Federation of Law Societies raises concerns over BC’s Legal Professions Act

The Federation of Law Societies of Canada has raised significant concerns about the potential erosion of independent regulation within British Columbia's legal professions following the introduction of Bill 21, the Legal Professions Act.

This legislation, proposed on April 10 by the Government of British Columbia, seeks to establish a single regulatory body to oversee lawyers, notaries public, and regulated paralegals.

As the national body representing the 14 provincial and territorial law societies tasked with regulating Canada's legal profession, the Federation collaborates with these entities on national issues affecting legal regulation and public interest. It also plays a pivotal role in shaping collective action and decision-making.

After a preliminary review of Bill 21, the Federation echoed the Law Society of British Columbia's concerns that the legislation does not adequately protect the independence of the legal professions and their regulation, which are crucial to upholding democratic principles. In a statement, the BC Law Society stated, “Bill 21 fails to protect the public’s interest in having access to independent legal professions governed by an independent regulator that is not constrained by unnecessary government direction and intrusion.”

The Federation's president, Erin Kleisinger, KC, highlighted the importance of consultation in the regulatory process. In a prior correspondence with the BC Attorney General earlier this year, Kleisinger urged the government to seek meaningful input before finalizing the proposed framework. “Now that the bill has been tabled, it will be important for the democratic process to play out in a way that allows robust consultation and debate on its specific provisions,” said Kleisinger.

Furthermore, Kleisinger warned of the national implications of undermining the legal profession's autonomy, stating, "Legislative intrusion upon the independence of the legal professions has serious national implications. The Federation will be consulting with its members as it considers a possible further response to the Bill."