Statement on upholding the independence of the courts

The Law Society of British Columbia is concerned by the provincial government’s stated intention to amend the Declaration on the Rights of Indigenous Peoples Act (DRIPA) in order to limit the role of the judiciary in matters related to reconciliation.

The government’s announcement was made following the Cowichan Tribes v. Canada decision, which they publicly disagreed with and appealed. The government has announced that it intends to change DRIPA in a way that will constrain the role of the courts in interpreting the legislation. Meaningful access to the courts is foundational to a democratic society so the public can seek a judicial review to defend legal rights and resolve concerns, including those relating to government and laws. Interpreting legislation is a core function of our courts by Constitutional design.

While governments are entitled to disagree and appeal court decisions, politicians must take great care when commenting on judicial decisions and must avoid asserting or implying that courts are not properly playing their role. Doing so decreases public confidence in the justice system.

Courts are often called on in litigation to interpret government legislation. If government disagrees with the court’s interpretation, they are free to appeal the decision or to amend the legislation. They should not blame the courts for interpreting the legislation, which is their role, nor attempt to deprive Canadians of access to their courts.

The Law Society serves the public interest by regulating the competence and integrity of legal service providers, promoting the rule of law and lawyer independence, and improving access to legal services. The integrity of our role, and that of the entire justice system, relies on a strong democracy and the independence of the judiciary from government.

The Law Society urges the BC government to reconsider making any proposed legislative changes that would limit access to independent courts.