Amendments to the Legal Profession Act

On April 30 the Attorney General introduced a second Miscellaneous Statutes Amendment Act for this year, which includes two minor amendments adding new sections to the Legal Profession Act. These amendments are consequential to Provincial Court Act amendments establishing the position of “part-time judicial justice.”

Many or all of the persons holding that office are also part-time lawyers and members of the Law Society. A new section 1.1 of the Legal Profession Act preserves the judicial independence of part-time judicial justice by stipulating that the Act does not apply to them while sitting as judicial justices.

A new section 26.1 gives statutory force to the current protocol between the Law Society and the Provincial Court regarding exchange of information concerning investigations of complaints about lawyers who are also judicial justices.

These consequential amendments are expected to receive Royal Assent in the coming days. When passed, the provisions will be effective retroactive to April 1, 2008.