Premier David Eby will not have to field questions from the Trial Lawyers Association of 小蓝视频 ahead of a trial that challenges new provincial legislation governing the legal industry, according to the province’s top judge.
小蓝视频 Supreme Court Chief Justice Ronald Skolrood ruled Tuesday that “good law” is behind the government’s assertion their top minister ought not to be compelled to submit to discovery.
before the court that Eby, a lawyer before his political career, understands the fundamentals behind the Legal Professions Act since he was 小蓝视频’s attorney general before becoming premier in November 2022.
The association pointed out that an underlying procedural principle is that the court does not interfere in a litigant’s choice of witness.
But the government, via the attorney general’s office, opposed the association’s proposal and applied to set aside the discovery. Instead, the office offered for discovery government lawyer Katharine Armitage, who worked full-time on developing the bill from January 2022 to May 2024.
The government pointed out that in 1985 the court ruled the education minister need not participate in discovery in a case involving the teachers’ union because a “knowledgeable alternative” existed, and this prevents a minister from having to submit to discovery on “endless” litigation against the government.
This case is still considered “good law,” wrote Skolrood.
“Here, I am not satisfied that there are special circumstances that require Premier Eby to be subjected to examination for discovery, in either his current role or in his former role as Attorney General. There are no allegations made against Mr. Eby in respect of his personal conduct and, as the defendants submit, the constitutional issues in the litigation will turn on the impacts of the [Legal Professions Act] on the regulation of lawyers.
“I am satisfied that that knowledge rests not with Mr. Eby but with Ms. Armitage, the discovery representative proposed by the defendants.”
The trial is set for several days this October.
The Legal Professions Act creates a new regulatory body for not just lawyers but notaries and paralegals. which has launched its own challenge, set to be heard by Skolrood concurrently.
The Trial Lawyers Association of 小蓝视频 of the legislation because they say it infringes on the independence of the bar by eliminating self-governance and self-regulation of lawyers.
Under the new 17-member board, lawyers will retain a slim majority of nine members.
Attorney General Nikki Sharma has claimed the government is “stepping back” by discontinuing the attorney general from being on the new board, while also appointing a smaller ratio of government appointees. The new board, however, might include notaries, paralegals and more public members who may also be lawyers.
Another concern from the society is how within the new regulator seemingly comes before ensuring lawyers control the regulator.
Bill 21 provides that at least seven of the 13 transitional board and Indigenous council members be Indigenous while there is no requirement they be lawyers.
“As a result, Bill 21 provides that the first rules governing the practice of law and conduct of lawyers in British Columbia post-transition to a new regulator will be established by non-lawyers,” the society claims.
