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B.C. government faces court challenge over law changing legal regulations

The Law Society of B.C. fears Bill 21 threatens the independence of lawyers and democracy itself
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The provincial government faces a legal challenge from the society regulating lawyers in B.C. over Bill 21, so-called Legal Professions Act. It creates a single regulator for lawyers, notaries and licensed paralegals with an eye to improve access to legal services, but lawyers fear it undermines their independence. (Don Denton Photography)

The society regulating lawyers in B.C. has started legal actions against a law it says threatens democracy itself.

Bill 21 香蕉视频直播 the so-called Legal Professions Act 香蕉视频直播 creates a single legal regulator for lawyers, notaries and licensed paralegals. It received Royal Assent on Thursday (May 16), the same day on which the Law Society of British Columbia announced it would file a constitutional challenge against the legislation.

Other groups representing lawyers and legal interests are also weighing their options.

The society argues that the legislation fails to protect the public香蕉视频直播檚 interest by denying British Columbians access to independent legal professions governed by independent regulators free of 香蕉视频直播渦nnecessary government香蕉视频直播 direction.

香蕉视频直播淎s legal professionals represent clients whose interests often diverge from those of government, there must be trust that the legal regulator is independent of government influence,香蕉视频直播 the society said in a statement dated April 10 香蕉视频直播 the day Attorney-General Niki Sharma tabled the legislation. 香蕉视频直播淎ny erosion of this principle in (B.C.) threatens our free and democratic society and may have impacts nationally and internationally.香蕉视频直播

Speaking to Canadian Lawyer Magazine last month, Law Society of BC president Jeevyn Dhaliwal said the legislation represents a 香蕉视频直播 香蕉视频直播 in the regulation of legal professions in B.C.

Central to the dispute is the composition of the board overseeing the new regulator.

The new board will consist of 17 directors, 14 of which are legal professionals. Lawyers will directly elect five of the 17 directors and the majority of the other directors will appoint four more lawyers. This means a majority of directors will be lawyers. But only five of them 香蕉视频直播 a minority 香蕉视频直播 will have been elected by lawyers themselves.

Critics say these changes undermine the independence of the profession, a point B.C香蕉视频直播檚 United Michael Lee, a lawyer himself, made during debate, citing commentary from the Canadian Bar Association B.C. Branch.

香蕉视频直播(That香蕉视频直播檚) not sufficient autonomy from the other board members香蕉视频直播 government and political influence to be classified as independent 香蕉视频直播 that is, the appointed board members themselves,香蕉视频直播 Lee said.

The board currently overseeing the law society consists of 25 lawyers all elected by lawyers themselves, as well as up to six non-lawyers appointed by government.

Attorney-General Niki Sharma said in response to Lee that the new structure strikes a balance in representing lawyers, along with notaries and paralegals. 香蕉视频直播淣ot only is there a majority of lawyers, the majority of the elected side are lawyers and it香蕉视频直播檚 made up of a mix of appointed and elected members and it香蕉视频直播檚 a smaller, more agile board,香蕉视频直播 Sharma said.

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She added that the new board not only includes representation from notaries and paralegals, but also reduces government香蕉视频直播檚 appointment abilities. 香蕉视频直播淭he Attorney General is no longer a board member as of right and the government香蕉视频直播檚 appointees, directly, go from six to three.香蕉视频直播

香蕉视频直播淲e think that this was a very thoughtful approach, based on the balancing of not only all the professions, but also the input that we received along the way.香蕉视频直播

Sharma said the legislation improves access to justice, by facilitating access to legal services, advancing reconciliation and removing barriers to the practice of law for those currently underrepresented.

Jamie Maclaren, a civil litigator, told Canadian Lawyer Magazine last month that he expects the new class of regulated paralegals to be a 香蕉视频直播real boon for pro bono and legal aid organizations香蕉视频直播 because it will expand their range of affordable options serving clients of varying levels of legal literacy and need.

Another controversy surrounding the legislation is the use of closure by the B.C. NDP government to push it through the legislature.

香蕉视频直播淣ot 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,香蕉视频直播 Dhaliwal said in her society香蕉视频直播檚 statement following Royal Assent.

B.C. Housing Minister and Government House Leader Ravi Kahlon last week defended the use of closure. He said Bill 21 ranks among the most-debated bills in the last 20 years.

香蕉视频直播淲e want to make sure the opposition has the opportunity to ask as many questions as they need,香蕉视频直播 Kahlon said. 香蕉视频直播淏ut we have limited time and we need to make sure that we香蕉视频直播檙e able to take the actions that British Columbians want us to take.香蕉视频直播



Wolf Depner

About the Author: Wolf Depner

I joined the national team with Black Press Media in 2023 from the Peninsula News Review, where I had reported on Vancouver Island's Saanich Peninsula since 2019.
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