Law360 Canada (March 3, 2026, 2:50 PM EST) -- Law Society of Ontario (LSO) benchers have narrowly approved a mandatory Indigenous cultural competency course for all lawyers and paralegals, despite concerns it could lead to a repeat of the statement of principles drama that engulfed the law society several years ago.
The vote to approve was 26 to 23, with two abstentions. Treasurer Peter Wardle said the course will equip lawyers and paralegals with a “foundational understanding of the histories, cultures and rights of Indigenous Peoples” while helping to “remove barriers and build trust — key steps towards improving access to justice for First Nations, Inuit and Métis communities.”
“This new course is focused on enhancing the overall competence of licensees who are increasingly representing Indigenous clients and dealing with Indigenous legal issues in their practice — across all areas of law practice, including corporate and commercial matters, estates, civil litigation, administrative and regulatory work, criminal law, family law, child protection, housing and employment and interactions with government institutions,” he said.
Law Society of Ontario (LSO) treasurer Peter Wardle
The course will be mandatory for all lawyers and paralegals, and a component of their existing mandatory continuing professional development (CPD) requirement. It will be offered at no cost. Licensees will have two years to complete the course, with an additional year available for those required to complete the Foundations of Sole Practice program and those in other relevant circumstances.
But many benchers at the Feb. 26 convocation meeting, while supporting the aims of the program, raised concerns about its mandatory nature. Some suggested making it an optional pilot project for now, then revisiting it to assess uptake before deciding on next steps.
Bencher Quinn Ross said having mandatory cultural education in a polarized society “serves as a high-stakes, double-edged sword.”
“It is designed to foster inclusion, empathy and social cohesion, but it often intensifies existing divisions, creating a culture of fear or resentment perceived as forced ideological conformity,” he said. “While the course aims to educate on systemic injustices and promote understanding, it can be met with resistance from groups who feel their own values are being ignored. I don’t agree with that perspective, but I believe we do have to be alive to its potential impact.”
Ross — and several of his colleagues — raised the spectre of the
statement of principles drama that
divided the provincial legal community several years ago.
“The well-intentioned crafters of that process would never have imagined the response,” he said. “In already polarized environments, mandatory programs can lead to cultural wars within communities. If seen as a top-down imposition, it can create a politics of resentment rather than a genuine dialogue.”
But bencher Greg Monforton said he had a number of conversations with his colleagues that led him to believe the course should be mandatory.
“I’ve heard the concerns that mandatory education can sometimes turn into regulatory overreach and compelled orthodoxy — but if you look at the materials very carefully, this is not what is being proposed here,” he said. “We’re not mandating belief, or political or social conclusions — the aim of this course is to increase competence, and competence doesn’t threaten freedom of thought. It protects the public.”
A report with the implementation details will be brought to convocation for approval in April. The course will be available in both English and French, will take approximately six hours to complete and is anticipated to launch in spring 2026.
More details about the course can be found
here.
If you have any information, story ideas or news tips for Law360 Canada, please contact Ian Burns at Ian.Burns@lexisnexis.ca or call 905-415-5906.