WINNIPEG -- The Canadian Civil Liberties Association (CCLA) and the Indigenous Bar Association (IBA) are urging the Law Society of Manitoba to make changes to the process through which people become lawyers, saying it poses a barrier to Indigenous people and others in marginalized communities.
During a news conference on Wednesday, the associations said they take issue with the Law Society of Manitoba’s good character requirements -- part of the licensing process that requires potential lawyers to disclose information about themselves regarding things such as past criminal conduct or job losses.
“This unnecessary obstacle inevitably harms, disproportionately, individuals from Indigenous, Black or other marginalized groups,” said Verna George, the CCLA’s special advisor on Indigenous issues.
“We call upon the law society to revisit and revise this requirement and in doing so, consult Indigenous students, lawyers, and communities and with others from other marginalized groups.”
Noa Mendelsohn Aviv, the CCLA’s equality program director, said the issue was brought up to the CCLA by Indigenous students. She said they were concerned about what this requirement would mean for Indigenous law students and also about the possibility that people would avoid practising law altogether because of it.
“Under the good character process, people trying to become a lawyer in Manitoba are asked to disclose a large amount of deeply personal, irrelevant and remote information about themselves, including ‘were you ever suspended for misconduct by a post-secondary institution?’” said Mendelsohn Aviv.
She added that candidates are also asked if they were ever permitted to resign from a job because of allegations against them.
“For example, if you faced sexual or racial discrimination or harassment and you blew the whistle and in retaliation, somebody made a complaint against you that led to you resigning, that might be something that you have to disclose,” Mendelsohn Aviv said.
She added the process also requires candidates to disclose all minor contact with police and the criminal justice system, including items that didn’t reach a finding of guilt. Mendelsohn said this is asked, “despite the fact that Indigenous individuals, Black people, and other racialized and marginalized individuals are over-policed, racially-profiled and face unfair and overly harsh treatment within the system as a result of colonialism, racism and systemic discrimination.”
Mendelsohn Aviv described the good character process as discriminatory, intrusive, and a violation of privacy.
She said it creates unnecessary barriers to the legal profession, which disproportionately harms Indigenous people, Black people, and those in other marginalized groups, because they are over-policed, profiled, and discriminated against.
“This has an impact not only on diversity among lawyers, but also among prosecutors, legal academics, and judges who are setting policy and law,” Mendelsohn Aviv said.
Alyson Bear, from the Indigenous Bar Association, said Indigenous people are underrepresented in the legal profession, but overrepresented in the criminal justice system.
“Therefore that indicates this racial profiling that continues to happen,” she said.
Bear said to embrace truth and reconciliation, these types of issues need to be addressed, and that it’s important for Indigenous lawyers to be able to represent Indigenous clients because they can ensure they don’t get exploited.
The CCLA sent a brief to the Law Society of Manitoba regarding this call for change,
In a statement, the Law Society of Manitoba said as the regulator of the legal profession in Manitoba, it is their mandate to make sure the public is served by honourable, competent, and independent legal professionals, which includes the obligation to ensure those who enter the profession are of good character.
“The Law Society also is committed to the principles of equity and diversity and we share the view that there is a need for greater diversity within the legal profession,” it said.
“We acknowledge having received the request from the Canadian Civil Liberties Association that we consider how our good character disclosures may disproportionately affect individuals from marginalized groups and we plan to give careful consideration to the request.”
The Law Society said it welcomes opportunities to reflect on its policies and find better ways of doing things, adding that it is committed to responding to the Truth and Reconciliation Commission’s calls to action.
The Law Society noted it is establishing an Indigenous Advisory Committee, which will guide its ongoing response to the calls to action and address the needs of Indigenous people within its regulatory process.
“The Law Society is committed as well to engaging with lawyers and students from other racialized and marginalized groups in Manitoba as we balance our mandate to protect the public interest with our commitment to achieve greater equity and diversity within the legal profession,” it said.
