The Canadian Bar Association is an intervenor in the Law Society of BC and the Trial Lawyers Association of BC's constitutional challenges to the Legal Professions Act.
Supporting all orders set out in the notices of application, the CBA argues that the Act unconstitutionally interferes with lawyer-client relationships and erodes protections for the independence of the bar, including its ability to self-regulate. This interference prevents lawyers from fulfilling their constitutionally protected role within the justice system, undermining public confidence and access to a free and fair justice system.
Stay up to date on the litigation with the timeline below.
Day 5
Oct 20, 2025
The court heard cross-examination of Dr. Poonam Puri, an expert in governance and public policy offered by the Law Society of BC. TLABC then concluded its submissions arguing that the LPA undermines s 7 and 8 Charter protections in how it proposes to address the mental health of lawyers introducing mandatory disclosure and coercive treatment measures that conflate mental illness with incompetence. Further, the new regulator—dominated by non-lawyers and government appointees—would enable warrantless searches of lawyer premises, compelled disclosure of privileged information, and forced medical examinations or treatment without judicial or medical oversight
TLABC argued that none of the infringements can be justified as reasonable limits in a free and democratic society. Less intrusive alternatives—such as suspension powers and existing Law Society mechanisms—already achieve public-protection goals without undermining constitutional rights or professional independence. TLABC is represented by Gavin Cameron, Tom Posyniak and Laura Abrioux.
Day 4
Oct 17, 2025
The court heard the cross-examination of Dr. Philip Girard, a legal historian expert witness for the Province. The Law Society of BC then concluded its submissions. LSBC's counsel are Craig Ferris, KC, Laura Bevan, Jonathan Andrews and Nicole Welsh.
Throughout this week, Chief Justice Skolrood actively engaged counsel with questions. In particular, he explored the distinction between individual and institutional lawyer independence, the implications of the co-governance model with the Indigenous Council, and the tension between government policy objectives and the need to preserve an independent legal profession.
TLABC began its submissions by highlighting the relevant law under sections 2(d), 7, 8, 10 (b) and 11 (d) of the Charter. Next week TLABC will continue its argument that the LPA violates the Charter.
Day 3
Oct 16, 2025
The Law Society of BC argued that the new LPA's co-governance model with the Indigenous Council goes beyond consultation and may effectively transfer core regulatory powers to non-lawyers, contrary to the constitutional principle of an independent bar. LSBC distinguished between voluntary Reconciliation efforts and legislated mandates, arguing that the latter compromise lawyer independence, especially when lawyers may be required to litigate on these very principles.
LSBC contended that the LPA removes the public-interest mandate by excluding references to the administration of justice and duties to the court and that these omissions alter the regulator’s purpose from protecting the public interest to implementing government policy.
Day 2
Oct 15, 2025
The Law Society of BC reviewed the evidence about legal self-governance in Canada and the “business” of self-regulation in British Columbia—its governance by elected Benchers, rule-making authority and proactive regulatory initiatives. LSBC argued that provincial legislatures are constitutionally constrained from enacting laws that erode independence of the bar. Further, LSBC argued the current model has effectively served the public interest with no evidence of regulatory failure to justify the creation of a new government-led regulator.
Day 1
Oct 14, 2025
Chief Justice Skolrood began hearing arguments on the constitutional challenges to the Legal Professions Act. The Law Society opened submissions framing the case as engaging the unwritten constitutional principle of an independent bar, essential to the rule of law and the administration of justice. LSBC said meaningful self-regulation requires that lawyers choose their own governing body of lawyers. Without self-regulation, institutional safeguards fall short of protecting the independence of lawyers from government influence.
LSBC is anticipated to continue its submissions through Oct 17. TLABC begins next week.
Oct 3, 2025
The Law Society of BC and the Trial Lawyers Association of BC submitted their reply arguments
Sep 26, 2025
The Attorney General of BC stated in a letter that the Legal Professions Act will not take effect while the chief justice's decision is under reserve
Sep 15, 2025
The Province has submitted written arguments
Jul 31 - Aug 21, 2025
Plaintiffs and intervenors, including the Canadian Bar Association, have submitted written arguments in the constitutional challenges to the Legal Professions Act.
May 23, 2025
Province of BC submits its response to Law Society of BC and Trial Lawyers of BC applications
Apr 4-22, 2025
Feb 25, 2025
Supreme Court of BC releases
Jun 17, 2024
Supreme Court of BC releases Decision on Injunction
Jun 7, 2024
Province of BC responds to and
May 17 & 21, 2024
and submit Notices of Civil Claim to the Supreme Court of BC
