THE LAW SOCIETY OF ALBERTA MEMBERS VOTE IN SUPPORT OF INDIGENOUS CULTURAL COMPETENCY EDUCATION

OTTAWA, ONT – In a statement released on February 2, 2023, the Indigenous Bar Association in Canada (the “IBA”) called on all IBA members and all allies who are members of the Law Society of Alberta (the “LSA”) to attend a Special Meeting called to consider a Petition to repeal Rule 67.4 of the Rules of the LSA. Rule 67.4 authorizes the Benchers of the LSA to prescribe and mandate specific Continuing Legal Education (“CLE”), including cultural, political, or ideological education on members as a condition of practice. The Benchers developed and implemented a mandatory CPD requirement to participate in an interactive online tutorial covering Indigenous histories, stories, and rights, collectively referred to as “the Path”. The Petition alleged that the Rule “unnecessarily diminishes and hinders professional autonomy in the area of CPD to the detriment of the profession and the public,” amongst other reasons.

The IBA expressed its full support of the LSA adopting mandatory CLE that focuses on Indigenous culture, history, and legal issues in Canada. This is important step by the LSA to address the Truth and Reconciliation Commission’s Call to Action #27 that “call[s] 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.”

We are thrilled to report that 3473 LSA members voted on this matter and approximately 75% of members voted against the Petition. Only 864 LSA members voted in favour of the Petition. The IBA is incredibly grateful to all LSA members who attended and voted in support of Indigenous cultural competency education for legal profession in Alberta.

We offer our sincere gratitude to former IBA President Koren Lightning, former IBA Vice President Brooks Arcand-Paul, and active member of the IBA Racquel Fraser for sharing their words at the Special Meeting. Brooks, Koren, and Racquel are all members of the LSA who have spent tireless hours over the years and more recently in opposition to this Petition, advocating for the importance of Indigenous cultural competency for all legal professionals in Alberta.

In speaking against the Petition, Mr. Arcand-Paul shared “We are not living in a vacuum. As officers of the court, we have a duty to provide culturally competent services. As legal professionals, both Indigenous and non-Indigenous – we are the ones that should know how this history affects our clients. This training is not intended to make you feel shame, but to understand the realities that have been forced upon Indigenous peoples because of shameful policies.”

Since receiving notice that the Petition was voted down, Koren Lightning stated that “We are happy to see the results! This is a powerful statement made about the importance of our duty to educate ourselves as legal professionals, on the legal history and relationship of Indigenous and non- Indigenous peoples. I am proud of my profession and the Alberta Bar today.”

We commend the LSA in their commitment to Call to Action #27. Today, we get to see our goals being realized and we recognize the Alberta members of the IBA, along with their important contributions to the fittingly high standards set for both the legal profession and reconciliation.

The IBA is a national non-profit association comprised of Indigenous lawyers (practicing and non- practicing), legal academics and scholars, articling clerks and law students, including graduate and post-graduate law students. Our mandate is to promote the advancement of legal and social justice for Indigenous Peoples in Canada and the reform of laws and policies affecting Indigenous Peoples.