RSS FeedAugust 1: A Day Of Remembrance
This is part of the Middle Passage Law Series and is cross posted on Commercial Law International.
Why am I wearing all black today?
Am I in mourning? No, not exactly. Then why?
Well it is August 1: Emancipation Day. 
I am wearing black today not to so much mourn but to remember. To remember that it was today 175 years ago that the British set my ancestors free – well in a manner, they still had six years of apprenticeship to look forward to. Why? Because being free people made them some how forget all the skills acquired during a lifetime of toil.
The Slavery Abolition Act 1833 took effect one year after passage this day 1834 and outlawed slavery in the British empire – including British North America aka Canada – with the exception of all but a hand fully of territories.
So I remember – let’s remember together.
A New MOFO for a New Year
Middle Passage Law Series
Hahahahahahah…. I know what you are thinking, but no, not the expletive. “MOFO” is in fact short for the law firm of Morrison & Foerster.
I was wondering how best to kick off the New Year with the Middle Passage Law series and I thought it best to start with positive news.
A new MOFO for a New Year refers to Trevor James, a UK tax partner in Morrison & Foerster, who has been elevated to managing partner in the firm’s London office. And, oh yeah, Mr. James just happens to be black.
This is a first for an international law firm.
Please do not misread this post. It isn’t that UK law firms are light years ahead of their Canadian counterparts in terms of black diversity — for they are not, as the UK based Black Solicitors Network’s 2008 diversity league table makes clear. However, UK law firms and the legal establishment are ahead of their Canadian counterparts in two significant ways worthy of note.
The first of these is Mr. James’ appointment — earned on merit.
What is the probability of such an appointment at a Canadian national or international law firm in the near or medium term?
To be honest I just don’t see it happening, but I could be wrong — in fact I want to be wrong.
The second area to note is the fact that such a thing as a diversity league table exists.
It is not that Canadian law firms or the larger legal establishment does not measure diversity — for they do. However, on closer examination it will be observed that these measurements are largely confined to gender. Don’t get me wrong, this is a good thing and should be lauded; however, I believe that such measures should be expanded to other diversity communities.
Why the comfort with measuring gender and the fear — yes, I said fear, because that is the only way I can characterize it — with measuring race?
I really cannot answer this questions as it is far beyond my current knowledge and skills — I want to answer it and maybe one day I will.
I didn’t mean to harp on the negative but I just wanted to make you aware, that is if you were not already, of all too real an issue.
So back to the positive.
I wish Mr. James – A New MOFO For A New Year – all the best and I hope that his current and future successes will serve as a shining example of what is possible.
Until the Philosophy…
“Contemplation, Reflection, Insights and Resolutions”
It is the end of another year, tis the season to be jolly and all that jazz.
However, tis the season for something else – no not the holiday blues, though no doubt some will be suffering from this ailment. What I am referring to is far less emotional and more cerebral.
Tis (also) the season for contemplation, reflection, and insights about the out going year leading inevitably to the dreaded New Year’s resolutions to do better in the coming year. And what a year it was – good and bad.
Unfortunately many, if not most of these resolutions are never kept. And why? Is it because they lack meaningful contemplation or reflection or even insight? No, far from it. The reason why so many New Year’s resolutions fail is simple human nature.
That is to say as creatures of habit we find it difficult to change – even when it is in our best interest.
In one of my many moments of contemplative reflection, that come fast and furious especially at this time of year, I had a brief moment of clarity. It was one of those rare moments in life where you gain insight and you just feel, in whole or in part, that “it” all makes sense.
I thought about it for a bit and decided to share the moment.
The central question of this “light blub” moment was: why is there so much injustice in the world? Then I remembered a song from my youth – Bob Marley’s War.
I thought about it a little more then I remembered that the song was based on a segment of a speech given by His Imperial Majesty: Haile Selassie I of Ethiopia to the UN in 1963.
Before I reproduce the excerpt in full and without giving any thing away I would like to point out, firstly that the world has changed much since the speech was delivered and parts of it are no long applicable. Secondly, while the focus of the excerpt is racial equality, do not let that limit your thinking – the words are equally applicable, as you will see, to the struggle for equality generally.
