LawCast BC

Ahead of the National Day for Truth and Reconciliation, we were honoured to speak with Hank Adam, an intergenerational residential school survivor speaker with the Orange Shirt Society. The Orange Shirt Society was formed in 2015 to create awareness of the individual, family and community intergenerational impacts of residential schools, to support reconciliation and to promote the truth that every child matters.

In this episode, Hank Adam shares his story to raise awareness of the impact of Canada's residential schools and the painful legacy they have left behind, as well as suggestions for how the legal profession can advance Truth and Reconciliation.

Please note this episode contains references to violence. Residential school survivors and their families who need help can call the National Indian Residential School Crisis Hotline at 866.925.4419 for emotional crisis referral services and information on other health supports from the Government of Canada. Indigenous peoples across Canada can also go to The Hope for Wellness Help Line 24 hours a day, 7 days a week for counselling and crisis intervention. Call the toll-free Help Line at 1.855.242.3310 or connect to the online chat at hopeforwellness.ca.

For resources on Truth and Reconciliation, visit the National Centre for Truth and Reconciliation’s website at nctr.ca. 

Generative Artificial Intelligence (AI) tools such as Chat GPT continue to make headlines. Numerous industries, including the legal one, are already feeling the impacts and implications of AI, as well as exploring its potential.

We have invited guest speakers Jon Festinger, KC and Robert Diab to chat about the ways that AI has been used to help practice law, the risks in using AI tools and how AI could potentially change how people access legal services. Jon and Robert are working on putting a course together on AI, Law and Justice, which will be taught by them next year at Thompson Rivers University.

Jon Festinger, KC is a Vancouver based counsel and educator. As an Adjunct Professor at UBC’s Allard School of Law, he has taught a wide variety of law courses relating to intellectual property, media and communications, and business for more than 30 years. He also teaches at Thompson Rivers University. Jon practices law as Of Counsel at the law firm of Chandler, Fogden, Lyman.

Robert Diab is a professor at Thompson Rivers University’s Faculty of Law. He writes about constitutional and human rights, and topics in law and technology. This includes work on privacy, encryption, and AI, and on powers of detention, search, and public order policing. Prior to teaching at TRU, Robert practiced criminal and administrative law in Vancouver.

We encourage lawyers to read the Law Society's Guidance on Professional Responsibility and Generative AI to help them consider the use of generative artificial intelligence (AI) tools in their legal practice. The guide is focused on the use of AI tools powered by large language models that can create new content or data based off of the data it was trained on, such as Open AI’s ChatGPT-4 or Google’s Bard. 

Discrimination and harassment, including sexual harassment, in the workplace are serious problems in society, and the legal profession is not immune to it. As the regulatory body for lawyers, the Law Society has an important role in ensuring lawyers do not engage in harassing or discriminatory behaviors. 

In the latest episode of LawCast BC, Sarah Sharp, Equity Advisor at the Law Society speaks about her role in supporting those who have experienced or witnessed harassment, discrimination and bullying in the legal profession. She addresses challenges faced by those who experience or witness this harmful behaviour, including retaliation, and outlines the supports and resources available. She also speaks to recent expansions to sections of the BC Code on discrimination and harassment.

Given the nature of this topic, the situations and content covered in this podcast may be triggering for some listeners. Please take care when listening.

Lawyers, articled students, law students and support staff of legal employers who have a concern or a question are encouraged to contact the Equity Advisor at [email protected] or 604.605.5303.

Here are some resources mentioned in this episode: 

• Section 6.3 of the Code of Professional Conduct for British Columbia on harassment and discrimination
• Information about the Equity Advisor, including contact information
• Advice Decision-Making Assistant on Law Society of BC's website
• Lawyer Well-Being Hub on Law Society of BC's website
• Complaints about Sexual Misconduct, Harassment or Discrimination on Law Society of BC's website
• Us Too? Bullying and Sexual Harassment in the Legal Profession study and report by the International Bar Association
• National Study on the Psychological Health Determinants of Legal Professionals in Canada
• Guidance for Lawyers on Using Inclusive Language provided by Law Society of BC
• Mental Health Forum for Legal Professionals – Part 2, originally presented on February 6, 2024
• Rule of Law Matters podcast episode: Season 1, Episode 14: Racism, equity, diversity and the rule of law
• LawCast BC podcast episode: When lawyers need help: Navigating mental health resources

In this episode, we are going to talk about one of the most critical areas the Law Society is addressing – meaningful Indigenous reconciliation and cultural safety.

In July 2023, the Law Society's board of Benchers approved recommendations from the Indigenous Engagement in Regulatory Matters Task Force report, to remove systemic barriers experienced by Indigenous complainants and witnesses. Implementation of the task force’s recommendations is now underway.

