President Connor Bildfell emphasized that lawyers must continue to be self-regulated
The Canadian Bar Association’s British Columbia branch has invited dialogue with the newly elected provincial government in relation to BC’s Legal Professions Act.
Last week, CBABC president Connor Bildfell released a statement that summarized the organization’s position on the Act, which was passed in 2024 and would establish a single regulator governing lawyers, notaries, and paralegals. Bildfell is among the lawyers representing the CBA on its intervention in the Law Society of BC’s challenge of the Act’s constitutionality; the unresolved litigation has resulted in the LPA not being fully implemented.
The BC Court of Appeal has delayed the hearing of the appeal from the BC Supreme Court’s LPA judgment until early next year in accordance with the wishes of the parties involved in the litigation. The CBA remains an intervener in the case.
The CBABC president told Canadian Lawyer in September that the Act is among the most significant challenges for BC lawyers. In a November 3 statement to members, he noted that Bill 21 received Royal Assent even through the CBABC had asked for an extended consultation period. Just 30 out of 317 clauses were debated.
Bildfell emphasized that lawyers must continue to be self-regulated.
“In the BC Supreme Court’s decision on the constitutionality of the LPA, the Court recognized the independence of the bar as an unwritten constitutional principle. For us, protecting that essential independence requires lawyers to remain self-regulated, with a substantial lawyer majority on the board of any legal regulator,” he said in the November 3 statement.
Bildfell revealed that in a letter dated September 29, the BC Conservatives acknowledged the key role of an independent bar and judiciary in maintaining the rule of law. The group committed to repealing the LPA.
“How or when the government intends to implement that commitment is not yet known. But whatever comes next, meaningful consultation with the legal profession must be part of the process, with sufficient time to get the regulatory framework right,” he said.
Bildfell stressed that under Canada’s constitutional democracy, government interference should not be a concern for lawyers as they advise and advocate for clients.
“That independence is not a professional privilege; it is a public right that serves the public interest. And it sits at the heart of a fair and effective justice system. After all, British Columbians’ rights are worth little without an independent bar to defend them,” he said.
Bildfell added that the CBABC remained supportive of establishing an Indigenous Council that is separate from government and is composed of mostly Indigenous lawyers. This council would contribute to the development of rules and processes impacting Indigenous legal professionals and clients as well as assist in the CBABC’s current Reconciliation efforts.
Regulated paralegals
Bildfell also reiterated that earlier this year, the CBABC had made a submission to the Ministry of Attorney General regarding the pitched scope of practice for regulated paralegals. The submission flagged issues with the suggested areas of practice and indicated that in service of the public, complex legal matters must be handled by those whose competencies equalled the competencies of lawyers.
“We support a role for properly qualified and regulated paralegals. However, expanding the role of paralegals alone will not meaningfully address the barriers British Columbians face in accessing justice. Greater investment in family law legal aid representation, access to technology and modernized court services would have a much greater impact,” he said.
Bildfell became president of the CBABC on September 1.
