Regulation of the profession is experiencing an unprecedented move to the unknown. At the Canadian Bar Association, we’re here to represent your interests and help you navigate change. Over the summer and after much consultation, the CBA National Board authorized an application for leave to intervene in the Law Society of BC’s challenge to the constitutionality of the Legal Professions Act.

The B.C. government’s Legal Professions Act, which brings lawyers, notaries and paralegals under a single regulator, passed in May despite multiple calls to allow lawyers and the public more time to provide feedback. The legislation calls for a slim one-lawyer majority to the regulator’s 17-person board. Four of nine lawyers would be appointed rather than elected.

CBABC supports a single regulator model only if the independence of lawyers from government and self-regulation is maintained. This legislation fails in that regard. CBABC supports some aspects of the legislation, such as the creation of an Indigenous Council. However, fundamental flaws should have been addressed before it was passed.

When the Law Society of BC confirmed plans to move forward with litigation, CBABC took steps to initiate the CBA Intervention Policy protocol.

Lawyers from McCarthy Tétrault, Connor Bildfell, Michael Feder, KC and Lindsay Frame, have been retained as counsel. We expect the application for leave to intervene will be heard this fall and the main hearing to be scheduled for 2025. Chief Justice Skolrood has been appointed as the Case Management Judge.

The CBA intervenes when doing so would constitute a significant contribution and would avoid restating arguments already advanced by the parties. CBA believes it is appropriate to intervene when it advances a position that is consistent with its policies or has broad-based support throughout the CBA.

Since this single regulator concept was introduced in 2022, CBABC has been engaged on behalf of our members — we delivered written submissions, held member consultations and met with the Law Society, the Attorney General and ministry representative. After the legislation was introduced, we held further consultation and information sessions and met with BC First Nations Justice Council representatives.

We will continue with these efforts to make sure that regulation of lawyers makes sense and does not negatively impact our ability to provide legal services to the public.

To follow updates, visit cbabc.org/regulation.

The transition to a new single regulator advances. Transitional bodies have been appointed to work with the Law Society, the Notaries Society and other partners on the implementation of the Act. These include a board, an Indigenous council and an advisory committee. It is anticipated the transition process will take 18-24 months.