
Today is the first day of the
BCSC Law Society of British Columbia (LSBC) trial, and I hope, for both my
sake, and the sake of British Columbia, that the rump remnants of the
LSBC and Trial Lawyers Association of British Columbia (TLABC) lose. Moreover, I do not care if the rump remnants of
the LSBC, or TLABC, or any hectoring or censorious professional
quarter, do not like hearing it, and am prepared to wear for all
eternity having said so. First, though, an important preface: British
Columbia, Canada, is actually the greatest polity in the world.
Skookum, better, more enlightened, our Constitution is good, our
Courts (especially our Supreme Court) are honourable and intelligent,
we are generally, though not exclusively, good neighbours and
gracious guests of the First Nations here, and we generally enjoy a
stable existence which we should seek to cherish and preserve. That
cannot be said of everywhere, and I am glad to be scrabbling on the
bottom of the heap fighting with the Crown and legal regulator here,
than to be on the top of the heap elsewhere. With that said, I am for
the legislative transcendence of this institution, the LSBC. It is a
bad institution, perhaps the worst institution I have ever
encountered: cold, stupid, dysfunctional, unfeeling, unintelligent,
tasked with enormous power and responsibility and yet woefully unfit
and incapable for purpose, and all the worse because it conducts
itself entirely at a remove from the overwhelming majority of
communities in British Columbia, sequestered as it is to one
high-rise office in Vancouver with a hostile phone-tree, like a bank.
Its
proponents point to its longevity as proof of its worth. ‘Look at
the mighty oak tree, the LSBC,’ they say, when in point of fact
this institution actively practised completely arbitrary and
capricious racial and ideological exclusion for well over 100 years.
Its membership today are demographically, and sociologically,
descended from the beneficiaries of that exclusion, their being kept
in absolute fiat power over the provision of legal services as a
gated-community unto themselves. When the body of 14,000 licensees
makes a decision on who ought or ought not be included, a membership
which has at least in part been selected for on that basis, that is
intrinsically suspect. Claims that it has since been reformed and
rationalized are greatly exaggerated. In truth it does not even
represent the greater mass of actually practising British Columbia
legal practitioners today. Rather, what actually occurs is that
everybody knows this hulking wreck functions poorly - and only in the
interests of a tiny, extremely affluent minority - is malformed, does
not fulfill its public duty in a rational way, and yet one is
obliged, blackmailed, into silence and obeisance, allegedly because
the alternative might be worse. The present litigation over the new
Legal Professions Act in British Columbia has thwarted and thawed
that conspiracy of silence somewhat. In a piece this past week for
the Vancouver Sun, King's Counsel Peter Gall conceded that "the
Law Society has had decades to meet the access challenge, but has
failed to do so," that the Law Society's own processes take "too
long, [are] too expensive and [are] unnecessarily adversarial,"
and that, ultimately, "the status quo isn't defensible."
Peter A Gall "BC's Legal System is Failing to Serve the Public
Interest" Vancouver Sun, October 9, 2025. I disagree with some
of Mr Gall’s other views and conclusions, but it is nonetheless
astounding all on its own that Counsel of such standing would openly
pronounce the way legal regulation occurs in British Columbia as
effectively moribund. It is not little old’ me, I can say, it is
King’s Counsel Peter Gall. If the LSBC restorationist thugs torture
me and shove bamboo up my nails, I’ll shout, ‘it wasn’t me,
sire, it was Peter Gall KC!’
The
rejoinder that the LSBC as it presently exists is ‘democratic,’
and that no reform ought to take place because it might upset the
precious ‘democracy’ of the LSBC, is risible. The LSBC is at
times led by its membership in the most general and diffuse sense,
but in point of fact it gets led alternately by an extremely
bureaucratic, terse and alegal staff, and a few Olympian Bencher Gods
who descend to attend to the affairs of mere mortals, including law,
basically never. When the membership passes a motion which the
Benchers or staff don’t feel or imagine to be feasible or worth
pursuing, they just don’t, as they haven’t with the member
resolutions on Articling Student protections passed at the last Law
Society AGM. In this respect, some in the profession speak about
shepherding the LSBC as though it were an incredibly unwieldy tanker,
being pulled gradually and precariously by tiny ropes towards
purpose. And, if that is the case, that is not a good institution.
Really, consider, an institution which constantly has to be
apologized for in its incoherence, inability, delay, and irrational
social hierarchy, as in, ‘oh, it doesn’t mean it, it’s just an
impossibly incoherent 155 year old institution, it just needs to be
coaxed,’ is not a good institution. It is insane that this
institution, of this importance, has been trivialized to the point
where complete incapacity is habitually normalized and hand-waved
away.
The
legal community ought to be democratic, absolutely. Indeed, it ought
indeed to have a greater and more expansive democratic mandate than
it presently does, to both inform, educate, and empower the public to
engage with legal life and what the legal system can do. To debate
important legal and societal issues, but to do so from within the
public sphere itself, and not as an in-camera thought-correction
session. Legal professionals, as leaders of the community, ought to
animate and suffuse the most important issues of the day, as they
oftentimes labour at the most trivial. I am not convinced this is
accomplished by the present yearly system of furious closed-doors
debate, leading to ambiguous quasi-referendums on literally the most
important and salient issues of the day, and the legal community’s
orientation towards these questions. This system in fact mystifies
and stupefies, both the profession itself, and certainly the public,
rather than explicates and educates. On the one hand, who elected
this tiny body of 14,000 licensees, alone and apparently apart from
society, to arbitrate and determine questions of such significance?
