There’s a New Report on Systemic Discrimination in Nova Scotia’s Legal Community
A new report is out on systemic discrimination in Nova Scotia’s legal community.
The report, “Regaining Trust: The Ruck Report,” offers 21 recommendations for change. It was presented to and accepted by the Nova Scotia Barristers’ Society (the Society) earlier this week.
The Society first publicly acknowledged systemic discrimination in the Society and legal profession more broadly in 2021. An external review was then commissioned from Douglas Ruck, KC.
We read the full report so we could give you the key details.
This is what we found out about systemic discrimination in the legal community and how to change it.
the starting point
The report makes clear that there is already agreement that systemic discrimination exists in the Nova Scotia legal community. This is not up for debate.
Perhaps even more troubling is that this widely impacts access to justice in Nova Scotia by leading to wrongful convictions and unfair legal proceedings due to racism and racial bias.
The aim of the report is to lead a discussion on how to address anti-Black racism, which can then be expanded to all systemic discrimination.
Ultimately, the objective is to make Nova Scotia a more equitable, inclusive, and diverse place to work where everyone has access to justice.
the author
Douglas Ruck is an acclaimed Nova Scotia lawyer and adjudicator. He has served as the Chairman of the Nova Scotia Labour Board and the provincial Ombudsman.
Well-versed in labour relations and employment, human rights, occupational health and safety, civil litigation, and administrative law, Ruck is highly knowledgeable about the legal profession and justice system.
Ruck is also an African Nova Scotian, giving him a firsthand experience that he notes is “remarkably similar” to the hundreds of lawyers he interviewed in writing the report.
the interviews
Ruck interviewed 220 people while conducting research for the report, the majority of whom were lawyers.
Out of these interviews emerged five core truths:
Career success has been adversely affected by racism.
Outcomes in court are better for white lawyers or white clients.
Lawyers have left workplaces because of racist behaviour by leaders or colleagues.
Racism has an impact on mental health and overall career satisfaction.
Lawyers want to leave the profession or province.
the recommendations
Appoint Independent Implementation Lead — This lead will ensure the implementation of all the report’s recommendations.
Require Mandatory Training and Resources on Systemic Discrimination - This will include trauma-informed professional development resources, education, and training; a racial equity survey report; resources for law firms; accredited programs; and mandatory ongoing DEIA training.
Review and Modernize Anti-Discrimination Policies and Regulations — This review will lead to a rewriting of policies, practices, and guidelines to ensure they prohibit all forms of discrimination.
Establish Reporting and Investigation System Including Whistleblower Safeguards and Representation from Equity Deserving Communities — This system will ensure individuals are able to issue complaints about racism via safe methods.
Collect, Analyze and Share Discrimination Related Data — These statistics will allow for the identification of patterns of systemic discrimination or disparities.
Implement Access Accommodation Policy — This policy will ensure individuals with disabilities have equal access to employment, promotions, services, and facilities.
Strengthen Disciplinary Aspects of Harassment and Discrimination Policies — These revisions will ensure that the policies are enforceable and therefore effective.
Revise Code of Professional Conduct — Systemic discrimination and reprisal must be identified as breaches of professional ethics with consequences.
Establish Diversity Recruitment and Mentorship Programs — These programs will allow for the promotion of underrepresented groups in legal professions.
Ensure Diverse Representation in Leadership — The promotion of diverse representation will ensure equity-deserving groups’ voices are heard.
Provide Resources for Victims of Discrimination — Meaningful support systems wil l be available for those experiencing discrimination.
Require Collaboration with Equity-Deserving Groups — This will entail creating formal platforms to communicate with relevant community organizations and advocacy groups to address systemic discrimination more widely.
Revise Council Succession Plan to Ensure Diversity — This will ensure diversity in membership and leadership with representation across equity-deserving groups.
Safeguard and Support Equity-Deserving Members of Council — These mechanisms will support individuals bringing diversity to the leadership table.
Ensure Religion and Spirituality Accommodation — This will halt scheduling mandatory events on major religious holidays or observances and allow for mindfulness of time of day, dietary requirements, and daily prayer rituals.
Conduct Periodic 360-Degree Council Reviews — Regular reviews will assess effectiveness, inclusiveness, and opportunities for modernization.
Require Accountability for Firms Supporting Discriminatory Practices — Clear policies will hold law firms accountable for concealing or supporting discriminatory practices.
Foster a Cultural Shift in Practice Expectations — Embracing diversity and practising inclusivity must become the norm where respectful workplace rules are enforced.
Bring Substantive Change to Society Governance and Regulations — An extensive revision of the Society’s governance and regulations must be undertaken to ensure these recommendations are actionable.
Conduct Legislative Review to Address Systemic Barriers to Progress — A review of The Legal Profession Act must be conducted to dismantle institutional impediments to diversity and inclusion.
Ensure Ongoing Evaluation and Improvement — Regular check-ins and reviews are necessary, as is the defining of successful outcomes so they can be measured.
Nova Scotia’s legal community has a long way to go, but it’s good to see these important issues being addressed so a process of change can commence.
Lead Photo: Getty Images