The Law Society Law Society of New Brunswick was officially created in 1846. The Provincial Legislative Assembly adopted Chapter 48 of the Provincial Statutes which in effect incorporated what was then called the “Barristers’ Society” for the “purpose of securing in the Province a learned and honourable legal profession, for establishing order and good conduct among its members and for promoting knowledgeable development and reform of the law”.

While the name of the organisation has changed and is now the Law Society of New Brunswick, its original mandate has remained essentially the same.

It is important to note that the Law Society is an independent body, which has as its primary responsibility the protection of the public in the administration of justice… the objects and duties of the Society… are as follows: 

1. to uphold and protect the public interest in the administration of justice, 
2. to preserve and protect the rights and freedoms of all persons, 
3. to ensure independence, integrity and honor of its members, 
4. to establish standards of education, professional responsibility and competence of its members and applicants to membership, and
5. to regulate the legal profession.”

Law Society of New Brunswick Commitment to Truth and Reconciliation

Pathway to Reconciliation

The Pathway to Reconciliation approved by Council on September 23, 2019 states:

23.1 In keeping with the spirit and intent of the Report on Truth and Reconciliation, the Society acknowledges that it has an obligation to address the “Calls to Action” and that Reconciliation is an on-going process of interaction between the Society and the Indigenous People of New Brunswick. To that end and in accord with its mandate, it is committed to the following:

23.1.1   Advance and provide opportunities for cultural competency training for both members of the Law Society as well as Bar Admission Course students. This includes recognition and implementation of methods to foster inclusion of Indigenous culture at the Law Society and its functions;

23.1.2   Advance and provide opportunities for education for both members of the Law Society as well as Bar Admission Course students on all aspects of Indigenous law and history, including the legacy of residential schools;

23.1.3   Advocate to the Federation of Law Societies of Canada that a mandatory course on Indigenous law be implemented in Law Schools in New Brunswick;

23.1.4   Create and maintain a standing Committee on Truth and Reconciliation responsible for advising on the implementation of the objectives of the present policy and of Call #27 of the “Calls to Action” set forth by the National Committee on Truth & Reconciliation (See Call to Action # 27 below);

23.1.5   The Committee on Truth and Reconciliation shall bring awareness to council as it pertains to the application of this policy;

23.1.6   The Law Society shall make every effort to include Indigenous members on Law Society committees and take all means possible to support Indigenous lawyers and students-at-law;

23.1.7   The Law Society shall establish a working committee to provide education to members of the Law Society and Bar Admission

23.1.8   The working committee, in consultation with the Committee on Truth and Reconciliation, shall make recommendations to Council for the approval of standards for the education and competence of its members and applicants for membership in the application of this policy

Call to Action # 7

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: No

The Law Society of New Brunswick Requirements for Continuing Professional Development‘s new bylaw takes effect on January 1, 2023. MCPD courses are no longer mandatory, however practicing lawyers must fulfill the following requirements:

The subject matter for each activity to be reported must deal exclusively with at least one of:

• Substantive law
• Procedural law
• Professional ethics
• Practice management (including client care and client relations)
• Lawyering skills*
• TRC Call to Action #27

The Law Society supports CPD credit for programming that reflects the content of Truth and Reconciliation Commission’s Call to Action #27 (Appendix A). The Law Society will continue to work with the Truth and Reconciliation Commission welcoming CPD in education and training the profession on the content of the TRC Call to Action #27

The Law Society 2023 Annual Report (p. 114) stated: 

The Truth and Reconciliation Education Working Committee was created to provide appropriate cultural competency training, education on the history and legacy of residential schools, Treaties and Aboriginal rights, Indigenous law and Aboriginal-Crown relations and the United Nations Declaration on the Rights of Indigenous Peoples to members of the Law Society of New Brunswick. 

The first of nine modules (Introduction and Basic Overview) is completed and the work has begun on the second module which will deal with the history of treaties.” 

Law Society of New Brunswick Commitment to Call to Action # 27: 1 out of 5 = 20%

1	The history of Aboriginal peoples, including the history and legacy of residential schools
In Progress. The course has not been fully developed and implemented yet.
2	The United Nations Declaration on the Rights of Indigenous Peoples
In Progress. The course has not been fully developed and implemented yet.
3	Treaties and Aboriginal rights
In Progress. The course has not been fully developed and implemented yet.
4	Indigenous law
In Progress. The course has not been fully developed and implemented yet.
5	Aboriginal–Crown Relations
In Progress. The course has not been fully developed and implemented yet.

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 Pathway to Reconciliation approved by Council on Sept. 23, 2019 made formal commitment to Reconciliation (See Pathway to Reconciliation section above). The Law Society 2023 Annual Report also committed to an Action Plan on 16 September 2023.“The Committee approved an Action Plan that identifies areas and items that the Committee believes the Law Society can work on over the next three years. The Action Plan was approved by Council of the Law Society on September 16, 2023. The Action Plan is not meant to be an exhaustive list of all actions the Law Society can take to advance truth and reconciliation” p.113).

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.

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 Pathways to Reconciliation states: 23.1.1   Advance and provide opportunities for cultural competency training for both members of the Law Society as well as Bar Admission Course students. This includes recognition and implementation of methods to foster inclusion of Indigenous culture at the Law Society and its functions; 23.1.2   Advance and provide opportunities for education for both members of the Law Society as well as Bar Admission Course students on all aspects of Indigenous law and history, including the legacy of residential schools

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.

