Pearlman v. Manitoba Law Society Judicial Committee
Encyclopedia
Pearlman v. Manitoba Law Society Judicial Committee, [1991] 2 S.C.R. 869, is a leading decision of the Supreme Court of Canada
on section seven
of the Canadian Charter of Rights and Freedoms
.
lawyer who was disciplined by the Law Society
for three acts of professional misconduct under section 52(4) of the Law Society Act. Pearlman sought a prohibition against the proceedings of the Law Society on the basis that it violated his right to be tried within a reasonable time under section 11(b) of the Charter, it was contrary to natural justice
as the Society had pecuniary interest in his guilt, and that the Committee was biased him.
Pearlman's arguments were dismissed. He appealed, arguing a violation of his section 7 rights.
The issues before the Supreme Court were:
, writing for a unanimous Court, dismissed Pearlman's appeal. He found that there was no violation of section 7 of the Charter.
Supreme Court of Canada
The Supreme Court of Canada is the highest court of Canada and is the final court of appeals in the Canadian justice system. The court grants permission to between 40 and 75 litigants each year to appeal decisions rendered by provincial, territorial and federal appellate courts, and its decisions...
on section seven
Section Seven of the Canadian Charter of Rights and Freedoms
Section Seven of the Canadian Charter of Rights and Freedoms is a constitutional provision that protects an individual's autonomy and personal legal rights from actions of the government in Canada. There are three types of protection within the section, namely the right to life, liberty, and...
of the Canadian Charter of Rights and Freedoms
Canadian Charter of Rights and Freedoms
The Canadian Charter of Rights and Freedoms is a bill of rights entrenched in the Constitution of Canada. It forms the first part of the Constitution Act, 1982...
.
Background
David Pearlman was a ManitobaManitoba
Manitoba is a Canadian prairie province with an area of . The province has over 110,000 lakes and has a largely continental climate because of its flat topography. Agriculture, mostly concentrated in the fertile southern and western parts of the province, is vital to the province's economy; other...
lawyer who was disciplined by the Law Society
Law Society of Manitoba
The Law Society of Manitoba is the self-governing body for lawyers in Manitoba, Canada. Its mandate is to regulate the legal profession.To practice law in the Province of Manitoba, a person must be a member of the Law Society of Manitoba. The Law Society of Manitoba sets its own admission...
for three acts of professional misconduct under section 52(4) of the Law Society Act. Pearlman sought a prohibition against the proceedings of the Law Society on the basis that it violated his right to be tried within a reasonable time under section 11(b) of the Charter, it was contrary to natural justice
Natural justice
Natural justice is a term of art that denotes specific procedural rights in the English legal system and the systems of other nations based on it. Whilst the term natural justice is often retained as a general concept, it has largely been replaced and extended by the more general "duty to act fairly"...
as the Society had pecuniary interest in his guilt, and that the Committee was biased him.
Pearlman's arguments were dismissed. He appealed, arguing a violation of his section 7 rights.
The issues before the Supreme Court were:
- Whether section 52(4) of the Manitoba Law Society Act violated section 7 of the Charter.
- If so, whether the violation was justifiable under section 1 of the Charter.
Opinion of the Court
Justice IacobucciFrank Iacobucci
Frank Iacobucci, CC was a Puisne Justice on the Supreme Court of Canada from 1991 to 2004 when he retired from the bench. He is an expert in business and tax law.-Early career:...
, writing for a unanimous Court, dismissed Pearlman's appeal. He found that there was no violation of section 7 of the Charter.