Dear CBABC members,
Today, the Supreme Court of British Columbia released its decision on the constitutional challenges to the Legal Professions Act.
Overall, the Court upheld the legislation. In his decision, Chief Justice Skolrood said:
In summary, I find that Bill 21 does not improperly undermine the independence of the Bar and is not ultra vires the provincial legislature. Nor does it violate the Charter. The actions of both the LSBC and the TLABC are dismissed.
What the Court decided
The three central questions before the Court included: whether the independence of the bar is constitutionally protected; whether lawyer self governance is required to preserve that independence; and whether aspects of the Act infringe the Canadian Charter of Rights and Freedoms.
In the decision, the Court found:
Independence of the bar:
Importantly, the Court held that the independence of the bar is an unwritten constitutional principle. However, it concluded that the LPA does not undermine that independence as it does not interfere with lawyers’ ability to fulfill their duties as independent advocates.
Self governance and regulatory structure:
The Court rejected the argument that lawyer self-governance, including a regulator controlled by a majority of elected lawyers, is constitutionally required. While self-regulation has historically been the policy choice in B.C., the Court found that the new governance model does not amount to government control of the profession and does not unduly impact lawyer independence.
Charter issues:
The Court dismissed all Charter claims, including arguments based on the right to associate; the right to life, liberty, and security of the person; and unreasonable search and seizure.
In some comfort to CBABC members, Chief Justice Skolrood noted the government “offered no clear rationale for the significant changes brought about to the regulation of lawyers under Bill 21 or to the jettisoning of the long-established practice of consultation and collaboration with the legal profession about changes to their governing legislation” and observed that “the inability, or failure, to justify overturning 150 years of self-regulation, in the face of widespread opposition from the Bar, is notable.” (see paras 74 and 79)
What this means for lawyers
LSBC or TLABC may file an appeal of the decision. In the meantime, this decision clears the way for the transition to the new regulator, Legal Professions BC, anticipated to occur between July 2027 and January 2028.
At its core, the decision confirms that lawyers provide independent advice and fearless advocacy in service of the public, and “the right to impartial advice free from undue outside influence is a right that belongs to clients” (para 107).
What comes next
We are monitoring next steps closely, including potential legislative responses, implementation or transition impacts as well as any appeal of the decision. CBABC expects to make submissions to Legal Professions BC when it begins consultation on the new Rules this summer and will continue to engage on the scope of practice for regulated paralegals. We will continue to keep you informed and provide opportunities to engage as this evolves.
Thank you to the members who contributed their expertise on this important issue and to McCarthy Tétrault counsel, Michael A. Feder, KC, Connor Bildfell, Lindsay Frame and Nico Rullmann, who represented the CBA in the intervention.
Sincerely,
Patricia Blair
CBABC President 2025/26