Walker v. Prince Edward Island [995] 2 S.C.R. 407: Mobility rights -- Right to gain livelihood in any province -- Provincial legislation providing that no person can practice as a public accountant in province unless that person is a member of provincial institute of chartered accountants

Present: Lamer C.J. and La Forest, L'Heureux-Dubé, Sopinka, Gonthier, Cory, Iacobucci and Major JJ.

ON APPEAL FROM THE PRINCE EDWARD ISLAND SUPREME COURT, APPEAL DIVISION

Constitutional law -- Charter of Rights -- Freedom of expression -- Provincial legislation providing that no person can practice as a public accountant in province unless that person is a member of provincial institute of chartered accountants -- Whether legislation infringes s. 2(b) of Canadian Charter of Rights and Freedoms -- Public Accounting and Auditing Act, R.S.P.E.I. 1988, c. P-28, s. 14(1).

Constitutional law -- Charter of Rights -- Mobility rights -- Right to gain livelihood in any province -- Provincial legislation providing that no person can practice as a public accountant in province unless that person is a member of provincial institute of chartered accountants -- Whether legislation infringes s. 6(2)(b) of Canadian Charter of Rights and Freedoms -- Public Accounting and Auditing Act, R.S.P.E.I. 1988, c. P-28, s. 14(1).

Constitutional law -- Charter of Rights -- Life, liberty and security of the person -- Provincial legislation providing that no person can practice as a public accountant in province unless that person is a member of provincial institute of chartered accountants -- Whether legislation infringes s. 7 of Canadian Charter of Rights and Freedoms -- Public Accounting and Auditing Act, R.S.P.E.I. 1988, c. P-28, s. 14(1).

The judgment of the Court was delivered orally by

1LAMER C.J. -- In light of our previous decisions as regards ss. 2(b), 6 and 7 of the Canadian Charter of Rights and Freedoms, we are all of the view that there has been no restriction to those rights in this case. The constitutional questions are answered as follows:

1.Does s. 14(1) of the Public Accounting and Auditing Act, R.S.P.E.I. 1988, c. P-28, limit the appellants' rights guaranteed by ss. 2(b), 6 or 7 of the Canadian Charter of Rights and Freedoms?

No.

2.If the answer to question 1 is in the affirmative, is s. 14(1) nevertheless justified by s. 1 of the Canadian Charter of Rights and Freedoms?

The first question is answered in the negative. The second question, therefore, does not arise.

  1. The appeal is accordingly dismissed with costs.

| Return to Topic Menu | Return to Main Menu |