The Law Society of BC is taking steps to ensure legal regulation is an accessible and culturally safe process for all Indigenous individuals.
In 2021, we established the Indigenous Engagement in Regulatory Matters Task Force to review our processes and make recommendations to improve our ability to effectively engage, address and accommodate Indigenous complainants and witnesses. The decision in Re Bronstein and the Indigenous Engagement in Regulatory Matters Task Force identified important essential work that needs to take place to ensure the Law Society’s regulatory processes are more responsive to and inclusive of Indigenous individuals.
The Task Force has drafted a report that contains recommendations to address systemic barriers to Indigenous cultural safety. The overarching theme of the report is the Law Society’s need, and desire, to reconcile its processes with Indigenous legal principles. The recommendations include taking steps to build relationships, gain trust and become more proactive in preventing harm to the public, particularly Indigenous individuals.
To ensure sufficient time for review and discussion of the report by Indigenous organizations and communities, the Benchers received the report at the April meeting and will make decisions on recommendations at the July meeting.
Steps are already underway to ensure legal regulation is a more accessible and culturally safe process for all Indigenous individuals. We have made changes to how the Law Society deals with complainants and have adopted a trauma-informed approach. Additionally, many Law Society staff are engaging with the Indigenous intercultural course, which is a mandatory requirement for all lawyers in BC.
The Law Society will continue its efforts to improve its regulatory processes and to build trust with Indigenous Peoples by ensuring that what we do, and how we do it, works for Indigenous Peoples. Following approval of the report, the Law Society will take meaningful action to implement the report’s recommendations and provide regular updates on the progress it is making.
Terri-Lynn Williams-Davidson (Gidahl-Gudsllaay), KC, co-chair of the Indigenous Engagement in Regulatory Matters Task Force, said: “I have served as co-chair of this Task Force because I care deeply about the impact that regulatory decisions have had on Indigenous Peoples such as the Tsilhqot’in Nation. The recommendations of the Task Force are part of the necessary transformation towards reconciliation with Indigenous Peoples.”
Christopher A. McPherson, KC, president of the Law Society and co-chair of the Indigenous Engagement in Regulatory Matters Task Force, said: “The Law Society has not met the needs of Indigenous Peoples in its regulatory processes. The Law Society takes its obligations seriously and will devote significant energy and resources to implementing the recommendations from the report.”