Is the public comfortable with this purported determination, this
self-assertion (basically ex-nihilo, because the LSBC is so old) of
jurisdiction to adjudicate such questions – to effectively exclude
those who do not pledge fealty to the LSBC and its ideological
horizons from participation in legal life? And, on the other hand,
only a handful of those licensees actually participate in any given
AGM. The question has become too much trying to convince these 14,000
licensees, and even among them a particular caste of networked
cliques, rather than what ought to be the object and aim, convincing
the public, and, more importantly, the Court. I know what the Court
would have said to a number of ill-advised member resolutions over
the past number of years, none of it favourable. And that is
precisely the problem, that Law Society politics has taken on this
para-legal existence, such that one can succeed at law, but not at
LSBC.
Its
detractors wail and cry for the “independence of the bar,” and
the “rule of law.” A few things on this:
(1)
The new Legal Professions Act is not the Draconian cartoon its
detractors make of it. It is actually a legislative document, a piece
of statutory engineering, which succeeds precisely because it
pre-anticipates the values which would be marshalled against it
otherwise, and weaves these into its basic substrate. I’ll give you
an example: in the Trial Lawyers Association of BC suit they have
specifically named Mr Kevin Westell as ‘thee’ Counsel supposedly
and allegedly under threat. In these submissions he is billed as the
everyman journeyman lawyer, and it is menaced that he might be put in
the box, subjected to star chamber procedures, just for zealous
advocacy! Can you imagine? Except Mr Westell isn’t just
Joe-Q-Public everyman lawyer, he also happens to sit on the LSBC’s
disciplinary committee, and has a direct interest in the legitimacy
of a system in which there is no public law obligation to serve the
interests of access to justice, no public law obligation to encourage
and facilitate reconciliation, no particular need to remove barriers
to practice, and not with any particularity for any disadvantaged
groups, and no public law obligation to do so in a timely,
transparent, proportionate way. In other words, Mr Westell has an
interest in precisely the kind of unaccountable star chamber which
the TLABC submissions project onto and decries about the new
Legislation. What the new Legislation actually provides is something
like a disinfectant for unaccountable, star-chamber processes on the
part of the legal regulator, which would mark an unwanted change for
the insiders of the LSBC. I think it is hypocritical to posture as
this impartial practitioner whose Charter rights are menaced, when
you are an active-duty Charter menacer, and I think the submissions
of the Trial Lawyers Association of British Columbia suffer from this
defect. As for the LSBC’s submissions, they too misrepresent and
mischaracterize the new legislation with shallow, falsely heroic
mystifications, little more intellectually grounded than nursery
rhymes. If this were Doug Ford or Danielle Smith going after the Law
Society, I would almost certainly oppose it. But that’s not the
case here, and what the BCNDP Government passed was a piece of
legislation which is strong and defensible because it already knows
and includes and statutorily enshrines all the important values which
legal practitioners care about, and avails them of these provisions
as a shield for them to wield actually against that legal regulator –
to say, ‘here, you must allow me to challenge these authorities
unmolested,’ as though it were an ancient writ. The new Legal
Professions Act actually strengthens, enriches, and codifies all the
liberties which legal practitioners could want to ward off against
unacceptable state intrusion.
(2)
The LSBC is not the knight in shining armour for the principles of
the independence of the bar and the rule of law that it purports to
be when under threat of legislative reform, it just isn’t. And it
is dishonest and malign to pretend, for ulterior purposes, that it is
that kind of institution. The LSBC protects its monopoly over the
provision of legal services, that’s it. Everything it does, from
onboarding legal developments in the Court, to directing and
governing practice, is not structured and geared towards the
promotion and preservation of zealous advocacy, but towards the
promotion of the direct personal interests of licensees, and in
particular its most affluent, well-established licensees. On the one
hand it is easy to say, ‘oh, well it’s vital for the Law Society
to keep the head-choppers and maniacs out of the legal profession,’
or the massive fraud embezzlers, the dupes of foreign money
launderers, and the like, that’s fine, there is obviously a role
for that. But the LSBC goes much farther than that. They are actual
brain-washers, as ludicrous as 60s batman villains henchmen, like,
‘get in the brain-wash box.’ It is not enough for them to be
qualified, it is necessary to swear fealty. It exists on the moral
spectrum well above cult, and a few notches above mafia, but
nonetheless well short of what one would expect when one hears the
phrase ‘legal regulator.’ It is country-club, basically. A
dressed up country-club, certainly, a nice country club, but
nonetheless a country-club, and one which functions with as few
preservative safeties, guardrails, processes as one would find in a
gate-kept country-club. If the Law Society were the institution it
pretends and purports to be under threat of its monopoly over the
provision of legal services being taken away, this noble, shield on
heart defender of zealous advocacy, then it would be worth
preserving, obviously; except it isn’t, so it is not. And, this is
the flip side of the coin of the new Legislation actually providing
the kinds of protections its detractors complain of it lacking,
because what the LSBC is trying to protect isn’t the independence
of the bar, but rather its own private, institutional independence.
