B.C.’s law society has lost its legal challenge of the reorganization of the profession’s oversight, paving the way for more non-lawyers on the regulator’s board, and fewer of the remaining lawyers to be elected by their peers.
Chief Justice Ronald A. Skolrood released his decision Wednesday (April 29), finding that Bill 21 – which created a single legal regulator for lawyers, notaries, and licensed paralegals – does not improperly undermine the independence of the bar and is not beyond the powers of the provincial government.
Skolrood also found the bill doesn’t violate the Canadian Charter of Rights and Freedoms.
The Law Society of B.C. and the Trial Lawyers Association of B.C., both plaintiffs, were challenging the bill, which received Royal Assent nearly two years ago on May 16, 2024.
The Law Society of B.C. argued that Bill 21 overturned 150 years of self-governance and self-regulation, eroding “the essential conditions of an independent Bar.” The society also argued that, as a result, it was beyond the powers of the B.C. government and its powers under the Constitution Act.
While the Trial Lawyers Association of B.C. supported the society’s submission, it also argued that the bill violated the Charter, “by undermining the independence of the Bar and thereby impeding access to effective assistance by independent counsel and to a fair hearing before an independent judge.”
The Attorney General of B.C., the defendant, acknowledged that independent lawyers play a “crucial role in the administration of justice,” but argued that “lawyers are not constitutionally guaranteed the right to be free from any and all forms of democratic regulation.”
The Canadian Bar Association was one of several intervenors in the court case.
Bill 21, the Canadian Bar Association said, “unconstitutionally impairs” the independence of the bar and that “the new board being functionally controlled by non-lawyers and accountable to non-lawyers removes a structural protection to independence.”
In a statement after the decision was released, the Canadian Bar Association said lawyers must be answerable to their clients, their professional obligations, and the courts, not the state.
“When Canadians seek legal counsel, they should be confident that their lawyer’s advice is wholly independent of government preferences or pressure.”
Attorney Niki Sharma told reporters in Victoria that her office is “pleased with the outcome” of the decision.
“I think the Legal Professions Act, more importantly, will have really good impacts on access to justice and respect the independence of legal professions in this province.”
Premier David Eby said the bill is about “increasing public confidence in the regulation and oversight of lawyers in the province.” He added that “one of the big challenges his government has had is around the regulation of paralegals and attorneys that provide legal services and a frustration about their ability to provide more affordable services for British Columbians.
“This legislation provides that oversight and ensures that public participation, but also enables the possibility of more affordable legal services for people, delivered from a variety of sources.”
The Trial Lawyers Association of B.C. and the Law Society of B.C. both issued statements, saying they’re considering next steps, including a possible appeal.
Trial Lawyers Association of B.C. president Rebecca McConchie said the association was disappointed by the outcome.
“Given the public interest significance that this case represents and given the essential importance of preserving the independence of the legal profession and the rights of our clients, I think I can say now that an appeal of this decision is likely.”
Law Society of B.C. president Thomas L. Spraggs said the case was about protecting the ability of lawyers to serve their clients “without government intrusion,” while also ensuring the profession’s regulation remains focused on protecting the public interest in the administration of justice.
“This decision does not change that position,” Spraggs said.