Supriya Ghosh (Editor)

Black v Law Society of Alberta

Updated on
Edit
Like
Comment
Share on FacebookTweet on TwitterShare on LinkedInShare on Reddit
Citations
  
[1989] 1 S.C.R. 591

Ruling
  
Appeal dismissed

Docket No.
  
19889

Docket number
  
19,889

Black v Law Society of Alberta

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

Prior history
  
Judgment against the Law Society of Alberta in the Court of Appeal for Alberta.

Majority
  
La Forest J., joined by Dickson C.J. and Wilson J.

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.

Contents

Background

A 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

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.

References

Black v Law Society of Alberta Wikipedia