Articles 2023

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OBA Civil Litigation Section Insider: Unconscious Bias

OBA Civil Litigation Section Insider: Unconscious Bias

  • May 11, 2023
  • Adil Abdulla

This issue attempts to raise awareness of unconscious bias, and to broaden the conversation about what it can include. It features interviews with lawyers Solomon McKenzie, Alicia Windsor and Nadia Zaman, as well as an anonymous interview and four anonymous stories, that provide real-life examples of unconscious bias and how it affects the targets and those not directly targeted. Finally, there is an article from FACL (BC) summarizing their extensive resources on unconscious bias.

Civil Litigation, Student Forum
photo of Solomon McKenzie

Interview with Solomon McKenzie

  • May 11, 2023

"Another pet peeve of mine, which comes up a lot in legal practice is the description of Black orators as 'surprisingly well-spoken' or 'articulate', I feel like I’ve been haunted by the word articulate my whole life. Every person who is saying these compliments is genuinely trying to be warm, but they’re part of a larger tapestry of behaviour over a lifetime."

Civil Litigation, Student Forum
photo of Nadia Zaman

Interview with Nadia Zaman

  • May 11, 2023

"I still remember a call I had with a potential new client during my earlier years as an employment lawyer. She called me to discuss her workplace situation and wanted to book a consultation with me. I listened to her, expressed that I was sorry to hear about her situation, and explained our process. She advised me that she was given the names of two individuals, and that she had reached out to the other person first as she thought he would be 'tougher' as a white, male lawyer."

Civil Litigation, Student Forum
photo of Alicia Windsor

Interview with Alicia Windsor

  • May 11, 2023
  • Interview conducted by Adil Abdulla and Crystal Park

"Also, a lot of internationally trained lawyers get 'compliments' like, 'You’re from country X? Your English is great.' And they’re from countries whose entire legal system and education system is in English. It’s these little reminders that you don’t belong and that you’ll never belong because you’re not one of us."

Civil Litigation, Student Forum

Interview with Anonymous

  • May 11, 2023

"[Unconscious bias] comes up in my day-to-day. For example, people assume that I am more mellow, more docile, under-spoken, or not very assertive, all because I am an Asian woman. So when I’m handling files where the lawyer on the other side is known for being abrasive or unreasonable, senior lawyers sometimes assume that I’m unable to stand my ground. And when I act as assertive as any other lawyer, I get called aggressive."

Civil Litigation, Student Forum

Anonymous Stories

  • May 11, 2023

"Anti-Indigenous bias is pervasive and particularly in Northern Ontario. For example, I remember being at the OCJ in Kapuskasing as an out of town Crown. I was standing at the podium and there was an accused being belligerent and badgering the registrar. I interrupted and told him to sit down and wait for his matter to be called on the list. As he walked away, he said, 'You send them to law school for free and they come back all uppity.'”

Civil Litigation, Student Forum

Additional Resources on Unconscious Bias

  • May 11, 2023
  • Sandy Lun & Fiona Wong, on behalf of the Federation of Asian Canadian Lawyers (British Columbia) Society

The Federation of Asian Canadian Lawyers (British Columbia) Society (FACL BC) is a diverse coalition of Asian Canadian legal professionals working to promote equity, justice, and opportunity for Asian Canadian legal professionals and the wider community. FACL BC has a long history of advocating for racialized lawyers and law students, and speaking out against unconscious bias. If you are interested in learning more about the subject, consider listening or watching the resources listed below.

Civil Litigation, Student Forum