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Foreign Trained Black Lawyers' Experiences in Ontario

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Foreign Trained Black Lawyers' Experiences in Ontario Foreign Trained Black Lawyers’ Experiences in Ontario: I am a Lawyer! Am I a Lawyer? An Odyssey! by Tiisetso Russell A thesis submitted in conformity with the requirements for the degree of Doctor of Philosophy Graduate Department of Leadership, Higher and Adult Education Ontario Institute for Studies in Education University of Toronto © Copyright by Tiisetso Russell 2015 Foreign Trained Black Lawyers’ Experiences in Ontario: I am a Lawyer! Am I a Lawyer? An Odyssey! Tiisetso Russell Doctor of Philosophy Graduate Department Leadership, Higher and Adult Education Ontario Institute for Studies in Education University of Toronto 2015 Abstract This thesis examines the experiences of foreign trained black lawyers navigating the Canadian legal credentialing process in Ontario and how that has impacted their lives. I chose to focus on foreign trained black lawyers (FTBL) and take a comparative look at black lawyers born and trained in Africa and the Caribbean as well as Canadian born blacks who studied outside Canada. FTBL includes those who are born in Canada and study abroad and those who are immigrants to Canada. The research employed a discursive framework, using the intersectionality of critical race theory and integrative anti-racist theory to contextualize and examine the issue. I employed a mixed method design using an online survey and interviews to examine and analyze the challenges of foreign trained black lawyers becoming credentialed in the Ontario legal system. The five major themes that emerged are as follows: 1) the NCA’s (National Committee on Accreditation) lack of transparency and consistency in the process of accreditation, and the Law Society of Upper Canada, specifically the LSUC exams; 2) Articling in Ontario, ii focusing on the challenges of securing articling positions; 3) the Impact of Racism, focusing on disempowerment and discrimination;4) Resilience and Career motivation, highlighting the participants’ coping mechanisms, sustenance and support; and 5) Networking, in particular relating to the importance and relevance of social capital in finding suitable work experiences. iii Acknowledgments This thesis would not be possible without the support and help of many people. First always, thank You, Lord, God Almighty, for sustaining me through this exciting academic journey! Then, a huge thank you to my thesis supervisor—Dr. Njoki Wane, a rock, a wonderful patient mentor, and my committee members Dr. Ann Lopez, my excellent Teacher Education Program Assistant (TEPA) supervisor, who nurtured my love for teaching in the classroom, Dr. Karen Mundy, who encouraged me from the beginning of my Ph.D. journey, and Dr. Jamie Magnusson, who willingly and graciously stepped in when Dr. Mundy took up an appointment outside the university. To my committee members who have supported me through this journey and never gave up on me even when I may have felt like giving up on myself, thank you for your encouragement. Not once did you let me believe it was impossible, but you all recognized the challenges, particularly as women with families to take care of as well. In your unique ways, you all encouraged me to live up to my name, “Tiisetso,” (perseverance). I also thank Dr. Eucharia Kenya for being my External Examiner as well as Dr. Linda Muzzin and Dr. Miglena Todorova, for being my Internal and Alternate Internal examiners respectively. Your contributions, comments and recommendations were invaluable. Thank you to my Mum, my constant champion, even throughout her difficult illness, and my Dad, my anchor, who always encouraged my education and told me I was “a woman of vision” when I left Zimbabwe to pursue graduate studies. To my family, Harry, Zoe, and Thea, who have endured a lot, thank you for all your sacrifices; I iv love you. Thank you to my brothers Tem, Se, and Moki, who I know thought of me even when we were apart for so long. And to my extended family and friends in Canada, Aunty Baliseng and cousins, and my niece Uitsile, who found time from her busy medical school schedule to hang out with her cousins. Thank you also to all my friends at OISE, in particular Jennifer Jangire, Kara Janigan, Cindy Sinclair and Sameena Eidoo. To my dearest friends, Sheilla Mugugu, Patie Motlana, Kerry Carpenter, Lindsay Welbers, Hala Mbulai, Mark Masvikeni, and last but not least Esther Baah Amoako, and all my friends who gave an encouraging word on the way whom I can’t all mention by name, thank you. Thank you to my Church family, in particular Bethel SDA Church, GTA Zimbabwe Company, and Ottawa East SDA Church, and all my brothers and sisters in Christ whom I have met along this journey. Special mention goes to my cousin Asher Carpenter for the gym training, which