How to balance the Charter-protected rights of mobility rights and freedom of association with those of the public good?

Alberta, Canada


The following excerpt is from Black v. Law Society of Alberta, 1986 ABCA 68 (CanLII):

(d) balancing: The society we seek to create by means of mobility rights and freedom of association is one committed to the rule of law. Lawyers must understand, therefore, that their rights are and must be subject to those restrictions which are necessary to maintain a profession which is accessible, competent, and trustworthy. Limits which, unlike those here, are shown to be needed to achieve these ends will enhance a free society in a way that the strict affirmation of Charter-protected rights of individual lawyers will never achieve. Put another way, the special relationship between the legal profession and society requires some sacrifice from lawyers. As Hugessen, A.C.J., (as he then was) said in Belhumeur v. Quebec Bar Association et al (1983) 34 C.R. (3d) 279 … The law grants to certain groups the monopoly to carry on certain well-defined activities and imposes upon the members of those groups the obligation to prevent abuse and to ensure that the monopoly will be exercised for the public good. It is normal that those who enjoy these privileges should be subjected to a more rigorous discipline than that which applies to ordinary citizens … (translated)

Other Questions


Does access to public property to utilize public transportation fall within the scope of the s. 7 right to liberty? (Alberta, Canada)
Is an easement consistent with a right that significantly detracts from the servient owner's rights? (Alberta, Canada)
What is the test for the application of section 7 of the Charter of Rights and Freedoms? (Alberta, Canada)
What is the scope of the "right of freedom from unreasonable search and seizure" under section 8 of the Criminal Code? (Alberta, Canada)
What are the implications of leadings cases on the mobility rights of custodial parents? (Alberta, Canada)
Can a municipality enforce a public right against a party who is in breach? (Alberta, Canada)
Does the term 'public interest' in s.1(1) of the Charter apply to a party's use of the term "public interest"? (Alberta, Canada)
How have decisions by the Chief Commissioner of Human Rights and Human Rights have been treated in the context of discrimination cases? (Alberta, Canada)
How have courts in Trinidad and Tobago interpreted freedom of association provisions in trade union legislation? (Alberta, Canada)
When an individual is informed of his right to counsel, does a reasonable delay in implementing this right? (Alberta, Canada)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.