Thoughts on Joint Professionalism Training and anti-racism in the legal profession
When I first began thinking about applying to law schools, the University of Toronto was not on my radar. In fact, none of the people that I knew applying in the same application cycle were interested in U of T. While U of T Law is considered the best law school in Canada by many, it also has a reputation for being less diverse than other schools. When choosing a law school, it was important for me to feel welcome and comfortable in the space that I would be immersed in for the next three years. To put it bluntly, I did not want to be the only Black person in my classes.
Obviously, I had a change of heart and do not regret my decision to join the class of 2023. I am grateful to my father, who would not take no for an answer when he discovered that I was not going to apply. He gave me advice that I carry with me every day, “If you want to make change in the world, put yourself in the best position to do so. Work from inside, learn the skills and expertise you need, and then do with that what you will.” Upon arrival I was delighted to see a significantly more diverse student body than I had anticipated. Furthermore, the most passionate allies I have ever met are those I have encountered during my short time as a 1L. The substantive content of my classes has been lacking in addressing the way race, gender, sexuality, and gender identity interact with the legal system, but I started this new semester with more hope than disappointment in my heart. That changed after the most recent Joint Professionalism Training (JPT) session on January 20.
JPT is not all bad, but to say that it is enough is a gross misrepresentation of the obstacles the legal system continues to face in eradicating the disproportionate oppression of marginalized groups in society. During the most recent JPT session titled Critical Race Theory: Racism in Society and the Justice Sector, Assistant Dean Sara Faherty made a comment that I, and many others, found incredibly unnerving, especially given her position of power in the law school’s administrative structure. Jodie Glean-Mitchell, the session’s facilitator and Director of Anti-Racism and Cultural Diversity at U of T, asked participants for examples of intersectionality in the Black Lives Matter movement. Faherty responded with “how about African American cops’ roles?” The comment itself is ambiguous. What about Black police officers that are part of the BLM movement? What about Black police officers who engage in police brutality? What about Black people who perpetuate violence against other Black people? I was unaware that being a police officer was an identity.
Naturally, several students participating in the session hoped for an explanation, going so far as to request clarification in the Zoom chat. Unfortunately, Assistant Dean Faherty failed to respond. After the session I went straight to class, and even though I should have been thinking about criminal law, my mind was elsewhere. After much reflection and discussion with my peers, I realized I was most concerned with the Assistant Dean’s refusal to engage in any dialogue whatsoever. What could have been a teachable moment took a turn for the worse, but it did not have to. What should have been a safe space for discussion, learning, unlearning, and growth quickly became one of outrage and resentment.
No one wants to be in a space that does not embrace, accept, and fight for who they are. As someone who was worried about deeply entrenched institutional bias at U of T, I have found the student body to be full of allies, activists, and most importantly friends. But, as one of the top law schools in the country, the University of Toronto Faculty of Law has a duty to ensure that its faculty consists of more than just academic powerhouses. JPT is a start, but as a woman of colour that is part of the JD program, I demand more.
Mandatory lunch time JPT sessions reinforce the sentiment that working towards anti-racism in the legal profession is an afterthought to the administration. Dedicating a separate space for these discussions implies that it is merely a professional obligation and not an inherent duty when educating future agents in the legal system. Working towards dismantling systemic racism and oppression in law should be more than just a concern in the context of professionalism; it should be addressed in every course, by every professor. All faculty members should be learning, unlearning, and growing alongside students. I in no way want to discredit members of the Faculty who make a concerted effort to integrate anti-racist and anti-colonial practices in their courses, but they should be the norm at U of T, not outliers. I am ready to see meaningful and substantive change, and I am certain I am not the only one.
