Canadian Bar Association, BC Branch has been in consultation with members on the future regulation and governance of the legal progression since the release of the Cayton Report last December. With the Intentions Paper now released, we will continue our consultation with members in October to prepare a submission by the deadline of November 18.
CBABC has long been supportive of a single regulator of lawyers, notaries and paralegals as that would allow for better co-ordination and regulation of the professions who provide different kinds of legal services. The scope of practice, education, practice standards and insurance required is best addressed in a single model so that we avoid inconsistent regulations and rules.
Lawyers must continue to be self-governed and self-regulated to establish the framework for entry to the profession, the standards professionals must meet, and the investigation and consequences when standards are not met. In these ways a regulator protects the public to ensure services are delivered competently.
CBABC will be asking lawyers several questions arising from the Intentions Paper including, “how should we define the practice of law?”, “what should be the scope of practice for each profession?”, “how should paralegals be regulated?” and, “how many lawyers should be on the governing board?”
CBABC differs with government on its assertion that having a single regulator of legal services will have a significant impact on access to justice. The biggest opportunities to increase access to justice for more people, at a lower cost, and with a better experience, include investments in family law legal aid, digital transformation of the courts and tribunals, and public legal education to prevent disputes and increase self-directed resolutions.