Like so many other professions in Canada, diversity and inclusion in hiring and training remains a challenge. And as Canada’s population increasingly diversifies, it is more critical than ever to address the need for more representation from BIPOC (Black, Indigenous, and People of Colour) communities.
Why is it so important to have diversity in the legal profession? The reasons are simple in some ways, and yet so complex in others due to the systemic issues that lead to a lack of diversity in the first place. Canada’s colonial roots, for example, have largely ensured that the legal system maintained existing hierarchies of power.
What are the Current Equity Challenges of Canada’s Legal Profession?
Canada is known around the world for its multicultural society, with people coming from all over the world to settle in the country and become citizens. Despite its diverse demographic make-up, many recent statistics indicate that Indigenous people, women, members of the LGBTQ+ community, and racialized people are underrepresented in many areas of the legal profession.
Lawyers with Indigenous backgrounds, for example, routinely face systemic barriers, limited access to mentorship, and have a complex connection with the Canadian legal system because of its deeply rooted foundations in colonial, Euro-centric values.
While women have made much progress in law and comprise nearly half of all Canadian lawyers, they are seldom represented in positions of power such as partnerships and judiciary appointments.
Women belong in all places where decisions are being made. It shouldn't be that women are the exception.
Ruth Bader Ginsburg, 2009
The culture of the workplace in legal professions are often missing initiatives or processes to amplify and center diverse voices. In many ways, the workplace culture still upholds norms that exclude and marginalize people with diverse backgrounds.
Why is Diversity and Inclusion so Important in the Legal Profession?
As Canada has become increasingly multicultural and communities demand more equitable systems of justice, the reasons for diversity in the legal profession are clear.
First of all, it is essential for the legal system to reflect the communities it serves to so that people feel represented and heard. Secondly, having diversity in the legal profession ensures that the the field is enriched by the unique knowledge that comes from lived experiences of people with different intersected identities. Finally, seeing diversity in the legal system builds public confidence in the justice system, so they feel they will be served fairly and equitably.
Next, we will unpack the reasons inclusion and diversity is important to the legal profession in Canada. Finally, we will identify some of the groups and organizations working to make the legal profession a more equitable workplace for individuals of all different backgrounds and lived experiences.
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Top Reasons Diversity is so Important for the Legal Profession
Diversity Ensures the Public Feels Represented and Heard
It is essential for the legal system to have the faith and trust of the community so they believe their interests are being served. Communities that are underrepresented in the legal system often face systemic barriers in accessing justice.
In Canada, Black and Indigenous people have been historically overrepresented in the federal correctional system, which has led to mistrust in the legal system and policing in the community.
Hiring practices that create a more diverse legal profession will help to build better connections to communities. When young people see themselves represented in positions of authority in the legal system, they may be more motivated to train and work in the field. Having diverse professionals, particularly lawyers, can ensure that more members of the community have access to advocacy and justice.
While a more diverse legal profession may help to build trust with the underserved communities, it is important to keep in mind that it is one small step toward dismantling systemic barriers that continue to negatively impact marginalized individuals. Systemic inequalities must also be mitigated by changes in policy that provide checks and balances against biases that stem from racist or prejudiced worldviews.
According to the Law Society of British Columbia, diversity in the legal profession is increasing slowly. In 2019, 2.7% of lawyers identified as Indigenous, Aboriginal, First Nations, Metis, or Inuit, compared to 30% in 2023. In the same time frame, the number of lawyers identifying as racialized/person of colour increased from 16.4% (2019) to 20.5% (2023).
Diversity Enriches the Legal Field with a Variety of Perspectives and Knowledge
Diversity among legal professionals helps the justice system to better understand the people it serves. When lawyers, judges, paralegals, and other legal professionals come from the same communities it serves, it is more likely that justice will be administered fairly.
Knowledge encompasses so much more than degrees and qualifications earned in universities and colleges. It also includes the insights and understandings gained from experiencing the world from a particular viewpoint.
In the context of the law, diversity in the workplace helps to reduce unconscious biases against racialized and marginalized individuals. Legal professionals are more likely to to make more empathetic and informed decisions.
Diversity also brings a variety of perspectives to decision making, which results in more nuanced arguments and fulsome legal solutions. Different perspectives help to innovate legal practices by enabling new approaches that would likely not have been introduced by maintaining the status quo.
AI-powered tools and technology are improving access to the legal system for underserved communities by offering low-cost or free resources like document generation and virtual consultations.
Diversity Builds Confidence in the Legal System
Historically, the legal system in Canada has perpetuated systemic inequalities, which has led to a loss of confidence from various community groups. The overrepresentation of Black and Indigenous people in incarceration rates is just one example of such disparities.
A diverse legal system is better equipped to dismantle oppressive practices, which contributes to a fairer administration of justice and also helps to build trust in the legal system.
When the legal system is perceived to be fair and impartial by all community groups, the rule of law is strengthened. When it lacks diversity, the perception of fairness is undermined, while a diverse legal profession reinforces the principle that justice is for the entire society.
Organizational Initiatives Encouraging Diversity and Inclusion Canada in the Legal System
Multiple Canadian organizations have initiatives in place to support more diversity in hiring practices in the legal system. Thanks to organizations like these, the issues around diversity and inclusion are being pushed to the forefront of the profession. Here is a summary of the groups making changes to the legal profession today.
The CBA offers tools and professional development opportunities for facilitating diversity and inclusion in law firms. Their site states a clear commitment to diversity and inclusion in the operational policy.
FACL is a group made up of Asian Canadian legal professionals and law students. They promote social justice and inclusion with other equity-seeking groups, support professional and community development, and provide career support.
The IBA is a professional network and support for Indigenous lawyers and law students. They host an annual conference, promote the advancement of legal and social justice for Indigenous people, and foster awareness of social issues impacting Indigenous communities.
BLAC is an organization that addresses systemic anti-Black racism, providing free legal services, engaging in research projects, and developing public legal education resources.
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Summing it Up
Diversity in the legal profession benefits the entirety of Canadian society. It is essential that people of all backgrounds feel they are represented and heard, that the legal profession is enriched by the unique knowledge and insights from a wider variety of individuals, and that people have confidence in the legal system.
If you are considering a career in the legal profession and are passionate about diversity and inclusion, there has never been a better time to contribute. Consider seeking equity-focused Juris Doctor or Masters programs where you can enrich your lawyer training with educators and students who are similarly focused.
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