities to access and promote Indigenous laws, legal traditions and knowledge to be shared with the NSBS membership: * Identify challenges faced by Indigenous peoples in accessing justice and appropriate legal counsel, by providing recommendations to relevant stakeholders on remediating the gap in access to legal services |
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 “draft” Committee Work Plan and Progress Report 2019-2020 indicates among its responsibilities to: * engage Indigenous members of the NSBS and Indigenous law students in the work of the TRC Working Group; * Work in partnership to build relationships with the Schulich School of Law, as the law school works on their activities in relation to Call to Action 28. |
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 Path: Indigenous Intercultural Awareness and Competency” training will be mandatory for all practicing lawyers as of Oct. 2023. See “Mandatory Course” above. Also, the TRC Working Committee stats in an Aug. 23, 2023 update: * Exploring the development of mandatory cultural competence training by looking at how other jurisdictions that have implemented mandatory cultural competency training for their members. The focus of the research would be to look at best practices, lessons learnt and possible pit fall, and how to motivate lawyers to participate in the training. |
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.
| An August 23 2023 update states “Exploring how to create an L.nu Bar, which would include the regulatory aspects and licensing processes |
Land Acknowledgement
No “Land Acknowledgement” on Nova Scotia Barrister Society website.
| 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 Nova Scotia Barrister’s Society did respond. Managing Editor: Douglas Sinclair: Publisher, Indigenous Watchdog Lead Researcher, Timothy Maton: Ph.D |