Democracy is Ours to Protect

With attacks on democracy and the rule of law dominating international news headlines, the critical importance of upholding an independent legal profession overseen by an independent regulator here in B.C. cannot be overstated.

When the Legal Professions Act received royal assent in 2024, the Law Society was deeply concerned that it would have detrimental effects on the independence of the regulator and the profession, as well as the ability of legal professionals to represent the public. The Law Society acted quickly to initiate legal action challenging its constitutionality.

In 2025, our challenge was heard in a summary trial before Chief Justice Skolrood in the Supreme Court of BC. The Law Society argued that the Act fails to ensure the independence of lawyers, a fundamental democratic principle. Our submissions focused on democracy, the independence of the bar, as well as the role of self-governance in upholding those two principles. A decision is expected sometime this year.

In recent years, there have been other instances of the provincial government asserting itself in ways that undermine public confidence in the administration of justice and threaten the rule of law. Recent examples include: commenting inappropriately on individual cases before the court, stating its plans to limit the role of the judiciary in matters related to Reconciliation and suggesting a lack of judicial training was to blame for a sentence the government disagreed with.

This trend should be deeply troubling to all of us. It shows disregard for the rule of law, which ensures that no one is above the law, even those in positions of power, and that the rules are applied fairly and impartially to everyone.

To raise awareness of the importance of the rule of law, a coalition of law societies, including B.C., recently launched “Ours to Protect”—a national campaign designed to educate and spark conversations about protecting fundamental democratic principles, such as fairness, justice, and equality. The campaign highlights how to recognize threats to our democratic systems, including perceived political interference with real, everyday examples. Ours to Protect has reached millions of Canadians and generated significant positive feedback.

All of us who work in the legal profession have a duty to continue to speak out in support of upholding democracy, which is directly related to the rule of law and the independence of the bar. These principles truly are “ours to protect.” They are also ours to lose. Let’s work together to protect democracy here in B.C.