Black v. Law Society of Alberta
Encyclopedia
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
.
s 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
.
Supreme Court of Canada
The Supreme Court of Canada is the highest court of Canada and is the final court of appeals in the Canadian justice system. The court grants permission to between 40 and 75 litigants each year to appeal decisions rendered by provincial, territorial and federal appellate courts, and its decisions...
on the freedom of mobility and freedom of association
Freedom of association
Freedom of association is the individual right to come together with other individuals and collectively express, promote, pursue and defend common interests....
under the Canadian Charter of Rights and Freedoms
Canadian Charter of Rights and Freedoms
The Canadian Charter of Rights and Freedoms is a bill of rights entrenched in the Constitution of Canada. It forms the first part of the Constitution Act, 1982...
.
Background
A number of lawyerLawyer
A lawyer, according to Black's Law Dictionary, is "a person learned in the law; as an attorney, counsel or solicitor; a person who is practicing law." Law is the system of rules of conduct established by the sovereign government of a society to correct wrongs, maintain the stability of political...
s from an Ontario
Ontario
Ontario is a province of Canada, located in east-central Canada. It is Canada's most populous province and second largest in total area. It is home to the nation's most populous city, Toronto, and the nation's capital, Ottawa....
law firm
Law firm
A law firm is a business entity formed by one or more lawyers to engage in the practice of law. The primary service rendered by a law firm is to advise clients about their legal rights and responsibilities, and to represent clients in civil or criminal cases, business transactions, and other...
attempted to establish an office in Alberta
Alberta
Alberta is a province of Canada. It had an estimated population of 3.7 million in 2010 making it the most populous of Canada's three prairie provinces...
. 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)
Section Two of the Canadian Charter of Rights and Freedoms
Section Two of the Canadian Charter of Rights and Freedoms is the section of the Constitution of Canada's Charter of Rights that lists what the Charter calls "fundamental freedoms" theoretically applying to everyone in Canada, regardless of whether they are a Canadian citizen, or an individual or...
of the Charter and freedom of mobility under section 6
Section Six of the Canadian Charter of Rights and Freedoms
Section Six of the Canadian Charter of Rights and Freedoms is the section of the Canadian Constitution's Charter of Rights that protects the mobility rights of Canadian citizens, and to a lesser extent that of permanent residents. By mobility rights, the section refers to the individual practice...
.