I hope as you read the words below or enjoy them via Bob Marley you will contemplate, reflect, gain some insights but more importantly that you will make a life long rather than a New Year’s resolution, that is if you have not done so already, to fight injustice wherever found and uphold the values of equality and diversity – all proud and valued traditions of the legal profession.
Agree with me or not the words are as profound today as they were spoken in 1963. Enjoy:
That until the philosophy which holds one race superior and another inferior is finally and permanently discredited and abandoned: That until there are no longer first-class and second class citizens of any nation; That until the color of a man’s skin is of no more significance than the color of his eyes; That until the basic human rights are equally guaranteed to all without regard to race; That until that day, the dream of lasting peace and world citizenship and the rule of international morality will remain but a fleeting illusion, to be pursued but never attained and until the ignoble but unhappy regimes that hold our brothers in Angola, in Mozambique, and in South Africa in subhuman bondage have been toppled and destroyed; until bigotry and prejudice and malicious and inhuman self-interest have been replaced by understanding and tolerance and goodwill; until all Africans stand and speak as free human beings, equal in the eyes of the Almighty; until that day, the African continent shall not know peace. We Africans will fight if necessary and we know that we shall win as we are confident in the victory of good over evil.
What’s in a Name?
Middle Passage Law Series
“What’s in a name?”
Answer: something, nothing or perhaps everything.
The Middle Passage name was carefully chosen and is the everything of the series. A little confused, let me explain.
YES, I will make the admission right away, the name is intentionally provocative – just like the issue of race and the law. However, the name is not meant to be negative in any way; instead it is meant to provoke thought and meaningful discussion.
For those of you who are still puzzled as to the exact meaning of the name – I sure some of you have figured it out already, at least in part.
In the simplest of terms the Middle Passage Law name comes from the Middle Passage.
WHAT!!
I know I know it’s a circular definition but I can’t help it, I am a future lawyer after all.
The choice of the name is the best way, in my opinion, to make a direct connection between one of the most sinister chapters in our history – and “our” is being used here not just to mean Black/African but Canadian, indeed the world – and today’s social, political, economic and legal realities. What is this connection you may ask?
Answer: the African slave trade and its continuing legacy.
The Middle Passage and the African slave trade are so intimately connected that one cannot address one without addressing the other.
Oh No! That feeling of discomfort or elation that you felt in the series opener is back again isn’t it. You might even be thinking: ‘Here we go again! It’s always about slavery. It happened sooooo long ago, why not just get over it’ or ‘I am over it?’
Ok, ok, just relax, collect yourself and keep on reading, it will all be worth it. Trust me.
Before I respond to that – and I think my response is going to shock a lot of people – I must first give a less circular definition of the Middle Passage. To brief the Middle Passage, is the perilous voyage Africans where forced to take – to put it mildly – from West Africa to the New World to be sold into slavery.
The Middle Passage helps to explain – generally and very over simplistically – why there are Black people in the western hemisphere. However, and more importantly, its history and continuing legacy helps to explain why these people are a marginalized group.
Well, that’s enough of the history and sociology lesson but it was necessary for context.
‘So what does that have to do with me?’ Perhaps you are not black or perhaps you are but you are not a descendant from those who made the Middle Passage voyage.
Answer: everything.
Yes, everything, as hard as this maybe for some of you to believe.
For those of you that are Black but not descendant from the Middle Passage, the everything for you lies in the simple fact that you are Black. Yes I said: Black!
You, well at least some of you, may say well Yes but a different Black and you would be fully entitled to that label – if you want it. The Black community after all isn’t a monolith and the diversity within the community has to be accounted for, celebrated and respected.
Fair enough, different yes but Black none the less.
It matters little that you and or your bloodline has come relatively recently and directly from Africa, the Middle Passage directly affects you. Don’t take my word for it, take a minute and simply reflect on your own experiences in Canada.
Are you with me now? Well, I hope so. If not, this should help.
You know that feeling of exclusion or marginalization you have often felt – No, still not with me.
Ok, what about that feeling of having to prove or validate yourself constantly and many times over that of your colleagues – No or……. well maybe, am I getting closer?
Well, this should do the trick.
What about that feeling of responsibility and worse yet, normality, you are made to bear whenever a Black person is accused of a crime, while your successes and the successes of others like you are dismissed as being an irregularity or even worse yet, good for a Black person – Aha! With me now – good!
