R. v. Exner, (1982) 30 Sask.R. 313 (ProvCt)

• Judge: Boyce, P.C.J.
• Court: Provincial Court of Saskatchewan (Canada)
• Case Date: November 17, 1982
• Jurisdiction: Saskatchewan
• Citations: (1982), 30 Sask.R. 313 (ProvCt)

R. v. Exner (1982), 30 Sask.R. 313 (ProvCt)

MLB headnote and full text

R. v. Exner

Indexed As: R. v. Exner

Saskatchewan Provincial Court

Boyce, P.C.J.

November 17, 1982.

Summary:

A notary public was charged with performing work for a fee in a matter pertaining to the law when not enrolled as a barrister and solicitor of Saskatchewan contrary to s. 5(1)(e) of the Legal Profession Act. The Saskatchewan Provincial Court convicted the notary public.

See also the cases of R. v. Staseson Agencies Ltd., 30 Sask.R. 309 and R. v. Mysak, 30 Sask.R. 311.

Barristers and Solicitors - Topic 6267

Unauthorized practice - Offences - Acting as a solicitor - Matter pertaining to law - A notary public acted with the consent of both vendor and purchaser on the sale of a house - His duties involved searching, drawing and executing documents (including a transfer of land, promissory note, and caveat) and overseeing trust funds - The Saskatchewan Provincial Court convicted the notary public of unlawfully performing work for a fee in a matter pertaining to the law when not enrolled as a barrister and solicitor of Saskatchewan contrary to s. 5(1)(e) of the Legal Profession Act - See paragraphs 4 to 6.

Barristers and Solicitors - Topic 6268

Unauthorized practice - Offences - Acting as a solicitor - Exceptions - Notaries public - S. 3 of the Notaries Public Act authorized notaries public to prepare and attest to certain legal documentation, without contravening the prohibition against unauthorized legal practice in the Legal Professions Act - The Saskatchewan Provincial Court held that a notary public who acted for both a vendor and purchaser on a real estate sale was not protected by s. 3 - See paragraphs 5 to 6.

Civil Rights - Topic 503

Mobility rights - Right to work in any province - The Saskatchewan Provincial Court held that the limitations placed on the authority of notaries public by the Notaries Public Act did not contravene their right to pursue the gaining of livelihood guaranteed in s. 6(2)(b) of the Canadian Charter of Rights and Freedoms, because such right was subject to provincial laws pursuant to s. 6(3)(a) - See paragraph 7.

Civil Rights - Topic 8346

Canadian Charter of Rights and Freedoms - Application - Exceptions - Laws or practices of general application in province - S. 6(3)(a) of the Canadian Charter of Rights and Freedoms provided that the right to pursue the gaining of livelihood in s. 6(2)(b) of the Charter was subject to provincial laws - The Saskatchewan Provincial Court held that the limitations placed on the authority of notaries public by the Notaries Public Act fell within the protection of s. 6(2)(a) of the Charter - See paragraph 7.

Words and Phrases

Matter pertaining to the law - The Saskatchewan Provincial Court discussed the meaning of the phrase "matter pertaining to the law" as found in s. 5(1)(e) of the Legal Profession Act, R.S.S. 1978, c. L-10 - See paragraph 4.

Statutes Noticed:

Legal Profession Act, R.S.S. 1978, c. L-10, sect. 5(1)(e) [para. 5].

Notaries Public Act, R.S.S. 1978, c. N-8, sect. 3 [paras. 5 to 6].

Canadian Charter of Rights and Freedoms, 1982, sect. 6(2)(b), sect. 6(3)(a) [para. 7].

Counsel:

None disclosed.

This case was heard before Boyce, P.C.J., of the Saskatchewan Provincial Court, whose decision was delivered on November 17, 1982.