Law Society of B.C. cites concerns about Indigenous council

B.C. lawyers and their self-governing regulator have filed their much-anticipated lawsuits against the provincial government claiming legislation to reform the latter is unconstitutional.

The lawsuits of the Trial Lawyers Association of BC and the Law Society of BC were expected following passage of Bill 21 last week; they provide greater details of the concerns surrounding alleged government creep into regulation of the legal profession.

As the society claims, Bill 21 “fails to protect the public’s interest in having access to independent legal professions, governed by an independent regulator, that are not constrained by unnecessary government direction and intrusion.”

Governments, the society argues, cannot and must not impose their will on lawyers; otherwise, it erodes the rule of law and a free society.

The society’s claim against the government, filed in B.C. Supreme Court May 17, argues government is imposing “guiding principles” on the new regulator, expected to be named Legal Professions British Columbia, which will oversee not just lawyers, but notaries and paralegals.

A key objective of the government’s reform, according to the attorney general of B.C., is to broaden access to legal services, such as by having paralegals and notaries be able to provide more routine services at a lower cost to the consumer.

While the society’s claim outlines efforts it has taken to improve Indigenous participation and input in the legal profession, the claim highlights concerns about government mandating such matters on the new regulator.

A “narrow conception” of principles includes facilitating access to legal services by supporting the United Nations Declaration on the Rights of Indigenous Peoples and “identifying and removing” barriers that have a disproportionate impact on Indigenous