For those of you that are not Black you may think that the legacy of the Middle Passage is not yours or that it does not directly impact you. Well, you couldn’t be more wrong, it has everything to do with you.
‘What!! How could this be?’
Firstly, the history of slavery in Canada is well documented and the Middle Passage is undeniably interwoven in to the fabric of Canadian social, political, economic and legal history.
I would like to take a moment just to add a perspective on what is often considered a boring topic – History, namely Legal History. Legal History is any thing but boring, but that is simply my nerdish opinion. However, what is not opinion but fact is that legal history for student, academic and practitioner alike is always contemporary.
Legal history is always contemporary?
Yes, contemporary.
But how?
Answer: Precedents.
The study, the teaching and the practice of law are all exercises in Legal History.
Precedents are legal history, and as a corner stone of the Common Law are central to our concept and conception of justice. Thus, whether studied, taught or applied Precedents always bring legal history to the fore.
Secondly, we all live in Canada and what affects one segment of our society affects us all. If you don’t believe that or worse yet you don’t live, study or work like it’s true, it is a sad day for the legal profession, nay, Canadian society.
The sad part is not that you will not address, empathize or advocate Black or other diversity community issues and concerns but that you will not address, empathize or advocate for yourself.
‘What!! How does that work?’
What needs to be understood and often isn’t, is that by standing for justice, equality and diversity you are in fact standing for yourself. And I am not simply being altruistic here, though I must confess altruism is a factor.
The point to understand here is that you may or may not ever be in the majority but you will always belong to a minority of some sort – in thought, belief, opinion or expression. Therefore, unless you are prepared to defend the rights of others, your rights will never be secure.
The ancient Greek historian Thucydides puts it succinctly when he was asked when will justice come to Athens and he replied:
Justice will not come to Athens until those who are not injured are as indignant as those who are injured.
Now as to a response to the comment posed earlier that: ‘it’s always about slavery. It happened sooooo long ago, why not just get over it’ or ‘I am over it?’ Well, for now I say:
Stay tuned.
Middle Passage Law Series
Ainsley Brown will be doing a special series on the “middle passage law,” addressing specific areas of diversity in the law.
Welcome to the middle passage law series. This series is an attempt – hopefully a successful one – to raise diversity issues and begin a dialog between law students. Specifically, middle passage law will be black/Afro-Canadian focused.
Oh My! Here we go again.
Yes black focused. I will give you a moment to either collect yourself from the discomfort or elation you might have just felt.
Are you ok? If yes then good, if not then that’s good as well.
Middle passage law is not intended to be divisive – as divisive the issue of race can be at times. Neither is it meant to appeal only to black law students. No! Instead it is meant to appeal to all fair minded people who are concerned with justice and wish to have an open and honest discussion about issues that affect us all. And I hope that is most law students.
Why black diversity? Why indeed. The short answer is: it’s important. It is important not just to provide information but also to provide a medium in which and through which black diversity issues can be discussed in constructive, open and honest ways.
As such, it is important – and I don’t know if you are you ready for this – to admit that Canada has racial problems. And the law, as much as some would like to think or have others think is not immune.
Ok, There I Said It!
You don’t have to take my word for it – and you shouldn’t – just take a closer look at its instruction, practice or its application to see the truth.
I know, I know that feeling of discomfort or elation is back isn’t it. Relax. Take a breath, collect yourself and read on.
But why should an admission that the Canadian legal profession has problems with racial diversity trigger such a response? Would your response be the same if the admission was made about women? Why is it that we are more at ease as a profession, be it in law schools, or in firms or in the justice system, addressing gender diversity problems than we are addressing racial diversity?
This is not to say that other diversity communities are not important, for they are. Or that there isn’t tremendous overlap in both principle and substance between black diversity issues and issues facing other communities – for there is. Then why black diversity?
The answer is the aim of the series. Middle passage law is an attempt to fill a void and bring awareness to issues that affect a specifically identified community that is often overlooked or portrayed negatively in Canada – Afro-Canadians.
Middle passage law is not intended to be simplistic, nor will it be. This complexity will be reflected in the multiplicity of issues that will be tackled always bearing in mind that ultimately afro-Canadian issues are not exclusively – and put this in finger quotes – “Afro-Canadian” but are principally Canadian.
Then what’s with the name – middle passage law? Stay tuned.