is invaluable in helping keep me physically fit, as well as for his constant prayers and encouragement. To my Massey College family, in particular John Fraser, Clement Jumbe, Ana Luengo, and Tembeka Keswa Ndlovu, “Thank you.” They were always there when I needed them. Thank you to my sisters at the Congress of Black Women of Canada (CBWC) Mississauga Chapter especially for the honor of being the first ever-adult scholarship recipient. Thank you to Amnesty International Canada (English speaking), in particular to my Articling Principal Alex Neve, for believing me at a time when I had almost given up hope. v To OISE Student Services for financial support special mention goes to Lise Watson and Marge Brennan. Thank you to the Resource Center staff at Bloor Dixie, who never asked but were always friendly whenever I went in to use the computer, printer, scanner, or fax machine. To all the people and organizations I contacted to help find participants: the Canadian Association of Black Lawyers (CABL), Sistahs-in-Law (the Black Female Lawyers Network), and the Facebook NCA group, “Thank you.” Last but certainly not least, my eternal gratitude goes to all the Foreign Trained Black Lawyers who were so willing to participate and pass on information about this study as well as openly share their stories, laughter, and experiences. These are our stories and this thesis would not have been possible without your participation. As they say in my mother tongue, Sotho, “ Kea leboha .” (Thank you)! This has been a great, rewarding educational journey for me, and I believe the following words in Education , from a great spiritual writer, about the source and aim of true education that inspired me are pertinent: Our ideas of education take too narrow and too low a range. There is need of a broader scope, a higher aim. True education means more than the pursual of a certain course of study. It means more than a preparation for the life that now is. It has to do with the whole being, and with the whole period of existence possible to man. It is the harmonious development of the physical, the mental, and the spiritual powers. It prepares the student for the joy of service in this world and for the higher joy of wider service in the world to come. (White, 1903) vi Acronyms Black Female Lawyers Network (BFLN) Bulawayo Legal Projects Center (BLPC) Bulawayo Polytechnic in the Department of Commerce and Education (COMEDU) Canadian Association of Black Lawyers (CABL) Canadian Bar Association (CBA) Critical Race Theory (CRT) Federation of Law Societies of Canada (FLSC) Foreign Trained Black Lawyers (FTBL) Law Society of Upper Canada (LSUC) Legal Resources Foundation’s (LRF) National Committee on Accreditation (NCA) National University of Science and Technology (NUST) Iowa State University (ISU) Ontario Institute for Studies in Education of the University of Toronto (OISE/UT) Ontario Bar Association (OBA) Teacher Education Program Assistant (TEPA) University of Toronto’s Internationally Trained Lawyers Program (ITLP) University of Zimbabwe (UZ) Women’s Health in Women’s Hands (WHIWH) Zimbabwe Human Rights Association (ZimRights) vii Table of Contents Acknowledgments ....................................................................................................................... iv Acronyms ....................................................................................................................... vii Table of Contents .......................................................................................................... viii List of Tables ................................................................................................................. xiii List of Figures ................................................................................................................ xiv List of Appendices .......................................................................................................... xv Chapter 1 Introduction ..................................................................................................... 1 1 Lawyer Credentialing in Ontario .................................................................................. 2 1.1 Statement of Research Issue ............................................................................... 2 1.2 The Research Questions ...................................................................................... 5 1.3 Theoretical/Conceptual Framework .................................................................... 12 1.4 Methodology ....................................................................................................... 14 1.5 The Researcher – Locating Myself ..................................................................... 15 1.6 Summary ...........................................................................................................
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