A Victorian lawyer has argued acknowledgements of Country are "not about respect" and Indigenous input in the legal system to allow justice for First Nations people would be "antithetical to equality," in comments the Bar Association says do not reflect their commitment to reconciliation.
In an opinion piece for The Australian newspaper, barrister and member of the 21-person Victorian Bar Council Lana Collaris, doubled down on her previous criticism of acknowledgments of Country, which caused a number of barristers to publicly condemn both her and former chief crown prosecutor Gavin Silbert KC.
"(In) my view, acknowledgments of country are not about respect, as most people would understand that word," Ms Collaris said.
"We show respect to Indigenous Australians by celebrating their culture and language, by valuing their historical knowledge, and by holding them to the same standards as all other Australians, not by making ubiquitous acknowledgments of country."
She also claimed she was told by a colleague that a client of theirs believed they would not get a fair trial because the judge had opened proceedings with an acknowledgment of Country.
"Acknowledgments of country are not about showing 'respect'. They are political statements signalling support for a two-tiered system based on race. They have no place in the law, including in our courtrooms, and the average Australian instinctively knows this."
On the phrase 'First Nations', Ms Collaris claimed it "suggests there was once a number of distinct political societies, separated from the others, that lived upon our land and were the first nations".
"The notion there were 'nations' by any definition cannot be established," she asserted, appearing to impose a European conception of nationhood on Australian history.
Furthermore, in response to comments by Victorian Aboriginal Legal Service chief executive Nerita Waight, who said she looked forward to the day when "we can transform the legal system so that it respects the oldest continuous cultures on Earth and delivers real justice for our people," Ms Collaris claimed this would create "some kind of Indigenous-only legal system that operates within, but separately to, the legal system of the state".
"Not only would such a two-tiered legal system be antithetical to equality and the rule of law, but the real-world consequences are unknown, would be without precedent and are not currently the subject of any public discussion," she said.
In the landmark Mabo High Court judgement, Justice Brennan noted: "If it were permissible in past centuries to keep the common law in step with international law, it is imperative in today's world that the common law should neither be nor be seen to be frozen in an age of racial discrimination."
Furthermore, whilst Australia doesn't, Canada has a number of Gladue and Indigenous self-governing courts across the country.
First Nations lawyer Edward Synot called the article "performative racism".
"Classic straw man - make Indigenous politics, claims and the acknowledgment of country about something it's not and then parade around as though you're a crusader for fairness and equality when in fact all you're doing is spreading more racism and ignorance," he said.
Many other senior legal professionals also stated their criticisms of the piece on social media.
In response to questions by National Indigenous Times, Victorian Bar Council President Georgina Schoff KC said the Bar "has long prided itself on its strong relationships with the Indigenous members of our community", and was proud to have been the first Bar in Australia to initiate a Reconciliation Action Plan.
"To acknowledge country is a commitment we have made in our Reconciliation Action Plan, and it has become an honoured and important feature of Victorian Bar functions," Ms Schoff said.
"Comments from a Victorian barrister and Bar Council member in yesterday's media fail to recognise this commitment to doing what we can to bridge the many gaps between us and our fellow citizens who are Indigenous."
Ms Schoff said the smallest part of her role was to recognise and acknowledge country whenever she could, before citing Justice Nettle in Love v Commonwealth of Australia:
"(C)entral to the traditional laws and customs of Aboriginal communities was, and is, an essentially spiritual connection with "country", including a responsibility to live in the tracks of ancestral spirits and to care for land and waters to be handed on to future generations. Ignorance of those connections, and of their potential significance at common law, justified the early dispossession of Aboriginal peoples in the decades after 1788."
Ms Collaris, who National Indigenous Times understands has been receiving pushback over her comments from colleagues, is known to have previously expressed a desire to run for pre-selection for the Liberal Party in Victoria.
During the Voice referendum last year, she appeared on the conservative channel Sky News to argue many barristers were reluctant to oppose the eventually defeated voice out of fear for their careers.
In response to some of the criticism from her previous comments, Ms Collaris told National Indigenous Times last month: "It is not racist to acknowledge all Australians. It is the opposite of racism."
"People make these awful allegations to avoid engaging in meaningful discussion, and to silence those with whom they disagree. They will not silence me," she said.
Her comments come as the state is preparing to negotiate with the First Peoples' Assembly over Treaty.
The Victorian opposition withdrew their support for the previously bipartisan negotiations earlier this year.