Earlier this week, the Trial Lawyers Association of British Columbia (TLABC) filed a Notice of Civil Claim challenging the constitutionality of the NDP government’s Bill 21 – Legal Professions Act (2024). We have filed this challenge because this bill is both dangerous and disappointing.
This bill is dangerous because it ends the self-regulation of lawyers and threatens the independence of the legal profession, thereby weakening a critical cornerstone of a functioning democratic society. This bill gives government more control over who can become a lawyer, what lawyers are allowed to say, scope of practice for lawyers, punishment for lawyers, and even disbarment. This is a concern not just for lawyers, but for every British Columbian, as one of the primary roles of a strong and independent bar is to push back on government overreach, protect individuals’ rights, and hold government accountable. This bill gives government more power over the only profession entrusted to help the public keep government in check.
This bill is disappointing because this government missed an opportunity to actually improve access to justice for British Columbians. This government ignored calls from provincial and national legal organizations to work together to improve access to justice, while at the same time protecting the independence of the legal profession (after all, you can do both). They refused to collaborate or engage in meaningful consultation with legal organizations, stakeholders, or the public on these issues in the lead up to this bill. They expedited this bill through the legislature without proper debate. They continue to chronically underfund legal aid services by hundreds of millions of dollars. And ultimately, they missed a great opportunity to open up this important conversation and work collaboratively to arrive at a solution that works for everyone.
In sum, this government’s approach to a bill that threatens a cornerstone of a democracy has been, well, pretty undemocratic.
TLABC’s filing of this challenge is the first step in what will likely be a long journey with respect to this bill. We are ready for it. TLABC remains steadfast in its mission to protect the rights of individuals, enhance access to justice, and preserve the integrity and independence of the legal system. We will continue to advocate for an independent and self-regulated legal profession and challenge any legislation, like Bill 21, that threatens these principles. We encourage everyone, legal organizations and the public alike, to join us.
