Statement by Executive Director Don Avison, KC
On May 16, 2024, the provincial government passed the Legal Professions Act, S.B.C. 2024, c. 26 (Bill 21). Before and after Bill 21 was passed, the Law Society published numerous statements to the legal profession and the public about the legislation and its impact on the independence of lawyers and the administration of justice.
The Law Society challenged the constitutionality of Bill 21 by filing a Notice of Civil Claim on May 17, 2024. The basis for the challenge is that Bill 21 fails to adequately ensure the independence of the legal profession and its regulator – a fundamental democratic principle. The Law Society is deeply concerned that Bill 21 will have detrimental effects on the ability of lawyers to properly represent the public. As it is the Law Society’s statutory mandate in the current Legal Profession Act to protect the public interest in the administration of justice by preserving the rights and freedoms of all persons, the Benchers have an obligation to act on that mandate.
It is worth us taking a step back to March 2022, to remind ourselves of the Law Society’s position on the single legal regulator proposal. At its core, the Law Society supports the creation of a single legal regulator for all legal professionals in British Columbia and agrees with certain aspects of Bill 21. We have held this view for some time now and remain committed to achieving an outcome that most effectively advances the public interest.
We recognize that there are some real opportunities to improve consistency in the regulation of legal services, which could enhance the protection of the public, create efficiencies and aid efforts to improve access to legal services across the province. We also support an expanded scope of practice for notaries public and a model of regulation that permits the regulator to take a flexible, modular and competency-based approach to licensing paralegals to provide a range of legal services independently. Both of these changes may have a positive impact on public access to legal services.
However, independence of the legal profession and of the regulator is essential to any new framework that establishes a single legal regulator. This is where there is a difference of view – with how the independence of the legal profession and their regulator is maintained and appropriately reflected in legislation. The Law Society believes Bill 21 has not achieved this goal and that further consultation is required to get this right.
In June 2024, the Law Society sought injunctive relief to suspend the operation of the transitional provisions and prevent the implementation of the substantive provisions of the Bill 21 until such time as the Notice of Civil Claim could be heard. Justice Gropper presided over a three-day hearing of the injunction application in the Supreme Court of British Columbia from June 17 to 20, 2024, in which counsel provided evidence of irreparable harm to the public interest should the injunctive relief not be granted. Both the Trial Lawyers Association of BC and the Law Foundation of BC also argued in support of the injunction application. Copies of the written submissions, the Notice of Application, and the Notice of Civil Claim are available on the Updates and timeline webpage, and we urge all members of the professions to read them together with Bill 21. The hearing concluded with Justice Gropper reserving judgment; and we await the outcome of the injunction application.
Counsel for both the Law Society and the Province are committed to proceeding as expeditiously as possible with a hearing of the constitutional challenge, and, subject to court availability, it is anticipated this will likely take place in early 2025.
In the meantime, the Law Society is committed to and remains focused on fulfilling the Law Society’s priorities and regulatory functions in keeping with our mandate to protect the public.
We will provide an update as soon as the decision on the application for injunctive relief becomes available, or if there are any other significant developments.
