HALIFAX — The governing council of the Nova Scotia Barristers’ Society has unanimously voted to accept the recommendations in a new report on how to better address systemic racism in the province’s legal community.
Released Tuesday, the report by lawyer and former provincial ombudsman Douglas Ruck says there is “real, centuries-long, and still prevalent” anti-Black racism and systemic discrimination in the legal system.
In an interview Wednesday, Ruck said the unanimous acceptance of his report by the legal society was “almost historical in (and) of itself.”
“It’s both a symbolic gesture, but even more perhaps … shows that they’re ready to move forward,” Ruck said.
The report focuses largely on the treatment of African Nova Scotians, but it says that addressing racism against that group can better equip the legal system to fight all forms of discrimination.
The barristers’ society, which regulates the legal profession in Nova Scotia, retained Ruck in 2021 to identify where systemic discrimination exists in its operations.
Ruck wrote in the report that the 2020 murder of George Floyd by Minneapolis police was the catalyst for renewed discussions of discrimination and racism in the legal profession.
He said the barristers society doesn't have a stellar history in addressing systemic discrimination. He mentioned the case of Donald Marshall Jr., a young Mi’kmaq man who was wrongfully convicted of murdering Sandy Seale in Sydney's Wentworth Park in May 1971. An inquiry later found that his conviction was the product of racism and incompetence in the legal community. Ruck said the case was an example of a time when the law society “squandered” opportunities for positive change.
“There are far too many lawyers this very day who have not heard of Donald Marshall … or do not appreciate the significance of what took place," Ruck said.
His report is based on interviews with more than 200 people — most of whom were lawyers — who spoke about their personal experiences and observations on racism in the legal system. Ruck said the stories shared in interviews were “sad, tragic, but not overly surprising.”
“Far too many have had the same experience as I had when I entered the practice of law in the early '80s,” Ruck said, adding that interviewees cited having their competencies challenged at the workplace and mentioned the prevalence of racist and misogynistic jokes.
The report identified trends among interviews: career success has been adversely affected by racism; outcomes in court have been better for white lawyers or white clients; lawyers have left workplaces because of racist behaviour by leaders or colleagues; racism has had an impact on mental health and career satisfaction; and lawyers want to leave the profession or province.
Its top recommendations include mandatory training on systemic discrimination, strengthened disciplinary action for harassment and discrimination cases, and the creation of a reporting system that protects whistleblowers.
This report by The Canadian Press was first published Oct. 30, 2024.
Cassidy McMackon, The Canadian Press
