The BC government is proud of new legislation for people seeking legal assistance, but outraged trial lawyers are ready to take the legislation itself to court.The province introduced Bill 21 the Legal Professions Act on April 10 to help people navigate the legal system without lawyers.The proposed bill will bring legal professions under a new single regulatory body and, depending on the legal matter, offers people the choice of hiring a lawyer, a notary public, or a new designation called a regulated paralegal to assist them.“When you need legal assistance, you shouldn’t have to choose between straining your finances or navigating a complicated legal matter on your own,” said Niki Sharma, Attorney General. “We’re giving more people more options and helping level the playing field for people trying to resolve their legal issues.”The legislation includes enhancements for indigenous peoples as legal professionals and as clients. There will be a minimum requirement for indigenous membership on the regulator’s board and a new indigenous council will work in collaboration with the board and staff to advance efforts toward reconciliation. The regulator will be empowered to resolve concerns based on restorative processes, influenced by indigenous practices.“The existing legal regulation has failed indigenous people for far too long,” said Kory Wilson, chair, BC First Nations Justice Council (BCFNJC).Under the bill, a new category called a regulated paralegal will handle certain legal matters independently. Previously, paralegals could only provide legal services under the supervision of a lawyer. A working group will provide recommendations about what legal services the new profession should provide.Lisa Trabucco, a research professor with a focus on legal paraprofessionals, has been appointed as chair of the working group.Trabucco, assistant dean, Professional Programs and Community Services, Windsor Law, says it's good that paralegals are more empowered.“Paralegals already perform a variety of legal work and my research reveals that regulated paralegals are capable providers of legal services. This new legislation will give regulated paralegals independence, so they can help more people with their legal problems and make justice more accessible.”The scope of notaries public will also be expanded to cover more day-to-day legal matters, such as helping clients with the probate process or preparing wills that have a life estate component.The Trial Lawyers Association of British Columbia (TLABC) President Michael Elliott slammed the bill in a press release.“The BC NDP Government introduced a disturbing bill to end lawyer independence and politicize the legal system,” said Elliott.“Bill 21 is an egregious assault on the principle of lawyer independence, which is fundamental to the legal professions’ integrity and the justice system at large. Lawyer independence ensures we can serve our clients without government interference, maintaining the trust that is paramount to our work. Bill 21 is about one thing, government control over the legal system and the professions working in it,” said Elliott.Bill 21 ends the elected-lawyer majority that currently exists on the Law Society of BC’s board. Just five of seventeen board seats will be elected lawyers under the new regulatory structure and the remaining twelve board seats will be direct or indirect government-appointments.In comparison, in Ontario’s single legal regulator model, the board has forty elected lawyers, eight government appointments, and five paralegal representatives.“Stacking the board with BC NDP Government-appointed insiders. The end of lawyer self-regulation in BC. Political control over lawyers practising in BC. That’s what Bill 21 is designed to do," said Elliott."It is alarming that such an extreme attack on the independence of lawyers and the legal system has been introduced by a government that has already shown propensity for government overreach."Within the last year, both the Attorney General and the Premier have been criticized publicly in statements by the Law Society of B.C. and the Canadian Bar Association, B.C. Branch for “interfering with the independence of the judiciary and the Rule of Law" and actions that “tread on interference with the administration of justice by politicizing justice issues.”“Moreover, the manner in which this reform is being introduced — without transparency, clarity, or ample consultation with those it will affect most — fits a pattern of contempt from this government for engagement with the public,” said Elliott.Further, TLABC is concerned that the Indigenous Council created by Bill 21 would be largely government-appointed and not selected or elected entirely by First Nations or leading, representative First Nations organizations.TLABC is taking steps in coordination with leading legal organizations across BC and Canada to prepare for a constitutional challenge to Bill 21 if it receives Royal Assent.This year, the BC government has also expanded legal aid for people experiencing family violence, launched a new service to help people whose intimate images have been shared without consent and opened five new Indigenous justice centres.
