Law Society considers next steps after Legal Professions Act upheld in court

In October 2025, the Law Society of BC and the Trial Lawyers Association of BC challenged the constitutionality of the Legal Professions Act during a summary trial before Chief Justice Skolrood in the Supreme Court of BC. Our litigation was initiated over deep concerns that the Act fails to ensure the independence of lawyers, a fundamental democratic principle.

In a decision released on April 29, 2026, it is important to note that Chief Justice Skolrood held that the independence of the Bar is an underlying constitutional principle. However, he dismissed both claims from the Law Society and TLABC, stating that “I am not satisfied that the new regulatory structure is unconstitutional … I find that Bill 21 does not improperly undermine the independence of the Bar and is not [beyond the powers of] the provincial legislature. Nor does it violate the Charter.”

During the trial, the Law Society argued that independence from government is essential to the rule of law, the administration of justice and public confidence in B.C.’s legal system.

“This case was about protecting the ability of lawyers to serve their clients without government intrusion and ensuring that regulation of the profession remains focused on protecting the public interest in the administration of justice. This decision does not change that position,” says Law Society President Thomas L. Spraggs. KC.

The Law Society remains deeply concerned about the Act and we are reviewing the decision to consider next steps, including a possible appeal, as well as how the decision may impact the public and the legal profession.