BC Trial Lawyers Association challenge new Legal Professions Act

BC trial lawyers aren’t happy about fresh legislation they feel will take away their autonomy.

The Trial Lawyers Association of British Columbia (TLABC) has filed an official notice of challenge against the newly enacted Bill 21 or Legal Professions Act. Unveiled in the legislature on April 10, the Legal Professions Act outlines how a single regulator will apply to lawyers, notaries, and paralegals. The legislation challenges lawyer independence and the self-regulation of the legal profession.

"The Legal Professions Act (2024) presents a direct threat to the autonomy and self-regulation of lawyers in British Columbia," said Michael Elliott, TLABC president.

"This act effectively ends self-regulation for lawyers, eroding the fundamental independence of the legal profession from government control."

The bill received royal assent on May 16, the same day the Law Society of British Columbia announced it would file its constitutional challenge against the legislation. Its filing on May 21 raises the association's concern for the autonomy and integrity of the legal profession in BC.

Under the terms of the act, a transitional board will be struck, initially, to create the new regulator’s first rules. It is the composition of the board that has the TLABC most concerned. According to the legislation, only five of its directors will be elected by and from a group of  lawyers. Three directors will be appointed by Lieutenant Governor Janet Austin, at least one of whom must be a member of a First Nation.

“The response from the legal community has been one of solidarity and concern,” David Denhoff, public affairs manager for Trial Lawyers Association of British Columbia told Capital Daily, Lawyers and legal organizations across Canada are joining us in calling for the BC government to halt the implementation of this act. The implications of this legislation are profound, and it is critical that the legal profession remains independent.”

However, the Indigenous Bar Association (IBA) of BC welcomes the new legislation and its introduction of an Indigenous Council into its regulatory framework. It says the move “represents a significant step toward advancing Indigenous representation, protecting the public interest, and dismantling systemic discrimination within colonial institutions.”

In his comments on the milestone, Drew Lafond, president of the IBA said, "The introduction of Bill 21 and the establishment of an Indigenous Council not only symbolizes progress but also underscores our collective commitment to advancing justice, equity, and reconciliation for Indigenous Peoples across Canada. We commend the BC First Nations Justice Council for their tireless advocacy in championing this crucial change that brings our voices to the table."

The government has a number of issues that it wants to address, with access to justice being “a major one,” James Legh, a Victoria lawyer and BC Law Society bencher told Capital Daily. He said it could have addressed the issue of access, “If they actually did what they said they were going to do, which was pay all the money they collect into legal aid, that would be a huge thing towards access to justice as we'd have doubled the access to legal aid lawyers.”

Ultimately, at least seven of the 13 transitional board and Indigenous council members will be Indigenous. There is no requirement they be lawyers. The composition also means lawyers will no longer hold a functional majority on the board. Board directors will serve for a term of no more than three years and for no more than six consecutive years.

"The NDP ended the public debate and discussion on this bill when they were only on clause 7 of 317, which is egregious given the magnitude of the bill," the TLABC’s Elliott said. "This move stifled meaningful consultation with legal organizations, stakeholders, and the public, which is a disservice to the democratic process and the people of British Columbia.”

During the  debate, BC’s United Michael Lee, the MLA for Vancouver-Langara said “[That’s] not sufficient autonomy from the other board members’ government and political influence to be classified as independent—that is, the appointed board members themselves.”

In her counter in the legislature, BC Attorney General Niki Sharma said, “Not only is there a majority of lawyers, the majority of the elected side are lawyers and it’s made up of a mix of appointed and elected members and it’s a smaller, more agile board.”