Indigenous Bar Association Disheartened by Divisive Vote on LSBC Resolution 3; Reaffirms Need for Mandatory Legal Education on Indigenous Issues

September 27, 2024

The Indigenous Bar Association (IBA) is relieved by the defeat of Resolution 3 at the Law Society of British Columbia (LSBC), but equally disheartened by how narrowly the motion was defeated. Resolution 3, which contained troubling elements of Residential School denialism, sought to revise the LSBC’s Indigenous Cultural Competency Course by deleting a passage referencing the confirmation of unmarked burials at the former Kamloops Indian Residential School.

The close vote—1691 opposing and 1488 in favor—reveals a deep and concerning division within the legal profession, reflecting an alarming lack of understanding or outright denial of the lived experiences of Residential School survivors.

“The near success of this resolution exposes a dangerous undercurrent in the legal profession,” said IBA President Drew Lafond. “The denial of the harms caused by Residential Schools and the dismissal of Indigenous voices is not just an affront to survivors, but a glaring reminder that the work of reconciliation remains unfinished. The legal profession must do better.”

The IBA believes this vote underscores the urgent need for mandatory legal education on Indigenous history, legal orders, and the ongoing impacts of colonialism. The Truth and Reconciliation Commission’s (TRC) Calls to Action, including Call to Action #27, specifically call on the legal profession to improve its cultural competency and knowledge of Indigenous issues. All lawyers, regardless of their area of practice, have a professional duty to understand these legal frameworks to uphold justice and equity in their work.

Lafond added: “Indigenous rights intersect with every area of law, from constitutional matters to criminal justice, environmental law, and corporate governance. A legal profession that does not understand Indigenous laws and history is not equipped to engage meaningfully with reconciliation or uphold the rule of law in a just manner.”

The IBA is the national non-profit organization representing Indigenous (First Nation, Métis, and Inuit) lawyers (practicing and non-practicing), judges, legal academics and scholars, articling clerks and law students, including graduate and post-graduate law students and paralegals in Canada. The IBA’s mandate includes, inter alia, advocating for the recognition of Indigenous laws, legal traditions, protocols and processes; promoting the reform of policies and laws affecting Indigenous peoples in Canada; and fostering public awareness within the legal community in respect of legal and social issues of concern to Indigenous peoples in Canada. For more information, please visit www.indigenousbar.ca.

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