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| Desneige Frandsen |
This raises concerns about the sustainability of public engagement with Indigenous issues and the reality of the past and ongoing treatment of Indigenous Peoples and communities throughout the country, highlighting a critical gap between recognition, responsibility and meaningful action. This gap continues to shape how reconciliation is understood and implemented. In the legal field, this underscores the need to move beyond reactive awareness and toward sustained, embedded practices of cultural humility and empathy that actively shape advocacy and client engagement.
There are roadmaps for how the legal field can fill this void, but these roadmaps need to be implemented in law schools, law firms and courthouses alike. The Calls to Action of the Truth and Reconciliation Commission of Canada (TRC) and the principles outlined in the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP) provide clear and actionable frameworks for moving beyond awareness toward meaningful change. Specifically, the TRC at Calls No. 27 and No. 28 implores the Federation of Law Societies of Canada and law schools to ensure that all current and future lawyers engage in appropriate training and courses on Indigenous Peoples, communities and the law through participating in cultural humility training and Aboriginal law courses.
Similarly, UNDRIP affirms the rights of Indigenous Peoples to “maintain and strengthen their distinct political, legal, economic, social and cultural institutions, while retaining their right to participate fully, if they so choose, in the political, economic, social and cultural life of the State.” This affirmation requires that legal professionals approach their work with a deeper level of understanding, respect and accountability. The TRC and UNDRIP together reinforce that reconciliation is not a symbolic gesture but is operational and tangible, requiring continuous reflection and implementation in everyday legal practice.
Embedding cultural humility and empathy into legal practice has a direct and meaningful impact on advocacy. Effective advocacy requires more than a strong understanding of legal principles; it requires a clear understanding of the client, their culture and community. For Indigenous clients, this often includes experiences shaped by intergenerational trauma, systemic discrimination and a complex relationship with legal institutions.
When lawyers take the time to understand these realities, they are better positioned to develop strategies that are not only legally sound, but also culturally responsive. This may involve adjusting communication styles, recognizing the importance of community and land-based considerations, or identifying alternative approaches that better align with a client’s values and goals. In this way, cultural humility strengthens advocacy by grounding it in both legal competence and human context.
The approach through the lens of cultural humility and empathy also plays a critical role in strengthening client relationships. Trust is foundational to effective legal representation, yet for many Indigenous individuals, trust in the legal system has been significantly eroded due to the residential schooling system, overrepresentation in criminal legal statistics and the ongoing negative impacts of the Indian Act. Embedding practices of cultural humility and empathy into legal practice creates space for more respectful, client-centred engagement, where individuals can feel heard, understood and supported. This is not about altering legal advice, but about how that advice is delivered and received. Taking the time to listen, being mindful of language and acknowledging the broader context of a client’s experience can significantly impact their willingness to engage in the legal process. Stronger relationships ultimately lead to more meaningful participation, better communication and more effective representation overall.
At a broader level, these practices, as highlighted in Supreme Court decisions such as R. v. Gladue, [1999] 1 S.C.R. 688 and R. v. Ipeelee, [2012] 1 S.C.R. 433, contribute to more equitable outcomes within the justice system. When legal professionals are equipped with a deeper understanding of systemic barriers and Indigenous perspectives, they are better positioned to identify and challenge inequities that may otherwise go unaddressed. This can include advocating for alternative processes, incorporating restorative or community-based approaches, or ensuring that legal arguments fully reflect the lived realities of Indigenous clients. While cultural humility alone cannot resolve systemic inequities, it is a necessary step in shifting how the legal system operates and who it serves. Over time, these individual shifts in practice contribute to a more inclusive and responsive justice system.
Importantly, moving from awareness to action requires intentional and ongoing engagement. One practical example of this is participation in programs such as the Cultural Humility and Empathy Training (CHET) offered by Level Justice, which are designed to provide legal professionals with both foundational knowledge and practical tools for implementing cultural humility and empathy practices into their work and everyday practice. Trainings like CHET go beyond theory, encouraging participants to reflect on their own assumptions, engage with Indigenous perspectives and consider how these insights can be practically applied.
By creating structured opportunities for learning and reflection within institutions and organizations, such as law firms, law schools and courthouses, initiatives like CHET support the integration of cultural humility into legal practice in a way that is both tangible and sustainable. This type of engagement reflects the kind of meaningful action contemplated by the TRC and UNDRIP, work that is continuous, practice-based and grounded in accountability and action.
Ultimately, advancing reconciliation within the legal profession requires a shift from momentary awareness to sustained, intentional practice. While public attention to Indigenous issues may rise and fall, the responsibility of legal professionals must remain constant and enduring. The frameworks set out by the TRC and the UNDRIP make it clear that meaningful change is both necessary and achievable. By embedding cultural humility and empathy into advocacy, client relationships and everyday legal practice, lawyers can play a direct role in rebuilding trust and promoting more equitable outcomes within the legal system. In this way, reconciliation moves beyond rhetoric and becomes a lived, ongoing commitment, one that closes the gap between recognition, responsibility and meaningful action through consistent, intentional legal practice embedded in everyday work.
Desneige Frandsen is a Métis lawyer, educator and advocate who works to advance access to justice through legal education, Indigenous youth programming, cultural humility and empathy training, and community-based work. Email: desneige@leveljustice.org.
The opinions expressed are those of the author(s) and do not necessarily reflect the views of the author’s firm, its clients, Law360 Canada, LexisNexis Canada, or any of its or their respective affiliates. This article is for general information purposes and is not intended to be and should not be taken as legal advice.
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