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THE RUCK REPORT AND SYSTEMIC DISCRIMINATION IN NOVA SCOTIA

Nova Scotia Barristers' Society accepts recommendations for change

The Registrar staff

Nova Scotia has a rich judicial history. Distinguished lawyers and changemakers, including human rights activist Lee Cohen, Senators Wanda Thomas Bernard and Donald Oliver, and former Prime Minister Brian Mulroney, all graduated from Dalhousie Law School. Yet, alongside these achievements, Nova Scotia’s legal system carries the weight of historical and systemic inequities that have left generations-long scars.

The province has grappled with significant challenges in achieving justice and equity, exemplified by cases such as the wrongful conviction of Mi’kmaq man Donald Marshall Jr. While Dalhousie University’s landmark Indigenous Black and Mi’kmaq (IB&M) program was designed to address the underrepresentation of marginalized groups in the legal profession, Indigenous and Black lawyers remain noticeably underrepresented in the province’s law firms. Compounding this issue, then-Premier Russell MacLellan stirred controversy in the late 1990s by publicly questioning the preparedness of IBM program graduates for roles in major law firms. In 2021, the Nova Scotia Barristers' Society (NSBS) launched an investigation into systemic discrimination in the legal profession. The regulator appointed Douglas Ruck, K.C., a seasoned labour and human rights lawyer, to lead the review. Over the course of the investigation, Ruck interviewed more than 200 individuals who shared their experiences. The NSBS reported that the racial equity survey collected feedback from practising, non-practising, and retired members, as well as articling clerks, who identified as racialized, Mi’kmaq, Black, Indigenous, or of African Nova Scotian descent.

Ruck’s findings, published in October 2024 in Regaining Trust: The Ruck Report , paint a sobering picture of systemic racism that continues to impact career advancement, workplace inclusion, and access to justice in Nova Scotia.

Systemic discrimination in the legal profession

The Ruck Report reveals a troubling pattern of institutional and interpersonal biases in Nova Scotia’s legal system. Racialized lawyers—particularly African Nova Scotians—reported barriers that hindered their professional progress and created inequities in legal services. Ruck identified three key areas of concern:

Hiring and promotion practices: Many respondents said they were overlooked for opportunities due to implicit biases and the lack of diversity in leadership and mentorship roles.

Workplace dynamics: Racialized professionals frequently experienced microaggressions and isolation in predominantly white workplaces.

Complaint mechanisms: A significant number of participants expressed distrust in the Society’s complaint-handling processes, citing fears of retaliation or inaction.

“A recurring theme was the reluctance of individuals to come forward, believing their voices would not be heard or their complaints would lead to negative consequences,” Ruck stated in the report. “Racism in the legal profession isn’t always overt. It’s embedded in the policies, practices, and everyday interactions that disadvantage racialized lawyers and clients.”

Rebuilding trust through transparency

Despite decades-long challenges that face Nova Scotians of all communities, Ruck emphasized that transparency remains essential for rebuilding trust, both within the legal profession and with the public the NSBS is mandated to protect. This was a key competency raised in the report, with the 2020 murder of George Floyd drawing much attention to the inequities resulting from systemic discrimination of racialized and marginalized communities at the micro and macro levels in Canada and the United States.

“Transparency is not optional; it is the cornerstone of any regulator that seeks to earn the trust of the public,” Ruck wrote. “Without openness about how decisions are made and why, we risk perpetuating the very inequities we aim to eliminate.”

The report cautioned that without visible accountability, public confidence in the NSBS—and by extension, the legal profession—could erode. “The public relies on lawyers to be champions of justice, and when the body regulating those lawyers fails to uphold principles of equity and transparency, it sends the wrong message,” Ruck wrote.

Recommendations for meaningful change

The Ruck Report outlines 21 recommendations to address systemic barriers and foster lasting cultural change. Key proposals include:

1. Independent ombudsman: The creation of an impartial ombudsman to oversee complaints of discrimination and bias, ensuring grievances are addressed without fear of retaliation.

2. External reviews: Regular evaluations of NSBS policies and practices to identify and dismantle systemic barriers.

3. Enhanced complaint processes: Making the complaint process more accessible and protective for complainants.

4. Mandatory anti-racism training: Embedding equity and inclusion as core principles in the Society’s governance and operations.

5. Community engagement: Actively collaborating with underserved communities, particularly African Nova Scotians, to ensure reforms reflect lived experiences.

“The Society has an opportunity—and an obligation— to lead by example, demonstrating that meaningful change is possible when accountability and transparency are prioritized,” Ruck noted.

A call for action

The NSBS has publicly acknowledged the Ruck Report as a valuable tool to improve oversight and public trust.

Ruck views the report as a foundation for transformative change and while it may not resolve all issues, he expressed hope that it will encourage the legal community to refine strategies and achieve better outcomes.

“This report is not a panacea to eradicate all instances of systemic discrimination in the province, but it is much more than a starting point,” Ruck concluded. “It is a shining example of how the legal community can, and should, lead the way—to inspire everyone to take up the mantle as we move towards a future without racism.”

The Nova Scotia Barristers' Society declined requests from The Registrar to collaborate on this article and did not provide a response regarding its action plan in relation to the Ruck Report.

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