Hear from Vicki George, Senior Advisor, Indigenous Engagement, who shares one component of her role that includes guiding the implementation of the Indigenous Engagement in Regulatory Matters Task Force’s recommendations. She also provides an introduction to the new role of the Law Society’s Indigenous Navigator, the importance of relationship building and the context that has informed the Law Society’s ongoing efforts and path toward reconciliation. 

Read the full report and recommendations of the Indigenous Engagement in Regulatory Matters Task Force.

A national survey was published last year on the state of legal professionals’ mental health. More than half of respondents in BC reported experiencing psychological distress and many of them said they did not seek help despite needing it.  

In this episode, we share information about one of the most pressing issues facing the legal profession – mental health. The Law Society is committed to supporting the mental wellness of lawyers and has taken a number of steps to increase access to resources and provide opportunities for connection and conversation. 

Learn about our new mental health and wellness resources in this discussion with Claire Marchant, Director of Policy & Practice Support, and Rose Morgan, UX & Content Strategist. We chat about the types of support available, reducing stigma and dispelling some common myths about accessing help.

To find out more about all of the services Claire and Rose mentioned in this episode, visit the Lawyer Well-Being Hub on the Law Society's website.

Other resources referred to this episode include:

• The Trauma-Informed Lawyer podcast
• The National Study on the Psychological Health Determinants of Legal Professionals in Canada: Phase I Report
• The National Study on the Health & Wellness Determinants of Legal Professionals in Canada: Executive Summary

Conservative Member of Parliament Michael Chong joins host Jon Festinger to talk about the government's use of "orders in council," legal secrecy and the unwritten rule of law on Parliament Hill. 

Michael Chong was first elected to Parliament in 2004 and represents the riding of Wellington-Halton Hills. He currently serves as Shadow Minister for Foreign Affairs for the Official Opposition.

He's previously served in the federal cabinet as President of the Queen’s Privy Council, Minister of Intergovernmental Affairs and Minister for Sport as well as serving as the chair of several House of Commons standing committees.

Renowned criminal defence lawyer Marie Henein joins host Jon Festinger to talk about the role of lawyers, what influenced her to be a lawyer, and current threats to democracy and the rule of law that are taking place around the world.

Marie Henein is a senior partner at Henein Hutchison LLP, recognized in Canadian Lawyer as one of the country’s Top Ten Litigation Boutiques. She has been interviewed on CBC’s The National, written for The Globe and Mail, and is a sought-after speaker. She recently released her memoir Nothing But the Truth, which weaves her personal story with her strongly held views on society’s most pressing issues, legal and otherwise.

Marie Henein will be speaking at the Law Society's Rule of Law Lecture on April 4, 2022. For information on the event and how to register, visit our website.

Is everyone equal before the law? In light of the recent surge in anti-Asian racist events in BC, we take this episode to examine how racism was built into our legal system, discrimination in the legal profession and how that impacts everyone.
 
Dr. Carol Liao joins Andrea Hilland, policy lawyer at the Law Society of BC, and host Jon Festinger for a roundtable chat on racism, equity, diversity and inclusion and the rule of law. Dr. Liao recently spoke about her experience as an Asian lawyer in the Federation of Asian Canadian Lawyer's documentary "But I Look Like a Lawyer."

Dr. Carol Liao is an associate professor at the Allard School of Law and the UBC Sauder Distinguished Scholar of the Dhillon Centre for Business Ethics at the Sauder School of Business. In 2021, Carol received the Influential Women in Business Award from Business in Vancouver and was named as one of Canada's Top 100 Most Powerful Women by the Women's Executive Network.

In this new episode, our host Jon Festinger and Michael Lucas, director of policy and planning at the Law Society, take a look back at the first season of Rule of Law Matters and the events that have transpired since the podcast launched in September.  They chatted about how this podcast began, whether the rule of law is a western concept that is applicable world wide, and recent threats to the rule of law in Hong Kong, Poland, Zimbabwe, the United Kingdom, and right here in Canada. 

If you want to know more about the rule of law, visit the Law Society's website at lawsociety.bc.ca. If you liked today's episode, please subscribe and leave us a review wherever you get your podcasts. If you have suggestions or comments, please send them to us at [email protected]. 

What exactly does a prosecutor do? And whose interests do they represent? Senior prosecutor Christopher McPherson, QC walks us through the role and duties of a prosecutor and the standards that must be met before prosecutors decide to lay a charge. We discuss the importance of prosecutorial independence,  their separation from the investigation and the police, and why prosecutors don't represent the government's or the victims interests. Chris highlights the relationship prosecutors have with criminal defense lawyers and how they also play a key role in the justice system. Lastly, Chris talks about the rare occurrences of wrongful convictions, how new evidence might be discovered and what recourses people have.

Christopher McPherson, QC has been a prosecutor for nearly 22 years and has prosecuted over 40 homicide cases.

If you want to learn more about the rule of law, visit the Law Society’s website at lawsociety.bc.ca. If you liked today’s episode, please subscribe and leave us a review, wherever you get your podcasts. If you have suggestions or comments, send us an email at [email protected]