AG Need Not Be a Lawyer, BCCA Rules

May 31, 2013

Earlier this month, the BC Court of Appeal ruled that the province’s Attorney General need not have legal training to hold the position.

From a post at the Canadian Lawyer Magazine’s Legal Feeds blog, “AG doesn’t need to be a lawyer: B.C. appeal court”,

“The case was sparked after Shirley Bond was appointed as acting attorney general in August 2011, before becoming minister of justice and attorney general in February 2012. She is the first woman to hold these positions in B.C.

B.C. resident Lesslie Askin believed Bond was unqualified to hold the post and contacted the law society, which rejected her complaint on the grounds it lacked the necessary jurisdiction.

Askin took the case to court as a self-represented litigant, arguing that Bond’s appointment was statute barred due to her lack of legal training, and the LSBC was incorrect to say it lacked jurisdiction.”

The BCSC ruled last June that the case was devoid of merit. The firm representing Askin said it has been instructed to appeal this month’s BCCA decision to the Supreme Court of Canada.

A Slaw.ca post by Adam Dodek earlier this week provides some analysis of the case, and discusses how other provinces treat this issue. See “The Curious Case of the Non-Lawyer Attorney General: White Tiger of the Legal System”.

 

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