Independence of the Legal Profession?

The legal profession in Canada is independent from the state. Each Province has jurisdiction to to enact laws that have has their purpose, the creation of a society that governs the legal profession.

In British Columbia The Law Society Of British Columbia is the governing society. The Law Society is overseen by a board of governors called Benchers. The Legal Profession Act is the name of the Provincial Law under which the Law Society is governed. The Benchers establish rules and a Code of Conduct, which are both applied to the profession. The application of the rules and Code of Conduct is carried out by staff employed by the Law Society.

In this manner, the profession is enabled to operate independently. The importance of allowing the legal profession to operate in this fashion is critical in democracies where citizens are afforded meaningful access to justice, and government is held accountable to the law.

On the other hand, the public needs to be protected. Self-governing professions will therefore have procedures in place to ensure standards of conduct are met and the power to impose penalties and other remedial requirements to ensure the protection of the public.

The legal profession is not the only self-governing profession in British Columbia.