Dickenson v. Law Society of Alberta, (1978) 10 A.R. 120 (TD)

• Judge: McDonald, J.
• Case Date: January 23, 1978
• Citations: (1978), 10 A.R. 120 (TD)

Dickenson v. Alta. Law Soc. (1978), 10 A.R. 120 (TD)

MLB headnote and full text

Dickenson v. Law Society of Alberta

Indexed As: Dickenson v. Law Society of Alberta

Alberta Supreme Court

Trial Division

Judicial District of Calgary

McDonald, J.

January 23, 1978.

Summary:

This case arose out of an application by a student-at-law for a declaration that s. 39 of the Alberta Legal Profession Act (restricting admission to Canadian citizens) was beyond the legislative competence of the Province of Alberta or was inoperative in virtue of the Alberta Individual's Rights Protection Act.

The Alberta Supreme Court, Trial Division, dismissed the application and held that s. 39 of the Legal Profession Act was valid.

Barristers and Solicitors - Topic 346

Admission to practice - Qualifications - Citizenship - The Alberta Supreme Court, Trial Division, held valid s. 39(2) of the Alberta Legal Profession Act which restricted membership to "a Canadian citizen or a British subject" - The Trial Division questioned the rationale for such a restriction - See paragraphs 18 and 19.

Civil Rights - Topic 1030

Discrimination - Membership in organization or association - Exclusion based on "place of origin" - Alberta Individual's Rights Protection Act, s. 9 - The Alberta Legal Profession Act restricted membership to Canadian citizens - The Alberta Supreme Court, Trial Division, held that such a restriction did not constitute discrimination "because of ... place of origin" contrary to s. 9 of the Individual's Rights Protection Act - See paragraphs 11 to 16.

Constitutional Law - Topic 7407

Enumeration in s. 92 of the British North America Act, 1867 - Administration of justice, s. 92(14) - General principles - Regulation of lawyers - The Alberta Supreme Court, Trial Division, stated that the qualifications and admission of persons to the practice of law was a matter within the legislative competence of the provinces under s. 92(14) of the British North America Act - See paragraphs 9 and 10 - The Trial Division stated that s. 39(2) of the Alberta Legal Profession Act (restricting admission to Canadian citizens) was not a matter of "naturalization and aliens" under s. 91(25) of the British North America Act - See paragraphs 6 and 7.

Cases Noticed:

Union Colliery Co. of B.C. Ltd. v. Bryden, [1899] A.C. 580, refd to. [para. 6].

Cunningham v. Tomey Homma, [1903] A.C. 151 (P.C.), refd to. [para. 6].

Morgan v. Att. Gen. for Prince Edward Island, 5 N.R. 455; 7 Nfld. & P.E.I.R. 537; [1976] 2 S.C.R. 349; (1975), 55 D.L.R.(3d) 527, refd to. [para. 6].

Att. Gen. for Canada v. Att. Gen. for Ontario, [1898] A.C. 247 (P.C.), folld. [para. 9].

Ealing L.B.C. v. Race Relations Board, [1972] A.C. 342 (H.L.), refd to. [para. 13].

Markwald v. A.G., [1920] 1 Ch. 348, refd to. [para. 18].

Joyce v. D.P.P., [1946] A.C. 347; [1946] 1 All E.R. 186, refd to. [para. 18].

Statutes Noticed:

British North America Act 1867, sect. 91(14) [para. 9]; sect. 91(25) [para. 4].

Individual's Rights Protection Act, S.A. 1972, c. 2, sect. 1(1), sect. 9 [para. 11].

Legal Profession Act, R.S.A. 1970, c. 203, sect. 39(2) [para. 2].

Authors and Works Noticed:

Halsbury's Laws of England (3rd Ed.), vol. 1, p. 501; vol. 7, p. 209 [para. 18].

Counsel:

S.M. Shuler, for the applicant;

J.C. Major, Q.C., for the Law Society of Alberta;

W. Henkel, Q.C. and M. Funduk, for the Attorney General of Alberta.

This application was heard by McDONALD, J., of the Trial Division of the Alberta Supreme Court.

The judgment of McDONALD, J., was delivered at Edmonton, Alberta on January 23, 1978.