THE IBA APPLAUDS THE INTRODUCTION OF BILL 21 - 2024 LEGAL PROFESSIONS ACT IN BRITISH COLUMBIA THAT ESTABLISHES AN INDIGENOUS ADVISORY COUNCIL
The Indigenous Bar Association in Canada (the “IBA”) celebrates a pivotal step forward for Indigenous peoples with respect to the regulation of legal professionals in British Columbia with the introduction of Bill 21 - 2024 Legal Professions Act (“Bill 21”). By introducing an Indigenous Council to its regulatory framework this legislation represents a significant step towards advancing Indigenous representation, protecting the public interest, and dismantling systemic discrimination within colonial institutions.
Bill 21 establishes a precedent-setting legislated Indigenous Council and requires Indigenous representation on the board of directors of the new, amalgamated regulatory body responsible for providing oversight of lawyers and legal professionals in British Columbia. This groundbreaking development within the legal profession holds immense promise for real and lasting positive change and reflects a collaborative effort to amplify Indigenous voices and address systemic disparities within the Province’s regulatory framework for legal professionals.
The Indigenous Council will consist of members appointed through a merit-based process, that aims to ensure diverse representation and expertise within the legal field. Among the Council's required membership are individuals nominated by the BC First Nations Justice Council (“BCFNJC”) and individuals nominated by Metis peoples. The IBA also notes that Bill 21 defines “Indigenous peoples” as having the same meaning as “aboriginal peoples” in section 35 of the Constitution Act, 1982, which includes First Nations, Metis, and Inuit and encourages the regulatory body to consider Inuit appointments, consistent with the requirement that the members must “collectively reflect the diversity of the Indigenous population of British Columbia” (s.29(2)).
Drew Lafond, President of the IBA, commented on the significance of this milestone, stating: "The introduction of Bill 21 and the establishment of an Indigenous Council not only symbolizes progress but also underscores our collective commitment to advancing justice, equity, and reconciliation for Indigenous peoples across Canada. We commend the BC First Nations Justice Council for their tireless advocacy in championing this crucial change that brings our voices to the table."
With the establishment of an Indigenous Council, Bill 21 signals a clear dedication to advancing a legal professionals regulatory framework that is inclusive, transparent, and accountable to the diversity of all Canadians, including Indigenous peoples. While the ramifications of removing self-regulation of the legal profession in British Columbia remain to be seen, the IBA appreciates and is optimistic that instituting an Indigenous Council as part of the formation of a central, legislated regulator is an important step towards securing the representation of Indigenous peoples in British Columbia legal system and access to justice as a whole.
The IBA is the national association of Indigenous (First Nation, Métis, and Inuit) lawyers (practicing and non-practising), legal academics and scholars, articling clerks and law students, including graduate and post-graduate law students and paralegals in Canada. The IBA’s mandate includes, inter alia, advocating for the recognition of Indigenous laws, legal traditions, protocols and processes; promoting the reform of policies and laws affecting Indigenous peoples in Canada; and fostering public awareness within the legal community in respect of legal and social issues of concern to Indigenous peoples in Canada. For more information visit: www.indigenousbar.ca.
