Pursuant to the
Legal Profession Act, any two members of the Law Society of BC may propose a resolution for the membership to vote on at the Annual General Meeting (AGM). The Law Society Rules do not specify any criteria regarding the content of member resolutions and the Law Society does not have the authority to edit or refuse resolutions. The Benchers may only amend the rules in this regard with the approval of two-thirds of members voting in a general meeting or referendum.
In 2021, Benchers had proposed a change that would have required a resolution to be signed by at least 50 members in good standing before being submitted to the Executive Director. The majority of those members who voted at the 2021 AGM were in favour of this proposal, but as the approval of two-thirds of members voting is required to amend the rules the proposal was not successful. As a result, the threshold to advance resolutions that may be frivolous, vexatious, or unnecessary remains very low.
Ahead of the 2024 AGM, the Law Society received a
resolution from James I. Heller and Mark T.K. Berry requesting changes to the Indigenous Intercultural Course (IIC). The views expressed in the resolution do not reflect those of the Law Society.
On September 9, 2024 the BC First Nations Justice Council (BCFNJC) released a
statement calling the resolution racist and harmful.
The IIC is an educational course that has been designed by Indigenous experts and others to help BC lawyers learn about settler and Indigenous shared history, and increase their Indigenous cultural awareness and understanding. From the outset of this program, the Law Society has indicated that the course is not intended to be comprehensive or definitive, and that periodic changes will be made to course content.
The Law Society has frequently reminded the profession that we welcome feedback on the course, and any questions or feedback should be sent to
Indigenous@lsbc.org. Suggestions for revisions to course content are taken seriously and may require some time to review background information, other resources and consultation before next steps are taken, if appropriate.
The resolution submitted by Mr. Heller and Mr. Berry only highlights the need for the IIC and confirms much work remains to be done to increase knowledge and understanding, continue our efforts of advancing meaningful reconciliation with Indigenous people, and eliminate racism in our profession.
