Hearing: March 22 and 23, 1988 Judgment: April 20, 1989
Full case name
The Law Society of Alberta v. Robert G. Black, G. Patrick H. Vernon, Basil R. Cheeseman, L. Thomas Forbes, James C. McCartney, Douglas S. Ewens,D. Murray Paton, Richard A. Shaw, Edward P. Kerwin, G. Blair Cowper-Smith and Peter D. Quinn carrying on the practice of law under the firm name of Black & Company
A law preventing a person from earning a living due to a provincial boundary may infringe their mobility rights under Section 6(2) of the Canadian Charter of Rights and Freedoms, even if the person is not physically moving to the other province.
La Forest J., joined by Dickson C.J. and Wilson J.
Concur/dissent
McIntyre J., joined by L'Heureux-Dubé J.
Beetz, Estey, Lamer, and Le Dain JJ. took no part in the consideration or decision of the case.
Backgroundedit
A number of lawyers from an Ontariolaw firm attempted to establish an office in Alberta. All the members of the Alberta office were members of the Alberta bar as well as partners in the Toronto office.
In response to this the province of Alberta amended the Alberta Law Society Act to require that members of the bar be residents of Alberta and can only be partner in a single firm.
The lawyers challenged the amendments on the basis that it violated their right to freedom of association under section 2(d) of the Charter and freedom of mobility under section 6.
Reasons of the courtedit
Justice LaForest, writing for the majority, struck down the provisions of the Law Society Act on the grounds that it violated the freedom of mobility.
^SCC Case Information - Docket 19889 Supreme Court of Canada
April 11, 2024
black, society, alberta, 1989, leading, supreme, court, canada, freedom, mobility, freedom, association, under, canadian, charter, rights, freedoms, supreme, court, canadahearing, march, 1988, judgment, april, 1989full, case, namethe, society, alberta, robert,. Black v Law Society of Alberta 1989 1 SCR 591 is a leading Supreme Court of Canada on the freedom of mobility and freedom of association under the Canadian Charter of Rights and Freedoms Black v Law Society of AlbertaSupreme Court of CanadaHearing March 22 and 23 1988 Judgment April 20 1989Full case nameThe Law Society of Alberta v Robert G Black G Patrick H Vernon Basil R Cheeseman L Thomas Forbes James C McCartney Douglas S Ewens D Murray Paton Richard A Shaw Edward P Kerwin G Blair Cowper Smith and Peter D Quinn carrying on the practice of law under the firm name of Black amp CompanyCitations 1989 1 S C R 591Docket No 19889 1 Prior historyJudgment against the Law Society of Alberta in the Court of Appeal for Alberta RulingAppeal dismissedHoldingA law preventing a person from earning a living due to a provincial boundary may infringe their mobility rights under Section 6 2 of the Canadian Charter of Rights and Freedoms even if the person is not physically moving to the other province Court membershipChief Justice Brian DicksonPuisne Justices Jean Beetz Willard Estey William McIntyre Antonio Lamer Bertha Wilson Gerald Le Dain Gerard La Forest Claire L Heureux DubeReasons givenMajorityLa Forest J joined by Dickson C J and Wilson J Concur dissentMcIntyre J joined by L Heureux Dube J Beetz Estey Lamer and Le Dain JJ took no part in the consideration or decision of the case Background editA number of lawyers from an Ontario law firm attempted to establish an office in Alberta All the members of the Alberta office were members of the Alberta bar as well as partners in the Toronto office In response to this the province of Alberta amended the Alberta Law Society Act to require that members of the bar be residents of Alberta and can only be partner in a single firm The lawyers challenged the amendments on the basis that it violated their right to freedom of association under section 2 d of the Charter and freedom of mobility under section 6 Reasons of the court editJustice LaForest writing for the majority struck down the provisions of the Law Society Act on the grounds that it violated the freedom of mobility External links editFull text of Supreme Court of Canada decision at LexUM and CanLII nbsp nbsp This article about Canadian law is a stub You can help Wikipedia by expanding it vte SCC Case Information Docket 19889 Supreme Court of Canada Retrieved from https en wikipedia org w index php title Black v Law Society of Alberta amp oldid 816501379, wikipedia, wiki, book, books, library,
