On the path to truth and reconciliation

For a law firm, expressing a meaningful commitment to truth and reconciliation can be a daunting prospect. Even with the best of intentions, firms struggle with how to go about it the right way. In June, the Canadian Bar Association released a comprehensive toolkit to help them along that path.

John Brown, the legal and strategic advisor of Indigenous Initiatives at McCarthy Tétrault, contributed to the toolkit. He says helping Indigenous law students feel welcome by clearing the tables out of the boardroom to make space for a talking circle is a powerful way for a firm to signal its commitment to reconciliation.

Brown, whose family on his father’s side is Sto:lo from the Fraser River Valley in British Columbia, describes how, at the firm’s Open Houses for Indigenous law students, he and other members of his firm welcome the students using a talking circle. “We begin with smudging then we use a talking stick to introduce ourselves as we pass the talking stick around the circle. Whoever is holding the talking stick is entitled to be listened to, uninterrupted, and has an obligation to speak truthfully and from the heart.” The others in the circle, he adds, have an obligation to listen thoughtfully, with respect and an open heart.

Other initiatives at McCarthy’s include the 1L Black and Indigenous summer program. It is designed to create a pipeline for Indigenous law students into the organization and “to compensate for historical structural barriers that Indigenous people tend to face in the legal profession, both when it comes to entering law school but then also entering the profession,” says Chief Inclusion Officer Nikki Gershbain.

Every firm can design programs and initiatives suited to their needs and those of Indigenous communities in their area. The CBA toolkit includes resources and guides to inclusive practices to help firms attract and retain Indigenous talent. Among them are ensuring hiring processes and interview questions do not constitute barriers for Indigenous employees and accessing Indigenous expert advisors to do a review of the organization.

Cultural competency

One of the most critical aspects of a reconciliation action plan is focusing on the Truth and Reconciliation Commission’s Call to Action 27 and ensuring lawyers receive cultural competency training. The toolkit was developed with NVision Insight Group, a majority Indigenous-owned consulting company that created the CBA’s The Path: Your Journey Through Indigenous Canada. This online resource and many others are included in the toolkit, focusing on cultural competency and anti-bias training.

In June 2020, Clark Wilson was the first regional law firm in British Columbia to complete firm-wide Indigenous cultural competency training for all its lawyers and staff.

Clark Wilson’s goal, according to its reconciliation statement, “is to contribute to meaningful reconciliation through business between Canada’s Indigenous Peoples, its business and governments. Our firm’s leaders will develop the Reconciliation Action Plan in close consultation with Mike McDonald, Q.C., Partner in Clark Wilson’s Indigenous Law Group, member of the BC Law Society’s Truth and Reconciliation Working Group, and member of the Peguis Nation; and Saul Joseph, associate in the Indigenous Law Group, a member of the Canadian Bar Association’s Truth and Reconciliation Task Force, and member of the Squamish First Nation.”

Diversity and inclusion are also key priorities at Osler, says Diversity Committee Chair and partner Shuli Rodal. “This means we must educate ourselves and be part of the conversation about the historical and structural barriers to inclusion in the communities in which we work and live.” 

The firm considers education and awareness fundamental to support the Truth and Reconciliation calls to action. “We were fortunate in 2018 to have had with us at Osler the Honourable Senator Murray Sinclair for a firm-wide discussion about Canada’s Indigenous Peoples and what reconciliation means for all Canadians,” Rodal adds, noting a recording of that discussion is included in the firm’s annual diversity programming. 

Support for Indigenous businesses and artists

British Columbia firm JFK Law’s reconciliation action plan includes a commitment to advance Indigenous legal systems. It also supports local Indigenous artists and galleries “by choosing and displaying their work in our offices, as well as attending reconciliation events” and a deliberate effort to “choose Aboriginal businesses and suppliers when available.”

Miller Thomson’s plan has three key components. The first is to “focus on internal education of our lawyers, students, and staff about Indigenous culture and access to justice issues, the second is expanding our existing initiatives and programs firm-wide to increase recruitment and retention of Indigenous people in the legal profession, and the last component is promotion of Indigenous-owned business.”

Gowling WLG has committed to creating inclusive spaces for Indigenous staff, professionals and clients, including during firm events. As well, the firm will undertake “strategic collaborations to provide intercultural competence training for firm personnel, enhance the availability of culturally competent legal services, and offer pro bono legal services that advance reconciliation.” 

Smaller firms

Leaders of smaller firms, who may be concerned about how to engage meaningfully to advance the goals of reconciliation with relatively modest budgets, can also take full advantage of the toolkit. 

“I’m not going to deny that having resources to advance the program is helpful and will accelerate progress,” says McCarthy’s Nikki Gershbain. But every organization can participate in the work. “The first thing they can start with is just being declarative about their values. You don’t need any money for leaders to say: ‘This matters to us and we’re going to work on it.’”

Gershbain recommends starting with a roadmap. The CBA toolkit contains a detailed section on how to design one suited to your firm. “A plan is very helpful because it can guide your work and it helps make sure that you stay on track and you don’t get sidelined by issues that aren’t going to drive the strategy forward,” she explains. “If you do have limited resources, it’s really important to use them judiciously, and I think we can all agree that advancing reconciliation is everybody’s obligation as Canadians.”

In the end, John Brown says, what’s important to remember is that “Canada’s treatment of Indigenous people fractured Canada’s relationship with Indigenous people. And reconciliation is all about mending that fractured relationship.”