Why Truth and Reconciliation Matters

For more than a century, Canada's colonial policies sought to eliminate the rights, governments, culture, resources, lands, languages and institutions of Indigenous Peoples. The goal was to assimilate Indigenous Peoples into European culture against their will. Canadian law and lawyers played an active role in forcing Indigenous children into residential schools. The negative intergenerational impacts of the enforcement of these policies continues for Indigenous Peoples today.

These policies were enforced through law and based on notions of Indigenous inferiority and European superiority. The policies facilitated discrimination and resulted in disparities and inequalities between Indigenous Peoples and broader Canadian society. As a result, many Indigenous people developed a deep distrust of Canada’s legal system.

The Law Society recognizes it is a colonial institution that relies on policies and processes that are often inconsistent with Indigenous legal principles regarding dispute resolution. The Law Society also acknowledges the oppressive role that the colonial legal system has played, and continues to play, in the lives of Indigenous Peoples, and the role the Law Society plays within that legal system. Reconciliation requires building the level of trust that is necessary for Indigenous complainants and witnesses to feel safe in approaching the Law Society with concerns or complaints they may have about lawyer conduct.

In order to build trust, the Law Society is committed to advancing reconciliation with Indigenous Peoples by acting on recommendations to remove systemic barriers and to ensure that what we do — and how we do it — works for Indigenous Peoples.

What are the Distinctions between Truth and Reconciliation and Equity, Diversity and Inclusion?

It’s important to understand the distinctions between the Law Society’s work in the area of Truth and Reconciliation and in that of equity, diversity and inclusion. While there are intersections within each area of focus, there are also significant distinctions between the two.

The mandate of the Equity, Diversity and Inclusion Advisory Committee (EDIAC) focuses on monitoring and making policy recommendations on a broad range of issues affecting equity, diversity and inclusion and mental health in the legal profession and the justice system, including matters related to gender and race discrimination and other systemic barriers that individuals from equity-deserving groups face.

The Truth and Reconciliation Advisory Committee (TRAC) was established in response to the Truth and Reconciliation Commission of Canada Report (2015) and its 94 Calls to Action and, more specifically, Calls to Action 27 and 28. The committee is focused on addressing matters related to, and stemming from, the distinctive histories, lived experiences and realities of Indigenous peoples and the ongoing impacts of colonialism in the legal profession and justice system. While there are commonalities and intersections between the EDIAC’s equity, diversity and inclusion work and meaningful reconciliation with Indigenous peoples, it is imperative to understand that the work of TRAC goes beyond experiences of racism and discrimination to address the direct impacts and experiences of colonialism.

Both committees recognize the importance of collaborating on overlapping themes, specifically when addressing anti-Indigenous racism. Moving forward together in support of each other’s mandates is key to making meaningful progress with these two areas of focus.