Summary:
The Federation of Law Societies of Canada has formally recommended that its members consider implementing mandatory Indigenous cultural competency training.
The Call to Action:
We call upon the Federation of Law Societies of Canada to ensure that lawyers receive appropriate cultural competency training, which includes the history and legacy of residential schools, the United Nations Declaration on the Rights of Indigenous Peoples, Treaties and Aboriginal rights, Indigenous law and Aboriginal-Crown relations. This will require skills-based training in intercultural competency, conflict resolution, human rights and anti-racism.
Analysis:
The Federation of Law Societies of Canada has formally recommended that its members consider implementing mandatory Indigenous cultural competency training.
In June 2020, the Federation of Law Societies of Canada released its Report of the Truth and Reconciliation Calls to Action Advisory Committee. In it, the advisory committee formally recommended that provincial law societies incorporate cultural competency training among its member professionals.
Recommendation #7 states that “the Federation urges law societies to
• Consider mandatory Indigenous cultural competency training.
• Ensure that legal professionals in their jurisdictions are provided with access to educational opportunities to enhance their knowledge and understanding of Indigenous peoples, the legacy of colonization and the existence of Indigenous legal orders.
• Ensure the availability of a continuum of educational opportunities and resources to recognize the diversity of legal practices and Indigenous peoples and legal orders within a given jurisdiction.
• Collaborate with Indigenous organizations in the development and delivery of cultural competency training or rely on training already developed by such organizations.”
However each provincial and territorial law society has its own charter and will not be mandated to adhere to these recommendations.
In 2019, the Law Society of British Columbia moved to require Indigenous cultural competency training for all lawyers practising in the province.
In March 2016, the Canadian Bar Association formally endorsed Calls to Action #27 and #28, and noted that “the CBA hosts national, regional and local conferences, seminars and workshops that include the kind of training called for by the TRC.”
The CBA also endorsed making courses about Indigenous peoples mandatory in all law schools.