(Black Press Media files)

(Black Press Media files)

Lawyer competence includes knowledge of Indigenous-Crown history: B.C. law society

All practising lawyers in B.C. will be required to take a six-hour online course covering these areas

The Law Society of British Columbia has moved to require Indigenous cultural competency training for all practising lawyers in the province, in response to gaps in legal education that the Truth and Reconciliation Commission identified.

“Lawyers and the law created a justice system that discriminates against Indigenous people,” said Law Society president Nancy Merrill, noting that it was illegal for a lawyer to take a retainer from an Indigenous person until the 1960s.

“That’s still recent history,” she said. “We need to move forward.”

Last week, the law society’s board of governors determined that lawyer competence includes knowledge of the history of Indigenous-Crown relations, the history and legacy of residential schools and specific legislation regarding Indigenous peoples in Canada.

Beginning in 2021, all practising lawyers in B.C. will be required to take a six-hour online course covering these areas, as well as legislative changes that could arise from the province’s newly enacted Declaration on the Rights of Indigenous Peoples Act.

Lawyers will have up to two years to complete the course the mandatory course, which is a first among law societies across Canada, Merrill said.

“The law society’s role is to protect the public interest in the administration of justice,” said Vancouver-based lawyer Michael McDonald, who co-chaired the law society’s truth and reconciliation advisory committee. He is also a member of Peguis First Nation in Manitoba.

“Serving the public interest means a knowledge of the facts of history, even if that history does not show our society in a good light.”

Historically, the legal system was an agent of harm for Indigenous peoples and in some ways it continues to be, McDonald said, pointing to the overrepresentation of Indigenous people in prisons and the judicial system.

Issues of concern to Indigenous peoples permeate all areas of the law, he said, from criminal and family law to corporate law to environmental law to intellectual property and trademark law.

Law students in B.C. are getting some cultural competency training already, but many lawyers have been practising for decades and some are coming to the province from other jurisdictions, said McDonald, adding that the requirements passed by the law society are the “baseline minimum.”

It’s important to support criminal justice lawyers with basic knowledge of key aspects of Indigenous experiences in Canada, such as the ’60s Scoop, during which Canadian government policies facilitated the apprehension of thousands of Indigenous children who were placed with non-Indigenous foster families, McDonald said.

“People who become more aware of that can then use that to inform the quality of their legal services,” he said.

Many real estate lawyers also lack knowledge about the Indian Act and how to strike development deals on reserves, said McDonald.

“If you’re not aware of the internal politics and the history and culture of the people that give you your instructions, how are you going to be a good lawyer in that deal?”

There is a plan to develop more specific, supplementary courses in the future, he said, which would be voluntary.

In its report released in 2015, the Truth and Reconciliation Commission called upon the Federation of Law Societies of Canada to ensure lawyers receive appropriate cultural competency training, including the history and legacy of residential schools, treaties and Indigenous rights, Indigenous law, and Indigenous-Crown relations, as well as training in conflict resolution and anti-racism.

John Borrows, the Canada Research Chair in Indigenous Law at the University of Victoria, said he hopes the law society’s cultural competency training might one day delve into Indigenous communities’ own laws and legal traditions.

“It’s opening up those spaces to see Indigenous law, to see the agency of Indigenous clients and the context that they operate from,” he said.

Brenna Owen, The Canadian Press

Get local stories you won't find anywhere else right to your inbox.
Sign up here

Just Posted

Alberta chief medical officer of health Dr. Deena Hinshaw said the province still hopes to bring the hospitalization number down before relaxing restrictions. (photography by Chris Schwarz/Government of Alberta)
14 new deaths, 366 new COVID-19 cases in Alberta

Province nearing 100K COVID-19 vaccine doses administered

(Photo submitted)
OUR COMMUNITY: Central Alberta researchers are innovators in agricultural sciences

Jessica Sperber of Ponoka, and David MacTaggart of Lacombe awarded prestigious scholarship

(Photo submitted)
Ponoka RCMP receives new police puppy trainee

The Ponoka RCMP detachment has said goodbye to their police dog trainee… Continue reading

Mom’s Diner owner Wesley Langlois has joined a growing number of Alberta restaurants that are allowing sit-in dining despite public health restrictions. Photo by PAUL COWLEY/Advocate staff
Red Deer diner joins sit-down dining protest

Mom’s Diner has joined a growing list of Alberta restaurants flouting health restrictions

Young hockey players were out on Bentley Tuesday for a march to a support a return to sports. (Photo courtesy of Bobby McKinlay)
(Kraft Dinner/Twitter)
Kraft Dinner launches candy-flavoured mac and cheese just in time for Valentine’s Day

Sweet and cheesy treat will be here just in time for the cheesiest holiday of the year

In this undated image made from a video taken by the Duke of Sussex and posted on @SaveChildrenUK by the Duke of Sussex and Meghan, Duchess of Sussex, shows the Duchess of Sussex reading the book “Duck! Rabbit!” to their son Archie who celebrates his first birthday on Wednesday May 6, 2020. The Canadian Paediatric Society is reminding families that the process of raising a reader starts from birth. (Duke of Sussex/@SaveChildrenUK)
Canadian Paediatric Society says raising a reader starts from birth

CPS says literacy is one of the strongest predictors of lifelong health outcomes

Employment, Workforce Development and Disability Inclusion Minister Carla Qualtrough responds to a question during a news conference Thursday August 20, 2020 in Ottawa. THE CANADIAN PRESS/Adrian Wyld
Easing rules for parental benefits created inequities among parents, documents say

Employment Minister Carla Qualtrough’s office says the government will make any necessary changes

People walk along a pedestrianized zone of Sainte-Catherine street in Montreal, Monday, May 18, 2020, as the COVID-19 pandemic continues in Canada and around the world. Newly released statistics point to a major drop in police-recorded crime during the first eight months of the COVID-19 pandemic. THE CANADIAN PRESS/Graham Hughes
Crime down in first 8 months of pandemic, but mental health calls rise: StatCan

The agency says violent crimes such as assault dropped significantly

FILE – Canadian Prime Minister Justin Trudeau delivers his opening remarks at a news conference outside Rideau cottage in Ottawa, Tuesday, January 19, 2021. THE CANADIAN PRESS/Adrian Wyld
Vaccine CEO ‘very, very clear’ that Canada’s contracts will be honoured: Trudeau

Trudeau says he spoke to Moderna CEO on the morning of Jan. 26

A ground worker wearing a face mask to curb the spread of COVID-19 unloads lobsters from a WestJet Airlines flight at Vancouver International Airport, in Richmond, B.C., on Thursday, January 21, 2021. THE CANADIAN PRESS/Darryl Dyck
Trudeau teases stricter travel measures; Canadians flying to U.S. now need COVID test

Prime minister says measures need to not hurt imports and essential trade

Most Read