The Law Society of B.C. says it plans to still challenge the constitutionality of the province's new regulatory body, the Legal Professions Act, despite a judge recently dismissing an injunction application.
The society that regulates lawyers was seeking an injunction to suspend the transition to complete the Legal Professions Act, or Bill 21, until the constitutional challenge could be heard. The Law Society of B.C. first announced legal action in May.
But in a decision posted Wednesday (July 17), judge Miriam Gropper said that while the plaintiffs, the Law Society of B.C. and the Trial Lawyers Association of B.C., did have a serious issue that could be tried, they did not establish that irreparable harm will happen without an injunction. Gropper dismissed the injunction.
The law society argued that the bill is inconsistent with the independence of the bar and is unconstitutional as a result.
“Bill 21 ends the self-governance of the legal profession, circumscribes the mandate of lawyers’ governing body, and gives Cabinet the power to regulate lawyers. It is inconsistent with the independence of the bar and unconstitutional as result," the document reads.
The new board will consist of 17 directors, 14 of which are legal professionals. Lawyers will directly elect five of the 17 directors and the majority of the other directors will appoint four more lawyers. This means a majority of directors will be lawyers. But only five of them — a minority — will have been elected by lawyers themselves.
The province says the Legal Professions Act won't result in the state interference with anything that affects lawyers' advice or advocacy.
Gropper said she didn't find that the plaintiffs established that irreparable harm would result from the enforcement of the transitional provisions, adding that those provisions also do not threaten the existence of the law society.
Only a few provisions of the act are currently in force, specifically for a transitional planning process. The transitional provisions are meant to establish a transitional board, Indigenous council and advisory committee.
The province has said the transitional planning process is likely to be complete 18 to 24 months from now.
In April, the Ministry of the Attorney General announced the proposed Legal Professions Act. The act would bring legal professions under a single regulatory body, and depending on the legal matter, would allow people the choice of hiring a lawyer, notary public or a regulated paralegal to assist.
The province said that under a single regulator, the three professions would maintain their independence from the government. An independent tribunal would also be established to impartially hear disciplinary cases involving legal professionals.
Following the introduction of the bill on April 10, the law society wrote to the attorney general to urge the government to reconsider proceeding with the Law Professions Act without significant amendment. The bill received Royal Assent on May.
The Law Society says it expects the first stage of its court challenge to take place in early 2025.
– With files from Wolf Depner
