Legal regulators play a fundamental role in shaping the composition and culture of the legal profession, and are uniquely positioned to progress equity, diversity and inclusion (EDI) initiatives.

Equitable access begins with inclusive law school admissions policies, where need-based scholarships, mentorship programs, and outreach efforts to underrepresented communities are encouraged. In licensing, legal regulators must ensure that examinations and requirements do not unintentionally perpetuate biases or create barriers for individuals from diverse backgrounds. Reviewing Bar examination processes to identify systemic hurdles that disproportionately affect certain groups and introducing alternative pathways to licensure that account for non-traditional educational backgrounds may be one way to do that.

Collecting and publicizing diversity statistics is part of the Law Society’s Diversity Action Plan. The data shows a small increase over the last five years in the percentage of B.C. lawyers who identify as part of a diverse group — 16.4% of respondents identified as racialized or a person of colour in 2019, compared to 20.5% in 2023.

According to the National Study on the Psychological Health Determinants of Legal Professionals in Canada, 66.6% of ethnicized legal professionals and 75.5% of LGBTQ2S+ legal professionals experience a moderate to significant amount of psychological distress. Data like this demonstrates a clear need for accessible mental health support and opportunities to connect, share and learn from one another.

Documentaries like “But I Look Like a Lawyer” and “But I Was Wearing a Suit” highlight the discrimination experienced by B.C.’s Pan-Asian and Indigenous legal communities, respectively. Making resources like these available through public screenings or as part of mandatory training is another step that legal regulators can take toward creating a safer, more inclusive profession.

Further, legal regulators must actively seek input from those affected by their policy decisions. For example, the Law Society’s Truth and Reconciliation Advisory Committee plays a critical role in advancing Reconciliation between Indigenous peoples and the legal profession, and advises on initiatives that promote inclusivity and support for Indigenous lawyers.

Diverse voices in the profession, its leadership, and on the Bench are also critical to ensure that the legal system reflects and responds to the needs of all members of society. Data from the Canadian Centre for Diversity and Inclusion’s research project, Diversity by the Numbers: The Legal Profession, shows that women and racialized lawyers are “strongly represented as articling students and associates, but that their numbers greatly reduce in partner and senior leader roles.”

In addition to making room for more diverse voices at the top, legal regulators have the power to make meaningful changes to the way law is practised. In July 2023, the section on discrimination and harassment in B.C.’s Code of Professional Conduct was significantly expanded to include a new rule on reprisals, and concrete examples of discrimination, harassment and bullying. The Law Society Rules were also amended in December 2023 to increase flexibility around leaving and returning to practice. Changes like these boost lawyer retention for those impacted and create a safer, more inclusive working environment for all.

Legal regulators should reflect the diversity they wish to see in the profession by actively recruiting individuals from diverse backgrounds into leadership positions and setting clear EDI goals for their own internal practices. By prioritizing diversity within their own ranks, legal regulators set a powerful example and inspire change across the legal landscape, strengthening the profession’s ability to serve society effectively and ensuring that the legal system truly reflects the diversity of the communities it serves. Sadly, in B.C., this objective is now at risk with the passing of the Legal Professions Act and its changes to board composition.

While progress has been made, we must demonstrate humility and understanding that there is always more to learn and more work to be done to support diversity in all of its forms.