One of the five identified actions of the Truth and Reconciliation Action Committee is:  5.0 Ongoing Relationship building with Indigenous PeopleFor all anticipated actions to effect Truth and Reconciliation, the LSNB should plan to engage with the Indigenous communities in New Brunswick and seek guidance and feedback. The LSNB should also establish regular meetings with Indigenous leadership. The Pathway to Reconciliation addresses the following: 23.1.6   The Law Society shall make every effort to include Indigenous members on Law Society committees and take all means possible to support Indigenous lawyers and students-at-law

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.

One of the five identified actions of the Truth and Reconciliation Action Plan is: 3. Tackle barriers to recruit more Indigenous lawyers and keep Indigenous people in the legal field. The Pathway to Reconciliation (see above) addresses the following: 23.1.6   The Law Society shall make every effort to include Indigenous members on Law Society committees and take all means possible to support Indigenous lawyers and students-at-law; “The Action plan called upon the LSNB to tackle barriers to recruit more Indigenous lawyers and keep Indigenous people in the legal field. The LSNB recognizes that systemic barriers exist that prevent Indigenous peoples from pursuing a career in law, obtaining a law degree, becoming a lawyer and remaining within the legal field. Recognizing the power of starting with a small initiative to achieve a much larger goal, Council accepted the recommendation of the Truth and Reconciliation Committee that the Bar Admission Program enrolment fees for Indigenous students-at-law be waived starting May 1, 2023.  In addition, Council decided that the LSNB would cover the cost for students-at-law to enroll into the online course entitled “The Path-Your Journey Through Indigenous Canada.”

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.

One of the five identified actions of the Truth and Reconciliation Action Plan is:  1.0 Education The Sub-Committee believes that the LNSB should aim to improve the legal profession in New Brunswick’s understanding of Indigenous history, cultural, Aboriginal and Treaty rights, the history and legacy of residential schools, Indigenous law, Aboriginal-Crown relations and UNDRIP by: * Making it mandatory for LSNB staff and students-at-law enrolled into the Bar Admission program to take the on-line course entitled “Path – Your Journey Through Indigenous Canada” * Completing the modules as planned by the Truth and Reconciliation Education Working Committee * Beginning to look at ways to make education for LNSB Membership on Indigenous history, culture, Aboriginal and Treaty rights, the history and legacy of residential schools, Indigenous law, Aboriginal-Crown relations and UNDRIP mandatory And others…. Pathway to Reconciliation advocated a mandatory law course and cultural competency opportunities: 23.1.1   Advance and provide opportunities for cultural competency training for both members of the Law Society as well as Bar Admission Course students. This includes recognition and implementation of methods to foster inclusion of Indigenous culture at the Law Society and its functions; 23.1.2   Advance and provide opportunities for education for both members of the Law Society as well as Bar Admission Course students on all aspects of Indigenous law and history, including the legacy of residential schools 23.1.4   Create and maintain a standing Committee on Truth and Reconciliation responsible for advising on the implementation of the objectives of the present policy and of Call #27 of the “Calls to Action” set forth by the National Committee on Truth & Reconciliation 23.1.8   The working committee, in consultation with the Committee on Truth and Reconciliation,shall make recommendations to Council for the approval of standards for the education and competence of its members and applicants for membership in the application of this policy.”(13 September 2019) New Brunswick’s CPD program, “The Path,” is derived from the national program also entitled “The Path. ”New Brunswick-related material is within “The Path,” and while the content has a great deal of overlap with the national program, lawyers must check with New Brunswick’s law society to find out if the CPD requirement can be replaced by those who have completed a national “The Path” CPD 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.

The Law Society 2023 Annual Report states (p.113):During the past year, the Committee conduced an assessment of the Bar Admission Program relating to Indigenous issues… The program will be reassessed next year once the Indigenous Awareness module is reviewed by members of local Indigenous communities.

Land Acknowledgement

Located on “Statement on Residential Schools and Day Schools” – For Lawyers section on Home Page

The Law Society of New Brunswick would like to acknowledge that the lands on which we operate are the traditional unceded territories of the Wǝlastǝkewiyik / Wolastoqiyik [wool-los-toe-wee-ek] (Maliseet), Mi’kmaq / Mi’kmaw [[meeg-ma]] and Peskotomuhkati [pes-ko-tom-uh-ka-ti] (Passamaquoddy). These Indigenous Nations and their territories that make up modern day Maritime Provinces, North East Maine and the Gaspé Coast are governed by the “Treaties of Peace and Friendship” which the Mi’kmaq / Mi’kmaw [meeg-ma], Wǝlastǝkewiyik / Wolastoqiyik [woollos-toe-wee-ek] (Maliseet) and Peskotomuhkati [pes-ko-tom-uhka-ti] (Passamaquoddy) co-developed and signed with the British Crown in the 18th century. 

The treaties did not deal with the surrender of lands and resources but in fact recognized Mi’kmaw, Wəlastəkwey / Wolastoqey and Peskotomuhkati title, and established the rules for what was to be an ongoing relationship between nations.

Land Acknowledgements are also highlighted for:

1. Virtual Meetings and Events
2. In Person Meetings/Events held in Fredericton/Saint John
3. In Person Meetings/Events held in Moncton
4. In Person Meetings/Events held in Saint Andrews

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

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