The Law Society of British Columbia has announced it will challenge the constitutionality of the recently enacted Bill 21, the Legal Professions Act. The bill, which received Royal Assent on May 16, 2024, consolidates the regulation of lawyers, notaries, and paralegals under a single body.
The Law Society argues that the new Act undermines the independence of the legal professions and their regulator, a principle it views as essential to democracy. The Act replaces the former Legal Profession Act, which mandated the Law Society to protect public interest by safeguarding the rights and freedoms of all individuals.
The Society and other legal organizations, including the Canadian Bar Association – BC Branch and the Trial Lawyers Association of BC, had previously urged the government to reconsider the bill. They advocated for broader public and professional consultation after the bill was introduced on April 10.
Despite these appeals, and opposition parties expressing concerns over the potential threat to the profession’s independence, the BC government invoked closure to limit debate and passed the legislation.
Law Society President Jeevyn Dhaliwal, KC, criticized the government’s approach, stating, “Not only did government fail to permit full and transparent consultation, they also closed debate on Bill 21 in a manner that suggests they never intended to permit a full and open discussion on the implications of seismic changes that we view as contrary to the public interest.”
The Law Society’s forthcoming litigation will seek to overturn the Act, aiming to restore the previous statutory mandate that emphasizes the protection of public interest and the administration of justice.
