Law Society appeals decision on Legal Professions Act legislation

The Law Society of BC has filed a notice of appeal of the April 29, 2026 decision of the Supreme Court of BC dismissing our challenge to the constitutionality of the Legal Professions Act.

Chief Justice Skolrood concluded that the independence of the Bar is an unwritten constitutional principle that has both an individual and institutional component. He held that “Independence of the Bar is not an abstract concept but rather manifests itself in the work that lawyers do to advance and protect the interests of their clients” and “lawyers cannot be said to be truly independent if they are subject to regulation by a body which is itself controlled, or unduly influenced, by outside forces, particularly those exerted by the state.”

The case turned on whether the Court found the Act undermines the independence of the Bar, such that it is unconstitutional. Chief Justice Skolrood dismissed the Law Society’s challenge.

In our view, taken as a whole the provisions of the Act create a new regulatory model that undermines the independence of the Bar. Under the new model, a concerning amount of external control and influence over the regulation of the legal profession will put the public’s right to impartial legal advice at risk.

The provincial government has maintained that an aim of the legislation is to increase public confidence in the regulation and oversight of lawyers, and to increase access to justice. However, the decision noted that the government offered no clear rationale for the significant changes the Act brings to the regulation of lawyers and failed to justify why it was overturning 150 years of self-regulation, in the face of widespread opposition from the Bar.

The impact of this decision on the public’s right to impartial legal advice free from external influences, and the importance of upholding the rule of law, are of such fundamental importance that the Law Society believes further consideration by the appellate courts is warranted.

The Law Society remains committed to its statutory mandate to protect the public interest in the administration of justice and will continue to provide updates as the appeal proceeds.

See previous statement: Law Society considers next steps after Legal Professions Act upheld in court