Embedding UNDRIP Principles Within Law Firm Governance, Culture, and Practice
Internal alignment with UNDRIP requires law firms to move beyond awareness toward sustained, structural implementation. This section outlines practical steps law firms can take to ensure that their internal policies, workplace culture, and governance structures are consistent with UNDRIP and Canada’s UNDRIP Act.
Adopt an UNDRIP-Aligned Policy Statement
Law firms should adopt a formal policy statement affirming their commitment to UNDRIP as the minimum standard for the survival, dignity, and well-being of Indigenous Peoples.
An effective policy statement should:
- Acknowledge that UNDRIP applies in the Canadian legal context and informs legal practice.
- Commit the firm to upholding UNDRIP principles, particularly in areas such as Indigenous rights, land claims, consultation, consent, and governance.
- Apply both internally (employees, students, staff) and externally (clients, communities, professional relationships).
Firms are encouraged to:
- Engage an Indigenous lawyer, consultant, or Knowledge Holder to co-develop a policy specific to the firm; or
- Draft a policy internally and seek review and guidance from Indigenous legal professionals or Elders.
Align Firm Policies with Canada’s UNDRIP Act (Bill C-15)
Canada’s UNDRIP Act affirms that federal laws must be consistent with UNDRIP. Law firms should ensure their internal policies reflect this legislative and human rights framework.
Key areas for alignment include:
Cultural and Ceremonial Practices
- Ensure Indigenous employees are able to smudge and engage in cultural practices within the workplace as needed. Smudging is a protected Indigenous spiritual practice and should be accommodated without undue barriers.
- Outdated requirements (such as disabling smoke alarms or notifying emergency services) should be reviewed and replaced with current, respectful accommodation practices consistent with modern building and workplace standards.
Indigenous Employee Gathering and Support
- Provide time, space, and modest funding for an internal First Nations, Inuit, and Métis (FNIM) circle or employee group.
- Enable Indigenous employees (lawyers, students, and staff) to gather during work hours for cultural connection and mutual support.
- Examples include monthly or quarterly cultural gatherings such as beading circles or sharing circles, with materials and space supported by the firm.
Establish Indigenous Advisory and Elder-Based Guidance Structures
Meaningful alignment with UNDRIP benefits from ongoing Indigenous-led guidance.
Indigenous Advisory Group or Council
- Establish an Indigenous Advisory Group, Council, or Committee composed of Indigenous individuals who are not employees or clients of the firm.
- The group should reflect diversity across First Nations (Status and non-Status), Inuit, Métis, and Two-Spirit peoples, and ideally include representatives from local Indigenous communities.
- The role of this group is to provide ongoing advice on firm policies, practices, and decisions affecting Indigenous Peoples and UNDRIP alignment.
Elders Council or Elder Relationships
- Where possible, establish an Elders Council of at least three Elders to advise on significant firm matters.
- Consultation with Elders should not be limited to Indigenous-specific issues; Elders bring insight that can benefit governance, ethics, leadership, and conflict resolution more broadly.
- Elders should be compensated respectfully through honoraria and supported with appropriate meeting space and food.
If a formal Elders Council is not feasible:
- Develop relationships with local Elders who can be invited to key gatherings, cultural moments, or to assist with workplace conflict resolution.
- Managers and HR professionals should be aware of at least one trusted Elder who is familiar with the firm and available as a neutral support for Indigenous and non-Indigenous employees during difficult or sensitive situations.
Indigenous Hiring, Retention, and Workplace Accommodation
Internal UNDRIP alignment requires intentional approaches to Indigenous recruitment, retention, and professional development. In addition to guidance in Sections 3.1 and 3.2 of this legal companion guide, law firms should ensure their internal policies clearly address the following:
Making UNDRIP knowledge mandatory.
Recruitment and Retention
- Actively recruit Indigenous lawyers, paralegals, students, and staff.
- Provide structured mentorship opportunities for Indigenous law students and early-career professionals.
Indigenous-Specific Workplace Rights Recognition
Firms should proactively inform Indigenous candidates and employees of available accommodations, including:
- Remote or hybrid work options for individuals living on-reserve, in remote regions, or fly-in communities.
- Paid leave on June 21, National Indigenous Peoples Day.
- Recognition of Indigenous Veterans Day on November 8, particularly where the firm observes Remembrance Day on November 11.
- In addition to standard leave entitlements, provide at least five paid ceremonial days per year to support participation in traditional ceremonies. This practice is common within Indigenous-led organizations and reflects respect for Indigenous cultural and spiritual obligations.
Engage in Indigenous Awareness Training
- Require that employees undergo training on Indigenous legal traditions, history, and rights.
- Educate employees on the Truth and Reconciliation Commission (TRC) Calls to Action, particularly Call to Action #27, which calls for mandatory Indigenous cultural competency training for lawyers in provinces where there is no law society-required training.
- Where possible, partner with law schools to develop Indigenous land-based learning opportunities specific for your firm to attend. Some Ontario law schools that have existing land-based learning courses include the Henry Jackman Faculty of Law at the University of Toronto, Windsor Law and Osgoode Hall Law school.
- Ensure all employees are aware of the legacy of Residential Schools and become aware of the concept of “trauma-informed lawyering” and are competent to practice using a trauma informed approach.
- For example, given the awareness of atrocities at Indian Residential Schools, a trauma-informed lawyer will know not to approach their Indigenous client quietly from behind and will take other precautions not to startle their client.
- A trauma-informed lawyer will also know how to delicately alert the court to traumatic information about their Indigenous client without re-traumatizing their client in court. For example, “I don’t intend to repeat this in court, so I ask Your Honour to please turn to page 60 of the report and take note of the incident detailed at the second half of the page.” The report will form part of the record so there is no need to repeat the details in open court.