fostering employment equity and diversity in the nova scotia legal
fostering employment equity and diversity in the nova scotia legal
fostering employment equity and diversity in the nova scotia legal
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FOSTERING EMPLOYMENT EQUITY AND DIVERSITY<br />
IN THE NOVA SCOTIA LEGAL PROFESSION<br />
INTRODUCTION<br />
The Prov<strong>in</strong>ce of Nova Scotia has, for many years, attempted, through a variety of means, to<br />
address issues of <strong>diversity</strong> <strong>and</strong> affirmative action. However, despite <strong>the</strong> lessons of history <strong>the</strong>re<br />
are still those who question <strong>the</strong> need for programs <strong>and</strong> policies that promote, encourage <strong>and</strong><br />
enforce equality. Even though significant advances have been made on many fronts Nova Scotia<br />
cont<strong>in</strong>ues to struggle with issues of <strong>in</strong>equality. As with many problems faced by society,<br />
acknowledg<strong>in</strong>g <strong>the</strong> existence of <strong>the</strong> problem is <strong>the</strong> first step towards develop<strong>in</strong>g solutions.<br />
History has clearly shown that ignor<strong>in</strong>g <strong>the</strong> problems or pretend<strong>in</strong>g <strong>the</strong>y do not exist has never<br />
served as a means of resolution. The historical patterns of exclusion <strong>and</strong> differential treatment<br />
serve as one of <strong>the</strong> most significant hurdles to capitaliz<strong>in</strong>g upon <strong>the</strong> strength of our grow<strong>in</strong>g<br />
<strong>diversity</strong>. The answer to <strong>the</strong> problem is not to be found <strong>in</strong> catchy phrases <strong>and</strong>/or wish<strong>in</strong>g for<br />
change. Private <strong>and</strong> public bus<strong>in</strong>esses <strong>and</strong> <strong>in</strong>stitutions must do more than simply state “we support<br />
equal opportunity”. The barriers will not be removed as a consequence of simple pronouncements<br />
or one-time cultural awareness programs.<br />
In Nova Scotia we need only look at our history to see that equal rights have never been provided<br />
voluntarily. Repeatedly, it has been shown that progress has only been achieved through<br />
enforcement mechanisms <strong>in</strong>clud<strong>in</strong>g legislation, regulatory requirements <strong>and</strong> judicial review. This<br />
has been reflected <strong>in</strong> all segments of society <strong>in</strong>clud<strong>in</strong>g education, hous<strong>in</strong>g <strong>and</strong> <strong>employment</strong>.<br />
Affirmative action <strong>and</strong> <strong>equity</strong> programs are not to be viewed as <strong>the</strong> panacea to correct all <strong>the</strong><br />
socio-economic problems of society. Unfortunately however, such programs are often represented<br />
as concerned exclusively with quotas or hav<strong>in</strong>g <strong>the</strong> result of lower<strong>in</strong>g st<strong>and</strong>ards by hir<strong>in</strong>g <strong>and</strong><br />
promot<strong>in</strong>g unqualified people. This position, however, has never been supported by reference to<br />
any specific laws, regulations or programs, that require an employer to lower st<strong>and</strong>ards or hire <strong>the</strong><br />
unqualified.<br />
Diversity <strong>in</strong>itiatives are required to meet <strong>the</strong> changes which are on <strong>the</strong> horizon for Nova Scotia.<br />
As <strong>the</strong> work force changes <strong>the</strong> pressure to accommodate different cultural values will <strong>in</strong>crease.<br />
The issues are complex <strong>and</strong> will <strong>in</strong>variably affect <strong>the</strong> entire workforce of Nova Scotia. This report,<br />
however, is concerned primarily with <strong>employment</strong> of <strong>in</strong>digenous Black <strong>and</strong> Mi’kmaq <strong>in</strong> <strong>the</strong> <strong>legal</strong><br />
profession.<br />
In February 1999, <strong>the</strong>n Premier, Russell MacLellan, announced <strong>the</strong> formation of <strong>the</strong> Employment<br />
Equity Guidel<strong>in</strong>es Committee to develop guidel<strong>in</strong>es to <strong>in</strong>crease <strong>the</strong> number of <strong>in</strong>digenous Black<br />
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