BarTalk asked Mark and Bronwen the following questions:

1. Can you briefly describe your legal background and practices?

Mark: I’ve worked for over 25 years in several different legal workplaces, in private practice and in government. I am of mixed racial heritage, have served on diversity committees, and have presented on diversity issues.

Bronwen: I am a six-year call who has exclusively worked in private practice. Since being called to the Bar, I have co-chaired the Equity, Diversity and Inclusion (EDI) Committee for the CBABC’s Women Lawyers Forum, co-chaired the EDI Committee for the Vancouver Bar Association, and sat on the CBABC’s EDI Committee.

2. Beginning at the start of your practice to present, have you observed an evolution in the concept of diversity? Can you give an example?

Mark: Definitely. When I started, people rarely talked to me about diversity. When they did, it was to complain about affirmative action hiring policies. I put up with racist references to my background, because I had no job security.

In the last five years, there has been a renaissance in the profession’s approach to diversity. It has become commonplace for lawyers to give their preferred pronouns in all their communications. Practice directions have de-gendered the titles of judges and court staff. Initiatives to reconcile with Indigenous peoples have greatly contributed to embracing diversity overall. Half my heritage is from what is now referenced as “settler” culture, which I never considered before.

As an older lawyer who had to endure the “bad old days,” I check myself for what I might call “survivor syndrome.” Just because I survived discriminatory treatment doesn’t mean I should expect others to, or rationalize that it “builds character.” We often don’t consider the missed opportunities of people who didn’t apply for positions of leadership because their authentic self was not recognized.

Bronwen: While my tenure has been much more brief, I have also seen an evolution since the beginning of my career.

I remember being a student interviewing at firms, and each had their own talking points when it came to diversity and inclusion. But looking around, it was hard to see those values in practice.

In more recent years I’ve observed a shift beyond mere rhetoric to embracing diversity as a fundamental principle. There is an increasing number of law firms and legal organizations that are implementing tangible initiatives to foster inclusivity and equity. I’ve seen a growing emphasis on unconscious bias, mentorship programs for underrepresented groups, and the establishment of diversity committees. There is still a long way to go, but as a result of these concerted efforts, the legal profession is gradually becoming a more equitable and representative space.

I really like Mark’s comment that the profession has been experiencing a renaissance. Looking back on the events of the last few years, it makes sense. There was the international reckoning with the Me Too and Times Up movements. There was the tragic murder of George Floyd followed by the powerful protests amplifying the Black Lives Matter movement. These events, and many others, screamed for change.

So while the changes have been slow... they signal a welcome (and necessary) shift. Assuming this momentum is maintained, it is exciting to think about where we might be in another five or ten years.