That kind of ‘independence,’ is not good, actually.
(3)
The legal profession, and society, would be immensely and enormously
edified and bettered by a legal profession not afraid of and cowed by
its legal regulator. Yes, legal professionals should have to uphold
the highest standards of conduct, in keeping with their position in
society. At the same time, the regulator ought not hold a monopoly
over what constitutes the highest standards of conduct, because
allowing them to do so results, invariably, in an unrealistic,
unobtainable, patrician sophist ideal, against which those who are
committed to actual causes in society are judged unfavourably. Those
who actually contend, and attempt to intervene on behalf of the least
well off in society, are the most heavily thought-policed by this
Keystone-Cops squad of ‘professional’ brain-cleaners. As a
sub-point, please do not misconstrue this as endorsement of vestigial
and unenlightened anti-indigenous sentiment, to the extent that it is
present within the BC legal community. Such opposition to the
regulator is actually wrong and embarrassing, not because one ought
not challenge the legal regulator, but because they are challenges to
and contempt for the rulings of the Court on the subject. The LSBC is
pretty barely and superficially a promoter and defender of
Reconciliation and our Constitution, anyway. If it were such a thing
it would have been issuing daily condemnations of opposition leader
John Rustad calling BC Provincial Court Judges ‘Pedophile Lover.’
It didn’t.
Many
access to justice problems are actually a matter of it being a risky
and dangerous to attempt to help those in distress. The LSBC, by
design, makes this actually as difficult, treacherous, and
unpalatable for legal practitioners, and aspirant legal
practitioners, as possible, precisely to drive up and inflate the
cost of legal services, because this is what the tiny clique which
directs the LSBC want. This has a direct and overwhelming negative
effect on society. Society is paying for the LSBC’s self-defeating
self-dealing, and the absence of a reliable supply of assistance with
basic and oftentimes seemingly trivial legal services. The LSBC
excludes those who don’t pledge fealty to this insular, sort of
vaguely mason-like agreement, the greasy handshake. That is bad for
the British Columbia Public, that is not the LSBC fulfilling its
mandate to protect the Public, that is the LSBC harming the BC Public
by knowingly depriving it of legal services by being an impossibly
obtuse, self-dealing aristocratic garden-party. The rule of law would
actually be strengthened by legal practitioners unafraid to say the
wrong thing, or stand up for the wrong cause, lest they be subject to
endless procedural persecution by their regulator, an otherwise
completely unaccountable, quasi-public, quasi-private institution.
You
can feel free to disagree, I know many do. I have found the
opposition of the Canadian Bar Association to the new Legal
Professions Act in particular disappointing and superficial. Law
Societies have worked, and continue to work today, enormous injustice
through procedural persecution and exclusion, historically on racial
and ideological grounds – and I would contend continuing on class
grounds. Many of the filtration mechanisms of the LSBC seem
explicitly like class-based weeding out systems, rather than serving
any rational form of preparation for legal practice. It is actually
an incredibly progressive development for the independence of the
bar, the rule of law, and the protection of rights in British
Columbia and Canadian society, that a cold, bureaucratic, and
risk-averse regulator be constrained by at least some basic
guardrails in how it can treat legal practitioners, and aspirant
legal practitioners, as are provided by the new Legal Professions
Act.
For
my part I will never be ashamed or sorry for endorsing and promoting
the utility of this legislation, whether it becomes implemented or
not, because my values aren’t determined by a greasy handshake, and
I’d rather throw in with Immanuel Kant than the petty, aggrieved
little surveillance, intimidation and retribution state they’ve got
going on at LSBC HQ. I hope the Honourable Justice Skolrood sees
right through the false heroism and chestbeating hysterics of this
gaggle of affluent, insider persecutors. I sincerely hope he sees
this entire exercise, where the most affluent, insider connected
lawyers in British Columbia collude to inhibit and impede rational,
reasonable, even enlightened, regulation of the legal profession, by
an independent body conceived of for precisely this purpose, as
ridiculous and grating to any of the British Columbian Public savvy
enough to know it is going on.
We
won’t know for months, maybe many months. Oh man, too many months.
But until we do, and while arguments commence, just remember, the
people who are ready to stride on into Court portraying themselves as
the white hats, and the Government Man as the tyrannical bad guy
black hats, it might just be that the biggest tyrants of all are LSBC
insiders finally and justly being deprived of their arbitrary,
irrational, archaic and fiat privilege. The access to justice crisis
exists because these people, who subject legal aspirants and newly
called lawyers to the same kind of Draconian unfairness which they
menace and project onto the new legislation, consciously, knowingly,
concertedly restrict the supply of possible provision of legal
services, in order to inflate its pecuniary value. In doing so they
derange both the BC legal profession, and BC public. I don’t think
that’s consistent with the white hat cliche.