(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

Just Posted

Tofino’s affordable housing project at District Lot 114 took another step forward last week thanks to a $3.8 million grant. (tofinohousingcorp.ca)
Tofino scores $3.8M for affordable housing project

Tofino Housing Corproation and Catalyst Community Developments secure funding

The Co-op gas station at Whiskey Creek is burning after a camper van burst into flames just before 4 p.m. on Thursday, June 17, 2021. (FACEBOOK PHOTO)
Exploding camper van torches Highway 4 gas station between Qualicum Beach and Port Alberni

Highway traffic blocked after Whiskey Creek gas station erupts into flames

Timmy Masso smiles alongside his niece Huumiis and nephew Cinkwa. (Submitted photo)
Ucluelet Secondary School graduate earns TD Scholarship for Community Leadership

Timmy Masso’s passionate advocacy of the Nuu-chah-nulth language leads to $70K scholarship

Two ambulances and a medevac helicopter are on scene at Taylor River Flats rest area on Highway 4 due to a serious motor vehicle incident. (PHOTO COURTESY MAGGIE BROWN)
Highway 4 reopens after accident at Taylor River Flats

Multi-vehicle crash had closed highway to west coast

Grade 12 graduates Jada Touchie, Timothy Masso and Brendan Brown are all smiles after receiving their Goodies for the Grads gift packs thanks to a small neighbourhood grant from the Clayoquot Biosphere Trust. (Nora O’Malley photo)
Ucluelet Secondary School grads set to parade through town

Family and friends can cheer on the Class of 2021 this Saturday, June 19 at 4:30 p.m.

A small pod of Pacific white-sided dolphins pass by close to shore in Campbell River June 16, 2021. Still capture from video courtesy of Kimberly Hart
VIDEO: Dolphin sunset captured from Vancouver Island shore

Spectacular setting for view of travelling pod of Pacific white-sided dolphins

Fraser Health registered nurse Ramn Manan draws a dose of the Pfizer COVID-19 vaccine into a syringe at a walk-up vaccination clinic at Bear Creek Park, in Surrey, B.C., on Monday, May 17, 2021. THE CANADIAN PRESS/Darryl Dyck
‘Honour our fathers’ with COVID-19 vaccine protection, B.C. urges

109 new cases Friday, 75 per cent of 12 and up immunized

Freighters have becomd abundant in the Trincomali Channel on the east side of Thetis Island.
Nanaimo ponders taking on waste from nearby anchored freighters

Vancouver-based Tymac petitioning the Regional District of Nanaimo to accept waste at its landfill

(Paul Henderson/ Chilliwack Progress)
Trutch Avenue in Chilliwack to be renamed to remove racist taint

New name to have Indigenous significance as Chilliwack takes new step toward reconciliation

Stanley Fischer, right, died while in a Victoria police jail cell hours after he was arrested on Nov. 15, 1981. (Photo courtesy of Mark Fischer)
Victoria police not reopening investigation into man’s 1981 death while in custody

Stanley Fischer’s death was ruled a suicide after he was found in his jail cell

A search is underway for a 75-year-old fisherman who went missing near Port Angeles Thursday evening. (Courtesy of U.S. Coast Guard)
Search continues for angler missing between Port Angeles and Victoria

Canadian, U.S. Coast Guard searching for 75-year-old man reported missing Thursday evening

Chief Public Health Officer Theresa Tam listens to a question during a news conference, in Ottawa, Tuesday, Jan. 12, 2021. The number of confirmed COVID-19 cases attributed to the highly contagious Delta variant grew in Canada this week. THE CANADIAN PRESS/Adrian Wyld
Canada’s public health agency reports spike in confirmed cases of Delta variant

More than 2,000 cases of the variant confirmed across all 10 provinces and in one territory

Bella Bella is on B.C.’s Central Coast, accessible only by air and ocean. (Tom Fletcher/Black Press)
B.C. provides $22 million for Heiltsuk development on Central Coast

Elders care home project, tourism, lumber mill supported

The federal government says it wants to ban most flavoured vaping products in a bid to reduce their appeal to youth. THE CANADIAN PRESS/AP-Craig Mitchelldyer
Health Canada proposes ban on most vaping flavours it says appeal to youth

If implemented, the regulations would restrict all e-cigarette flavours except tobacco, mint and menthol

Most Read