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In British Columbia, a lawyer's duty of candour to the court is a core ethical obligation rooted in common law and explicitly codified in the Code of Professional Conduct for British Columbia (the "BC Code"), which is given force through the statutory framework of the Legal Profession Act. The Act itself establishes the regulatory authority for these professional standards.

Duty of Candour to the Court
The duty of candour requires a lawyer to act with honesty and fairness, and not to deceive or knowingly or recklessly mislead the court or tribunal. This is considered the lawyer's paramount duty, overriding their duty to the client if the two conflict.

Specific expressions of this duty under the BC Code include:
Not offering false evidence or misstating facts or law.
Not presenting or relying upon a false or deceptive affidavit.
Disclosing any binding authority that the lawyer considers to be directly on point, even if it harms their client's case.

In ex parte proceedings (where the opposing side is not present), the lawyer must act with utmost good faith and inform the tribunal of all material facts, including adverse ones, to ensure an informed decision is made.

Statutory Obligations under the Legal Profession Act
The Legal Profession Act (the "Act") is the provincial statute that governs the legal profession in BC. Its primary object and duty is to uphold and protect the public interest in the administration of justice. The Act achieves this by:
Ensuring the independence, integrity, honour, and competence of lawyers.
Establishing standards for professional responsibility and competence.
Regulating the practice of law and providing for a robust disciplinary process for misconduct.

The Act makes the BC Code the primary expression of these professional standards, meaning that the ethical duties outlined in the Code, including the duty of candour, are effectively statutory obligations that lawyers must meet to maintain their good standing and ability to practice. A breach of the Code may lead to disciplinary action by the Law Society.

Interplay
The duty of candour to the court is a specific, fundamental ethical principle that is enforced through the general statutory framework established by the Legal Profession Act. The Act provides the legal authority for the Law Society of British Columbia to require lawyers to adhere to the BC Code, which in turn mandates candour to the court.

Therefore, the duty of candour is not separate from statutory obligations; rather, it is a core professional obligation that derives its enforceability from the powers granted to the Law Society under the Act. Failure to be candid with the court constitutes professional misconduct and can result in disciplinary measures as provided for under the Act.

Legal Profession Act
[SBC 1998] CHAPTER 9

Definitions
"practice of law" includes
(a) appearing as counsel or advocate,
(b) drawing, revising or settling
(i) a petition, memorandum, notice of articles or articles under the Business Corporations Act, or an application, statement, affidavit, minute, resolution, bylaw or other document relating to the incorporation, registration, organization, reorganization, dissolution or winding up of a corporate body,
(ii) a document for use in a proceeding, judicial or extrajudicial,
(iii) a will, deed of settlement, trust deed, power of attorney or a document relating to a probate or a grant of administration or the estate of a deceased person,
(iv) a document relating in any way to a proceeding under a statute of Canada or British Columbia, or
(v) an instrument relating to real or personal estate that is intended, permitted or required to be registered, recorded or filed in a registry or other public office,
(c) doing an act or negotiating in any way for the settlement of, or settling, a claim or demand for damages,
(d) agreeing to place at the disposal of another person the services of a lawyer,
(e) giving legal advice,
(f) making an offer to do anything referred to in paragraphs (a) to (e), and
(g) making a representation by a person that the person is qualified or entitled to do anything referred to in paragraphs (a) to (e),
but does not include
(h) any of those acts if performed by a person who is not a lawyer and not for or in the expectation of a fee, gain or reward, direct or indirect, from the person for whom the acts are performed,
(i) the drawing, revising or settling of an instrument by a public officer in the course of the officer's duty,
(j) the lawful practice of a notary public,
(k) the usual business carried on by an insurance adjuster who is licensed under Division 2 of Part 6 of the Financial Institutions Act, or
(l) agreeing to do something referred to in paragraph (d), if the agreement is made under a prepaid legal services plan or other liability insurance program;


Object and duty of society
3  It is the object and duty of the society to uphold and protect the public interest in the administration of justice by
(a) preserving and protecting the rights and freedoms of all persons,
(b) ensuring the independence, integrity, honour and competence of lawyers,
(c) establishing standards and programs for the education, professional responsibility and competence of lawyers and of applicants for call and admission,
(d) regulating the practice of law, and
(e) supporting and assisting lawyers, articled students and lawyers of other jurisdictions who are permitted to practise law in British Columbia in fulfilling their duties in the practice of law.

Benchers
Law Society rules
11   (1)The benchers may make rules for the governing of the society, lawyers, law firms, articled students and applicants, and for the carrying out of this Act.
(2) Subsection (1) is not limited by any specific power or requirement to make rules given to the benchers by this Act.
(3) The rules are binding on the society, lawyers, law firms, the benchers, articled students, applicants and persons referred to in section 16 (2) (a) or 17 (1) (a).
(4) Enactment, amendment or rescission of a rule is not effective unless at least 2/3 of the benchers present at the meeting at which the rule, amendment or rescission is considered vote in favour of it.
(5) Unless section 12 applies, no approval other than that required under subsection (4) of this section is necessary to enact, rescind or amend a rule.

Source:
https://www.bclaws.gov.bc.ca/civix/docu ... ion_d2e550