BarTalk December 2021 | Criminal Law

Page 4

FROM THE PRESIDENT CLARE JENNINGS

Having the Difficult Conversations

I

recently had the opportunity to watch the documentary “But I Look Like a Lawyer,” produced by the Federation of Asian-Canadian Lawyers (BC) Society. (If you haven’t seen it yet, please visit faclbc.ca/documentary — it’s powerful, moving and educational.) In addition to sharing historical and data-driven information, the documentary includes personal stories of racism experienced by AsianCanadian lawyers in law school, in their practices, and in court. It’s an important reminder of the continued racism — conscious or subconscious, overt or hidden — that permeates Canadian life and our legal systems. It reminded me of an experience I had recently at an Ethics PD session. One scenario involved an older male making an overtly sexist statement, and there was some general scoffing from the male participants about whether that still happened in this day and age. It’s understandable, on paper, it seems ridiculous. But one by one, all of the female attendees shared stories of experiences that were similarly sexist, similarly overt.

limited: I can’t truly imagine for myself an entire lifetime of experience that informs who we are now, how we experience the world now, how we react to the world now. We can’t define other people’s experiences. I can’t tell a person of colour that the way someone is interacting with them isn’t due to their race or ethnicity. Even if that’s not the intention, it can be the effect. I once had someone tell me that they experienced something I said as racist because it evoked a racist trope that I wasn’t aware of. My lack of knowledge, and lack of any intention to be racist, doesn’t change this person’s experience of it as racist.

These experiences were timely for me because they really grounded some fairly basic concepts I’ve been reflecting on recently.

We can’t know other people’s experiences. I don’t know what it is like to go through life in Canada as a man, as a person of colour, as a disabled person, or as a gender diverse person.

We can’t know other people’s experiences. I don’t know what it is like to go through life in Canada as a man, as a person of colour, as a disabled person, or as a gender diverse person. I can try and imagine myself in another person’s shoes — and I have a pretty vivid imagination — and that’s important for developing empathy. But it is functionally

I am reminded of the need to talk, to ask, and to listen. And to set aside our own egos and accept the experiences of other people. It’s not easy. Hearing a colleague I considered a friend tell me that they experienced something I said as racist was like a gut punch, a violation of who I try to be as a person. But I

4 BARTALK / DECEMBER 2021

still want to hear it. How can I change the impact I’m having on those around me without them telling me when I’m harming them? Good intentions don’t absolve us of responsibility for the actual impacts of the things we say and do. We need to close the divide between the people who say things like there’s no racism in British Columbia, and the statistics I found that said 43% of Asian Canadians experienced racism in British Columbia in 2020/21. Or that 71% of BIPOC residents of Victoria experienced racism between 2015 and 2020. Or that 82% of respondents to a 2017 survey who identified as visible minority had experienced or witnessed racism. It doesn’t matter whether I would have identified all of these experiences as racism. Our fight is not about whether racism exists in Canada, or British Columbia, or our profession. Our fight is to have those difficult conversations, to confront our own thoughts and behaviours, and to make change. In the words of Nigerian-American writer Ijoema Oluo, “The beauty of anti-racism is that you don’t have to pretend to be free of racism to be anti-racist. Antiracism is the commitment to fight racism wherever you find it, including in yourself.”

Clare Jennings

president@cbabc.org


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Articles inside

Annual Report and CLBC’s 30th Location

2min
page 33

BarMoves

3min
pages 34-36

I’m Not a Miracle Worker. I’m a Janitor

3min
page 31

So what technologies are out there for a criminal lawyer to run their practices?

2min
page 29

Tackling Racial Disparities in Legal Education

3min
page 24

Commercial Crime

3min
page 25

Cannabis in Canada

6min
pages 22-23

Calls to Decriminalize Simple Drug Possession Expand as Overdose Epidemic Worsens

3min
page 21

The Secret to Getting Engaged

3min
page 20

Professional Development

1min
page 19

Gladue Principles and Indigenous Identity

3min
page 14

Making Settlement Conferences Work for Unrepresented Litigants

3min
page 18

Elder Abuse and Neglect

3min
page 17

Indigenous Children, Youth, and Family Identity

2min
pages 15-16

Failure to Obey Court Orders

3min
page 13

Advocacy in Action

2min
page 9

Learning to Unlearn

3min
page 5

Transformative Justice and Gender-Based Violence

3min
page 8

Working With Your Regulator While Police Watch

3min
page 7

Having the Difficult Conversations

3min
page 4

One Size Does Not Fit All

3min
page 12

Defending White-Collar Crime Cases

3min
pages 10-11

Imprisonment, Truth, and Reconciliation

3min
page 6
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