Dear CBABC members,
As the newly elected B.C. government begins its work, we look forward to collaborating on matters affecting the legal profession in British Columbia.
In particular, we welcome dialogue with the government on the Legal Professions Act and their commitment to repeal the changes that undermine the independence of the bar and self-governance. Throughout, our position on the issue has been clear and consistent. We support a single regulator, provided the independence of the bar and our ability to serve clients without government interference are protected.
Below, we summarize our existing position on this important issue and the path forward.
Getting the regulatory framework right
In a constitutional democracy like ours, clients must be able to count on their lawyers for independent advice and fearless advocacy, free from any government interference. That independence is not a professional privilege; it is a public right that serves the public interest. And it sits at the heart of a fair and effective justice system. After all, British Columbians’ rights are worth little without an independent bar to defend them.
In the BC Supreme Court’s decision on the constitutionality of the LPA, the Court recognized the independence of the bar as an unwritten constitutional principle.
For us, protecting that essential independence requires lawyers to remain self-regulated, with a substantial lawyer majority on the board of any legal regulator.
We also continue to support the creation of an Indigenous Council with a meaningful role in developing the rules and processes that affect Indigenous legal professionals and clients, and in guiding the regulator’s ongoing Reconciliation work. That Council should itself be independent from government and include a majority of Indigenous lawyers.
A role for regulated paralegals
We support a role for properly qualified and regulated paralegals. However, expanding the role of paralegals alone will not meaningfully address the barriers British Columbians face in accessing justice. Greater investment in family law legal aid representation, access to technology and modernized court services would have a much greater impact.
Earlier this year, we delivered a submission to the Ministry of Attorney General on the proposed scope of practice for regulated paralegals, raising concerns about the proposed areas of practice and emphasizing that complex legal matters require competencies equivalent to those of lawyers to protect the public.
An opportunity for meaningful dialogue
We welcome the opportunity to work with the newly elected B.C. government on the future of legal regulation.
When Bill 21 received Royal Assent in May 2024, only 30 of its 317 clauses had been debated, despite calls from our association for more time for lawyers and the public to provide input. The BC Supreme Court later expressed concern that the government had departed from its “long-established practice of consultation and collaboration with the legal profession about changes to their governing legislation.” That practice of consultation and collaboration is an essential component of self-governance.
In a September 29 letter to us, the BC Conservatives committed to “repeal the NDP’s 2024 Legal Professions Act changes that undermine the profession’s independence and self-governance”, noting that “[a]n independent bar and judiciary are the backbone of the rule of law.”
How or when the government intends to implement that commitment is not yet known. But whatever comes next, meaningful consultation with the legal profession must be part of the process, with sufficient time to get the regulatory framework right.
The appeal continues
At the request of the parties, the BC Court of Appeal postponed the hearing of the appeal from the BC Supreme Court’s decision on the LPA until early 2027.
The CBA continues to participate as an intervener, bringing the perspective of a national organization representing lawyers across Canada from all areas of practice. Our position is that independence of the bar requires, at minimum, structural protections that ensure lawyers are—and are reasonably perceived to be—independent.
We will keep you informed as we continue to advocate for a strong, independent bar. As always, if you have a perspective to share, I would love to hear from you at advocacy@cbabc.org.
Connor Bildfell
CBABC President, 2026–27