US pressure is no excuse for the Canadian legal profession to abandon DEI

We at Level Justice see the younger generation holding the profession accountable – will it listen?

US pressure is no excuse for the Canadian legal profession to abandon DEI
Fatima Ahmed

Shelan Markus, the executive director of Level Justice, helped draft this article.

The legal profession in the United States is experiencing significant shifts in diversity, equity, and inclusion initiatives due to recent federal actions. The Trump administration has intensified scrutiny of DEI policies within law firms, leading to notable developments:

  • Executive Orders Targeting Law Firms: In March 2025, President Trump issued executive orders scrutinizing major law firms such as Covington & Burling, Perkins Coie, and Paul, Weiss, Rifkind, Wharton & Garrison. These orders involved reviewing government contracts, suspending security clearances, and challenging DEI programs within these firms.
  • EEOC Investigations: The U.S. Equal Employment Opportunity Commission (EEOC), under acting chair Andrea Lucas, sent investigative notices to 20 major law firms regarding their DEI policies, suggesting that certain diversity initiatives might violate anti-discrimination laws.

These actions have raised concerns about the future of DEI efforts within the legal sector, not just in the US but also potentially in Canada. Legal experts warn that the US government’s stance may influence Canadian law firms, leading to potential reductions or dismantling of DEI programs north of the border (see example here). There is a rising fear that organizations may quietly disengage from DEI efforts, especially if those initiatives were initially adopted for optics rather than genuine commitment. A recent report revealed that public companies are falling short in adequately measuring or sustaining DEI commitments. While the representation of equity-deserving groups on boards and executive roles has improved, the momentum is slowing. This suggests a stagnation in efforts to enhance diversity within Canadian public companies, including law firms.

Despite the pushback, DEI continues to represent essential values to racialized and marginalized communities across Canada, particularly among younger lawyers. One of the most significant shifts in DEI has been generational: a growing portion of the legal workforce now consists of Millennials and Generation Z professionals who have grown up with DEI values as foundational. These younger lawyers and law students expect DEI and human rights protections as the norm and are more deeply committed to them. According to one DEI professional, the younger legal workforce is no longer satisfied with the mere presence of DEI policies; they want to see real progress, tangible outcomes, and accountability.

It’s no surprise that law students are leading the charge in scrutinizing DEI efforts on their campuses and holding the profession accountable. Organizations such as the Black Law Students Association and the National Indigenous Law Students Association are at the forefront of DEI discourse within legal education. The Indigenous Bar Association and the National Indigenous Law Students Association emphasize the critical role DEI initiatives play in addressing systemic disparities faced by Black and Indigenous communities. They urge law firms to resist external pressures and remain steadfast in their DEI commitments to promote fairness and equitable treatment.

The Social Justice Summit, hosted by Level Justice in February 2025, further demonstrated law students’ dedication to DEI within their institutions. The summit brought together 20 selected campus representatives from 11 law schools across Canada to present on pressing social justice issues. Participating schools included the Allard School of Law (UBC), University of Victoria Faculty of Law, Osgoode Hall Law School (York University), McGill University Faculty of Law, University of Toronto Faculty of Law, University of Ottawa Faculty of Law, University of Windsor Faculty of Law, University of Calgary Faculty of Law, Université de Montréal Faculty of Law, and Lincoln Alexander School of Law (Toronto Metropolitan University).

Most presentations focused on DEI-related concerns. These included the underrepresentation of people with disabilities in the legal profession, financial barriers to legal education for marginalized students, systemic challenges faced by Black applicants to law schools, discrimination within law society disciplinary hearings, and the urgent need for disability-informed processes across the justice system.

Law students at the summit spoke candidly about the issues within their campuses and the profession. They shared insights from their local legal landscapes, identified similarities in their challenges, and exchanged strategies for advocacy and reform. Many expressed how essential the summit was in broadening their perspectives and strengthening their shared commitment to DEI. The event underscored the collective determination of Canada’s next generation of legal professionals to uphold and advance DEI values.

The resilience and dedication of these students offer hope for the future of DEI in Canada’s legal landscape. However, it remains uncertain whether grassroots efforts alone can counteract external pressures and ensure Canada maintains its DEI commitment. These student-led initiatives may face significant threats without institutional backing from law firms and legal organizations.

DEI initiatives should not be easily dismissed. They are foundational to upholding human rights and fostering a more just society; they are also core to the legal profession’s commitment to equal justice (for example, Rule 5.6-1[2] of Ontario’s Rules of Professional Conduct). A legal system that reflects society’s diversity is better equipped to address the nuanced and intersecting challenges individuals face.

Inclusive legal practices contribute to societal well-being by ensuring diverse perspectives are considered in legal decision-making. This inclusivity leads to more comprehensive and empathetic legal outcomes and strengthens public trust in the justice system. Law firms and legal institutions have a responsibility to lead by example. By standing firm on DEI, they foster their own healthy organizational cultures and create a ripple effect by empowering other sectors and the next generation of lawyers to carry out initiatives that truly benefit society.