In the words of Chief Justice Wagner, "All Canadians should be able to see themselves reflected in their justice system. Justice should not make a person feel like an outsider or an 'other' when they confront it." This is currently not the case. For example, 28.8% of BC’s population are a visible minority, but only 16.15% of lawyers in the BC Bar are a visible minority. Canadian courts will never be true courts of justice until we have diversity in the legal profession. In other words, without equal representation, not all British Columbians’ voices will be heard. This is why it is imperative that we increase diversity in the legal profession.
Now, people could say that “you can't control what demographics of people become lawyers,” but that is just an excuse not to try. To start, the whole process of becoming a lawyer presents a lot of difficulties for people of marginalized groups. There are long-standing systemic, physical, and attitudinal barriers. Law school is expensive and exclusive. For first generation learners it can be very hard to attend, even if they are more than qualified. Universities are also not always accessible for disabled students. The University in my city is known for its abundance of stairs, meaning it is not very accessible. There are two reasons why this profession lacks diversity. The first reason is the abundance of barriers appearing early on in the process of becoming a lawyer. The second reason is what happens after becoming a lawyer.
Let's say that a person of a minority group has made it into the Bar - the barriers don’t stop there. Instead, people of a minority group now face an even bigger challenge: constant discrimination.
I have read many stories of Indigenous women lawyers going into the Barristers lounge and being asked to leave. There are also many stories of female Indigenous lawyers being told by guards that they need to step back from the Bar because it is “only for lawyers''. Some of these people confronting the lawyers think they are confused and are trying to be friendly. Other times, they are very hostile, but all of these instances stem from the same root issue: racism and prejudice.
Racism and prejudice can also be seen in counsel-client interactions. An Indigenous female lawyer was assigned to represent a client at a bail hearing. This client was Caucasian. The client got so mad about her being indigenous that the Sheriff ended up coming into the room to make sure she was alright and not in danger. All of these instances of macro- and microaggressions add up to a massive obstacle that this profession, and our country, will have to fully commit to overcoming.
Bringing it back to the question at hand: “How do considerations of diversity and inclusion impact what is “fair” within the Canadian legal system?” Diversity and inclusion will make the legal system more fair by dismantling negative stereotypes and breaking down personal and institutional biases. Diversity in the legal system opens the door for innovation and equality in the administration of justice to make our system even stronger.
Creating a diverse and inclusive legal system won’t be easy, but the end product will be well worth the time and effort. As Canada’s population becomes more diverse, so too must the legal sector. Everyone involved will have to set aside their biases and open their minds to new viewpoints and new experiences. Fostering diversity within this profession will teach people the skills necessary to communicate and interact with communities and cultures that have been unfamiliar to them in the past. This deeper understanding will encourage everyone involved in the legal process to be more respectful, unbiased, and impartial towards people of other cultures and races.
Diversity means more than just surface level diversity, it means moving past easily measurable differences and creating deep level diversity. Deep level diversity can only be accomplished by having meaningful interactions with colleagues. It focuses on personal beliefs, values, and attitudes, more than what meets the eye. Shifting from surface to deep level diversity reduces prejudice and conflict; it also improves social integration. When all people feel included and valued, the best work is always done. It is up to us to start, and continue, to make positive changes in the profession.
Then, and only then, can we truly have justice in our legal system.
Author: Alissa Morris
Biography: Alissa Morris is currently a Grade 12 student at Dover Bay Secondary School in Nanaimo, British Columbia. She is a competitive dancer and sailor. She is also a sailing instructor at the Nanaimo Yacht Club during the summer. Some of Alissa’s hobbies include reading, doing embroidery, baking, and watching movies. Alissa is the co-Vice President of her school's Model United Nations Club and a part of her dance team’s leadership program, the Prism Mentorship Program.
Works Cited
“But I Was Wearing A Suit (Part I and II).” The Continuing Legal Education Society of
British Columbia But I Was Wearing A Suit Part I and II Comments,
https://www.cle.bc.ca/butiwaswearingasuit.
“Demographics of the Legal Profession.” Demographics of the Legal Profession | The Law
Society of British Columbia, https://www.lawsociety.bc.ca/our-initiatives/equity-and-
diversity-centre/demographics-of-the-legal-profession/.
“Equity and Diversity Centre.” Equity and Diversity Centre | The Law Society of British
Columbia, https://www.lawsociety.bc.ca/our-initiatives/equity-and-diversity/.
“Indigenous Lawyers Speak out about Bias, Racism at Work | CBC News.” CBCnews,
CBC/Radio Canada, 5 Dec. 2017, https://www.cbc.ca/news/indigenous/indigenous-
lawyers-bias-racism-court-1.4433772.
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