Robert G Black & Ors v. The Law Society of Alberta  3 CMLR 288: Legal services; non-resident establishment; cross border law firms:
Canadian Supreme Court: Legal services; non-resident establishment; cross border law firms: Lawyers rights of free movement and freedom of association are and must be subject to those restrictions which are necessary to maintain a profession which is accessible, competent and trustworthy. Regulations to require continuing competence, proper management of trust funds and avoidance of conflict of interests are justified in a free and democratic society (s1 of the Canadian Charter of Rights and Freedoms), even if they intrude upon the freedom of lawyers to associate with other lawyers (s2(d)) and put special restrictions upon lawyers whose principle place of business is outside the jurisdiction of the regulating agency (s6(2)(b)). A rule imposed by a Bar of a province which makes it for all practical purposes impossible for any person to practice law effectively in that province without taking up residence there is an infringement of the freedom of movement (mobility rights) guaranteed by s6(2)b of the charter; and is not saved by by s1 (reasonable limits justified in a democratic society).
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