Barristers in B.C. will first be required in Canada to study Indigenous issues, history, law society says

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

""Lawyers and the law established a justice system that discriminates against aboriginal people,"" said Nancy Merrill, president of society, adding that obtaining a stay from an indigenous individual until the 1960's was illegal for a lawyer.

""That is history that is still recent,"" she said. ""We need to move on.""

Last week, the board of governors of the law society determined that jurisdiction should include knowledge of the history of indigenous-crown relationships, the history and legacy of residential schools and specific legislation on indigenous peoples in Canada.

All practising lawyers in B.C. beginning indigenous law and marriage in 2021, A six-hour online course addressing these areas and constitutional adjustments that could result from the recently enacted Declaration on the Rights of Aboriginal Peoples Act of the province will be needed.

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

""The task of the law society is to protect the public interest in the administration of justice,"" said Michael McDonald, a lawyer based in Vancouver, who co-chaired the Truth and Reconciliation Advisory Committee for the law firm. He is also a member of the Manitoba Peguis First Nation.

""Serving the public interest means knowing the facts of history, even if that history does not bring a good light to our society.""

Legal system has been a harmful agent

Historically, the legal system has been an agent of harm to indigenous peoples, and continues to be so in some ways, McDonald said, pointing to the over-representation of indigenous people in prisons and the judiciary.

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

Students in Law in B.C. Already receiving some cultural skills training, but many lawyers have been practising for decades and some are coming from other jurisdictions to the province, McDonald said, adding that the requirements passed by the law firm are the ""baseline minimum.""

It's necessary to provide lawyers in criminal justice with basic knowledge of key aspects of indigenous experiences in Canada, such as the Sixties Scoop, during which Canadian government policies allowed the arrest of thousands of indigenous children placed with non-indigenous foster families, McDonald said.

""People who become more conscious of that can then use it to inform their legal services' quality,"" he said.

Likewise, many real estate lawyers lack knowledge of the Indian Act and how to strike reserve development deals, McDonald said.

""If you're not aware of the people's internal politics and history and culture that are giving you your orders, how can you be a good lawyer in that deal?""

In the future, he said, there is a plan for developing more specific, supplementary courses which would be voluntary.

Commission's request for training

In its 2015 report, the Truth and Reconciliation Commission called on the Federation of Law Societies of Canada to ensure that lawyers are adequately trained in cultural skills, 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 hoped that cultural skills training from the law society would one day delve into the laws and legal practises of indigenous communities.

""It's opening up those spaces to see Indigenous Law, seeing Indigenous Clients' Agency and the context from which they operate,"" he said.