Should Government Be Able To Rewrite The Rules For The Law Society?

 

Government changing the rules for how lawyers are regulated sounds technical until you ask one blunt question: can a legal system stay fair if the bar is not independent from the state? We dig into British Columbia’s Bill 21 (the Legal Professions Act) and the ongoing court challenge over whether the independence of the legal profession is a constitutional requirement, not just a tradition. When the government is a frequent opponent in civil claims, Charter litigation, and criminal prosecutions, who should control the regulator that sets lawyers’ rules and discipline?

A key development lands before the main appeal even starts: twelve different organizations apply to intervene at the BC Court of Appeal. We explain the test for intervention, the difference between a direct interest and public interest standing, and why the court decides these groups can add useful perspectives without turning the hearing into a free-for-all. The interveners range from national legal bodies to groups raising issues like DRIPA implementation, an Indigenous council within the proposed scheme, and serious concerns about a regulator potentially compelling medical or mental health treatment.

Then we shift to a tragic negligence lawsuit from a municipal pool in Burnaby, where a four-year-old fell from the side of a three-metre diving board during “playtime” in swimming lessons. We unpack the standard of care for instructors, what the judge finds negligent, and how Canadian damages work, including the cap on non-pecuniary damages and the much larger numbers tied to loss of future earning capacity. If you care about public law, civil liability, and how courts actually reason, subscribe, share the episode, and leave a review with your biggest question from the cases.

 

Legally Speaking with Michael Mulligan is live on CFAX 1070 every Thursday at 12:30 p.m. It’s also available on Apple Podcasts or wherever you get your podcasts.