(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

Jovin Walkus and Alayah Mack enjoy the Centennial Pool in summer 2020. (Geneva Walkus photo)
CCRD receives more funding for Centennial Pool project

The total funding for the project is now over $4 million

Provincial funding in the amount of $300,000 has been announced for the Cariboo Regional District’s plans to improve the Anahim Lake Airport runway. (CRD photo)
$300,000 provincial funding to fuel Anahim Lake Airport runway upgrade

The recovery grant is one of 38 announced to support jobs in rural communities

(Phil McLachlan/Capital News)
Murder charge laid in February 2020 stabbing death of Smithers man

Michael Egenolf is charged with the second-degree murder of Brodie Cumiskey

Island Health chief medical officer Dr. Richard Stanwick receives a first dose of Pfizer vaccine, Dec. 22, 2020. (B.C. government)
COVID-19: B.C. seniors aged 90+ can start to sign up for vaccination on March 8

Long-term care residents protected by shots already given

The school is very proud of these students (pictured, left to right): Halim Demir (holding Grace Valdez’ gold certificate); Lauren McIlwain, Shayleen Mack, Jaymen Schieck, Kyle Doiron, and Finn Carlson (photo submitted)
SAMS students excel in international competition

The SAMS team swept their category this year; all six participants received awards

B.C. Health Minister Adrian Dix and provincial health officer Dr. Bonnie Henry head for the B.C. legislature press theatre to give a daily update on the COVID-19 pandemic, April 6, 2020. (B.C. government)
B.C. nears 300,000 COVID-19 vaccinations, essential workers next

564 new cases, four deaths, no new outbreaks Thursday

Grand Forks’ Gary Smith stands in front of his Church of the Flying Spaghetti Monster float. Photo: Submitted
Grand Forks’ Flying Spaghetti Monster leader still boiling over driver’s licence photo

Gary Smith, head of the Church of the Flying Spaghetti Monster of B.C., said he has since spoken to lawyers

A Cowichan Valley mom is wondering why masks haven’t been mandated for elementary schools. (Metro Creative photo)
B.C. mom frustrated by lack of mask mandate for elementary students

“Do we want to wait until we end up like Fraser Health?”

(Pxhere)
B.C. research reveals how pandemic has changed attitudes towards sex, health services

CDC survey shows that 35 per cent of people were worried about being judged

Cannabis bought in British Columbia (Ashley Wadhwani/Black Press Media)
Is it time to start thinking about greener ways to package cannabis?

Packaging suppliers are still figuring eco-friendly and affordable packaging options that fit the mandates of Cannabis Regulations

Some Canadians are finding butter harder than usual, resulting in an avalanche of social media controversy around #buttergate. (Brett Williams/The Observer)
#Buttergate: Concerns around hard butter hit small B.C. towns and beyond

Canadians find their butter was getting harder, blame palm oil in part one of this series

Jobs Minister Ravi Kahlon speaks in the B.C. legislature, describing work underway to make a small business and tourism aid package less restrictive, Dec. 10, 2020. (Hansard TV)
B.C. extends deadline for tourism, small business COVID-19 grants

Business owners expect months more of lost revenues

Anti-pipeline protests continue in Greater Vancouver, with the latest happening Thursday, March 4 at a Trans Mountain construction site in Burnaby. (Facebook/Laurel Dykstra)
A dozen faith-based protestors blockade Burnaby Trans Mountain site in prayer

The group arrived early Thursday, planning to ‘block any further work’

Most Read