Advocacy in Action | December 2022

 

December 2022

CBABC continues to strive to modernize the justice system, advocate for funding to support infrastructure and training and bring members’ experience to decision-makers’ attention.

REGULATION OF THE LEGAL PROFESSION

In November 2022, CBABC responded to the Ministry of Attorney General’s Intentions Paper, which outlines proposed reforms to the regulation of the legal profession in BC. The six broad categories for reform include a single statute to regulate all current and future regulated legal service providers.

CBABC has been a long-time supporter of a single regular model to ensure efficiency and congruence in the regulation of lawyers, notaries, and paralegals. However, this is conditional on maintaining self-regulation and setting strong parameters for the scope of practice, criteria for education and competencies, an effective investigation and discipline framework, and satisfactory insurance coverage. Additionally, CBABC does not accept the premise that the proposed regulatory changes will impact access to legal services as the Ministry asserts or desires.

In October, CBABC held a series of roundtables for lawyers throughout BC–members and non-members — to provide their thoughts on the proposed reforms. Our Provincial Council and several Committees and Working Groups also provided input, including the Professional Issues Committee and Access to Justice Committee. We are grateful to all who provided their views in the preparation of this submission.

To provide further meaningful and concrete recommendations, we have asked to be included in the continued development of the legislation, regulation, and rules as more specific ideas emerge.

VIRTUAL CHAMBERS

When the return of in-person Chambers was announced, CBABC responded in October 2022 by asking the Supreme Court of BC to move to virtual Chambers hearings for short matters in civil and family law proceedings, with the ability to obtain in-person appearances where circumstances warrant.

This would improve access to justice and transparency, modernize the courts, adhere to invested resources, and encourage further investment in the legal sector.

COURT USER EXPERIENCE SURVEYS

In October 2022, CBABC prepared a submission to the Ministry of Attorney General encouraging the Court Services Branch and the Courts to develop and implement court user surveys. This information would increase innovation and access to justice. Collecting information directly from court users would help court administration identify access issues  and potential solutions, and improve public trust and confidence in the courts.

MODERNIZING BC’S FAMILY LAW ACT

CBABC made recommendations in September 2022 to the Ministry of Attorney General in response to Phase 1 of the provincial government’s review to modernize the Family Law Act, with specific emphasis on property division and spousal support. Among CBABC’s recommendations include eradicating the presumption of advancement, including provisions that deal with pet custody, and codifying the test built up in the jurisprudence that defines a marriage-like relationship.