(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 updates media on the Covid-19 situation in Edmonton on Friday March 20, 2020. nbsp;Alberta is reporting it's highest daily number of COVID-19 cases, with 364 new infections. THE CANADIAN PRESS/Jason Franson
Alberta confirmed 323 COVID-19 cases Tuesday

Central zone active cases at 145

Jay “Chef” Scotian poses for a photo in his new location in Sylvan Lake. Eat Coast Market and Grill will be holding a “Donations for Donairs” fundraiser for Haley Wile on Oct. 24. Photo by Megan Roth/Sylvan Lake News
Sylvan Lake business fundraising for local woman paralyzed in car accident

Haley Wile was in a serious car accident which left her paralyzed from the waist down

Brady Durkin. Photo Submitted
Young Sylvan Lake golfer places in the Top 10 in the country

Brady Durkin finished the National Championship tournament in 8th place recently

Health Minister Tyler Shandro and Dr. Deena Hinshaw, the chief medical officer of health, receive flu shot. Photo via Government of Alberta
COVID-19: One more death in central zone

Ponoka County on province’s watchlist

Many rural municipalities were concerned about a proposed reduction to their industrial revenues, but Alberta’s Municipal Affairs minister has come up with an alternative solution. (Photo contributed)
Province and rural municipalities agree on a plan to support Alberta’s energy industry

Creating new wells or pipelines would result in a three year ‘tax holiday’

Conservative member of Parliament Pierre Poilievre speaks during a press conference on Parliament Hill in Ottawa on October 19, 2020. THE CANADIAN PRESS/Sean Kilpatrick
Liberals say Tory effort to set up COVID-19 committee will be a confidence matter

The Tories were originally proposing an ‘anticorruption’ committee

(The Canadian Press)
Alberta-raised Cree actor lands role in Disney’s live-action ‘Peter Pan and Wendy’

Tiger Lily is featured in Disney’s 1953 animated “Peter Pan” film

Natural Resources Minister Seamus O’Regan responds to a question during Question Period in the House of Commons Tuesday February 4, 2020 in Ottawa. The Alberta government is welcoming news that Ottawa has approved an expansion of the Nova Gas Transmission Ltd. gathering system in Alberta — while condemning federal delays that it says cost this summer’s construction season. THE CANADIAN PRESS/Adrian Wyld
Alberta welcomes federal approval of gas pipeline expansion while criticizing delay

Pipeline division owned by Calgary-based TC Energy Corp. will now be required to restore 3,840 hectares of caribou habitat,

This 2020 electron microscope image made available by the National Institute of Allergy and Infectious Diseases shows a Novel Coronavirus SARS-CoV-2 particle isolated from a patient, in a laboratory in Fort Detrick, Md. THE CANADIAN PRESS/AP-NIAID/NIH via AP
At least 49 cases of COVID-19 linked to wedding in Calgary: Alberta Health

McMillan says the city of Calgary has recently seen several outbreaks linked to social gatherings

Alberta Premier Jason Kenny and government house leader Jason Nixon chat before the speech from the throne delivered in Edmonton, Alta., on Tuesday, May 21, 2019. Alberta politicians are to return to the legislature Tuesday with a plan to discuss up to 20 new bills — many of which are focused on the province’s economic recovery. THE CANADIAN PRESS/Jason Franson
Alberta legislature to resume Tuesday; focus to be on economic recovery

Opposition house leader Heather Sweet said the NDP will focus on holding Premier Jason Kenney

A passer-by walks past a COVID-19 testing clinic in Montreal, Friday, Oct. 16, 2020. THE CANADIAN PRESS/Ryan Remiorz
Canada ‘yet to see’ deaths due to recent COVID surge as cases hit 200,000

Much of the increase in case numbers can be attributed to Ontario and Quebec

robbery
UPDATE: Suspect identified in early morning shooting

Rimbey RCMP had responded to a complaint of an armed robbery at the Bluffton City General Store

Executive Director of Agape Kate Halas (left) receives $1000 from Sgt. Eric Christensen (right) on behalf of Agape. Photo/ Shaela Dansereau.
Former Wetaskiwin Peace Officer wins provincial award; gives back to Wetaskiwin community

Eric Christensen has won the Alberta Association of Community Peace Officers Award of Excellence.

Agriculture Minister Devin Dreeshen (Alberta government photo)
Big boost for Alberta college agriculture research

The $2-million agreement to benefit Lethbridge College’s applied research team

Most Read