Black V Law Society Of Alberta
   HOME

TheInfoList



OR:

''Black v Law Society of Alberta'', 9891 SCR 591 is a leading Supreme Court of Canada on the freedom of mobility and
freedom of association Freedom of association encompasses both an individual's right to join or leave groups voluntarily, the right of the group to take collective action to pursue the interests of its members, and the right of an association to accept or decline mem ...
under the ''
Canadian Charter of Rights and Freedoms The ''Canadian Charter of Rights and Freedoms'' (french: Charte canadienne des droits et libertés), often simply referred to as the ''Charter'' in Canada, is a bill of rights entrenched in the Constitution of Canada, forming the first part ...
''.


Background

A number of lawyers from an
Ontario Ontario ( ; ) is one of the thirteen provinces and territories of Canada.Ontario is located in the geographic eastern half of Canada, but it has historically and politically been considered to be part of Central Canada. Located in Central C ...
law firm attempted to establish an office in
Alberta Alberta ( ) is one of the thirteen provinces and territories of Canada. It is part of Western Canada and is one of the three prairie provinces. Alberta is bordered by British Columbia to the west, Saskatchewan to the east, the Northwest Ter ...
. 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

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.


External links

* Canadian Charter of Rights and Freedoms case law Supreme Court of Canada cases 1989 in Canadian case law Alberta case law Freedom of movement {{canada-law-stub