By Andrea Menard, LLB, LLM (DR)
As we commemorate the third anniversary of the National Day for Truth and Reconciliation on September 30, 2023, let’s delve into our collective responsibilities—as lawyers and citizens—to reshape Alberta’s landscape through Indigenization, decolonization, and reconciliation by becoming authentic allies.
The Imperative of Truth and Reconciliation: For centuries, systemic discrimination against Indigenous Peoples in Canada has left untold stories of pain, marginalization, and cultural erosion. Although the Truth and Reconciliation Commission has shed light on these issues, the path to reconciliation remains a collective, ongoing effort. This journey necessitates active participation from every sector of society—especially the legal community.
The Role of the Legal Community: Lawyers wield a unique form of power: the ability to interpret and administer justice. However, our justice system bears the weight of a colonial past, disproportionately affecting Indigenous Peoples. As custodians of the law, we are obligated to decolonize this system and create an inclusive platform where Indigenous laws not only co-exist but also thrive alongside Western laws.
Indigenous Laws; More Than Just Symbolic: It is easy to tokenize Indigenous contributions to the Canadian legal system through superficial nods to traditional knowledge and cultural practices. Authentic inclusion demands more. We must study, respect, and integrate Indigenous laws into mainstream legal practices as a mandatory component of both the curriculum and practice.
Discrimination is Rampant; Silence is Complicity: Systemic discrimination is not merely a dark chapter in history books; it’s a present-day crisis requiring immediate attention. Lawyers are duty-bound to call out discrimination in legal policies, practices, and judgments. Acknowledging this systemic flaw is the first step towards reform.
Concrete Steps You Can Take:
1. Educate Yourself:
• Participate in courses that focus on Indigenous laws and the true history of Canada. Continue this educational journey and encourage others to do the same.
• Explore the Authentic Allyship Project (http://authenticallyship.ca), where academic partner Marc Bhalla and I guide you in becoming an authentic ally to Indigenous Peoples.
2. Incorporate Indigenization and Decolonization: Learn how to adopt an Indigenous-centric approach and decolonize the harmful everyday systems we often overlook.
3. Hire Indigenous Liaisons: Consult with Indigenous communities and organizations to guide you through the nuanced aspects of Indigenization without further harming Indigenous Peoples. Form long-term relationships that are based on reciprocity, respect, and relationality.
4. Be an Ally, Not a Saviour: Stand beside Indigenous communities. Listen, support, but do not overpower. Remember, reconciliation is a shared responsibility.
The National Day for Truth and Reconciliation is more than just a date on the calendar; it’s a call to action for each and every one of us. As we mourn the lives and tragedies that have unfolded, let’s commit ourselves to enacting lasting changes for a better future, starting today.
For questions, please contact Métis legal scholar Andrea Menard at ammenard@ualberta.ca or through the Authentic Allyship Project.
Donna Purcell, K.C., (aka Lady Justice) is a Central Alberta lawyer and Chief Innovation Officer with Donna Purcell QC Law. If you have legal questions, contact dpurcell@dpqclaw.com.