Canadian Lawyer

March 2020

The most widely read magazine for Canadian lawyers

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www.canadianlawyermag.com 1 EDITOR'S DESK UPFRONT www.canadianlawyermag.com EDITORIAL Editor-in-Chief Tim Wilbur Senior Editor Elizabeth Raymer Associate Editor Aidan Macnab Production Editor Patricia Cancilla Writers Anita Balakrishnan, Libby Macdonald, Mallory Hendry CONTRIBUTORS Neill May, Barbara de Dios, Aytekin Tank, Kate Broer ART & PRODUCTION Art Director Brianna Freitag Lead, Media Production Coordinator Catherine Giles Global Production Manager Alicia Chin SALES & BUSINESS DEVELOPMENT VP, Media and Client Strategy Dane Taylor Sr. Business Development Manager Steffanie Munroe Senior Advertising Consultant Ritu Harjai CORPORATE President Tim Duce Events and Conference Manager Chris Davis Chief Information Officer Colin Chan Human Resources Manager Julia Bookallil Global CEO Mike Shipley Global COO George Walmsley EDITORIAL INQUIRIES tim.wilbur@keymedia.com SUBSCRIPTIONS Keith Fulford tel: 416 649-9585 • fax: 416 649-7870 keith.fulford@keymedia.com ADVERTISING INQUIRIES legaladvertise@keymedia.com D oes diversity training work? For some advocates, even asking the question is a problem, and for others, the answer is an unequivocal "no." The reality is that the effectiveness of training depends on how it is done. Research studies back this up. Critics of diversity training will cite findings by academics Frank Dobbin and Alexandra Kalev that organizations will become less diverse, not more, if they require managers to go to diversity training. Yet other studies have shown that when diversity training is done well, it can work. A meta-analysis published by Katerina Bezrukova, Chester Spell, Jamie Perry and Karen Jehn found that, "while many of the diversity training programs fell short in demonstrating effectiveness on some training characteristics," some did succeed. Training was more successful when it was complemented by other diversity initiatives, focused on both awareness and skills development, was con- ducted over a significant period or had a higher proportion of women in a group. Another group of academics, Alex Lindsey, Eden King, Ashley Membere and Ho Kwan Cheung, found that "perspective-taking," which is essentially the pro- cess of mentally walking in someone else's shoes, can be effective, and having an authority figure endorse the importance of diversity initiatives can also help. In other words, to be successful in changing people's minds, you need to put the hard work into doing it right. Otherwise, it just might backfire. This is a lesson that came out loud and clear when we spoke with Indigenous lawyers and educators for our cover story (p. 34). With recent controversies about the "mandatory" nature of diversity training in the legal profession, we felt it was important to hear from the Indigenous community about what they think works. Their answers confirm the academic studies that training needs to be done properly; otherwise, it is not worth the effort. "If you really want to do the hard work of undertaking teaching about Indigenous issues," lawyer Maggie Wente told us, "you have to some way inform yourself about what's going on." So, perhaps asking "does diversity training work?" is the wrong question. The real question is what training works and what will backfire. And the answer is simple. We need to put in the work. Tim Wilbur, Editor-in-Chief Teaching about diversity is hard ISSUE 44.02 Canadian Lawyer is published 10 times a year by HAB Press Limited. KEY MEDIA and the KEY MEDIA logo are trademarks of Key Media IP Limited, and used under license by HAB Press Limited. CANADIAN LAWYER is a trademark of HAB Press Limited. All rights reserved. Contents may not be reprinted without written permission. The opinions expressed in articles are not necessarily those of the publisher. Information presented is compiled from sources believed to be accurate, however, the publisher assumes no responsibility for errors or omissions. Canadian Lawyer disclaims any warranty as to the accuracy, completeness or currency of the contents of this publication and disclaims all liability in respect of the results of any action taken or not taken in reliance upon information in this publication. Publications Mail Agreement #41261516 ISSN 0703-2129 ©2020 GST/HST Registration #703184911RT001 RETURN UNDELIVERABLE CANADIAN ADDRESS TO: CIRCULATION DEPARTMENT 20 Duncan St., 3rd Floor, Toronto, ON, M5H 3G8 RETOURNER TOUTE CORRESPONDANCE NE POUVANT ÉTRE LIVREÉ AU CANADA AU SERVICE DES PUBLICATIONS 20 Duncan St., 3rd Floor, Toronto, ON, M5H 3G8 HAB Press Limited 20 Duncan St., 3rd Floor Toronto, Ontario M5H 3G8 tel: +1 416 644 8740 www.keymedia.com "To be successful in changing people's minds, you need to put the hard work into doing it right. Otherwise, it just might backfire." In our February issue article "Top 10 Labour & Employment Boutiques," Barteaux Labour and Employment Lawyers was mistakenly referenced under its previous name. The firm has been renamed after the retirement of its former named partner. Canadian Lawyer apologizes for the error.

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