Last week, the B.C. Supreme Court handed down its decision to dismiss an application to temporarily halt the government's ability to act upon certain provisions within the recently passed Legal Professions Act.

Formerly Bill 21, the Legal Professions Act received royal assent back in May, granting the province sweeping powers over how lawyers, paralegals, and notaries will be regulated.

Critics of the act include B.C.’s two centre-right parties, the Conservative Party of B.C. and BC United, as well as legal groups such as the Law Society of B.C. and the Trial Lawyers Association of B.C. (TLABC), who collectively filed for injunctive relief from the act before a Notice of Civil Claim could be heard by the Supreme Court.

Trial Lawyers Association of British Columbia has Filed Notice of Challenge to the Legal Professions
Act (2024) – read our full statement: https://t.co/WIydE7oyFr #bcpoli #bill21#BClegal pic.twitter.com/3tJxQQ14E7

— TLABC (@tla_bc) May 21, 2024

The group of trial lawyers submitted their application saying that the act is unconstitutional, undermines legal independence, violates the people’s rights to "obtain effective counsel without state interference," and other concerns, including the possibility that the act could lead to the "unreasonable search and seizure of lawyers’ premises."

In contrast, B.C.’s Attorney General, Nikki Sharma, claims the act will "give more people more options and level the playing field for people trying to resolve their legal issues."

This promise is met with skepticism by some legal professionals.

"This is a radical gesture; it’s a radical power move by the government," criminal defence lawyer Jim Heller told Rebel News when discussing his concerns over the legislation.

Heller believes the act is consistent with a pattern of government overreach unfolding in B.C., including the B.C. NDP’s highly contested Bill 36, the Health Professions and Occupations Act (HPOA), and ICBC's no-fault insurance.

All Canadians concerned about medical freedom should be keeping an eye on British Columbia’s new Health Act Bill 36. https://t.co/tGuGkDXKhM

— Drea Humphrey - Prepping and Politics (@DreaHumphrey) February 26, 2023

"It seems to be part of a program that this NDP government feels compelled to implement wherever they can," says Heller.

Shortly after the Supreme Court decided to dismiss the application without prejudice to the plaintiffs, and with allowance "to reapply if there is a material change in circumstances," the Law Society released a statement pledging that they would proceed with a constitutional challenge of the act.