Walker and Robertson v. Prince Edward Island, (1995) 130 Nfld. & P.E.I.R. 181 (SCC)

• Court: Supreme Court (Canada)
• Case Date: May 23, 1995
• Jurisdiction: Canada (Federal)
• Citations: (1995), 130 Nfld. & P.E.I.R. 181 (SCC);[1995] SCJ No 45 (QL);124 DLR (4th) 127;1995 CanLII 92 (SCC);405 APR 181;130 Nfld & PEIR 181;28 CRR (2d) 63;55 ACWS (3d) 517;[1995] 2 SCR 407;181 NR 158

Walker v. P.E.I. (1995), 130 Nfld. & P.E.I.R. 181 (SCC);

    405 A.P.R. 181

MLB headnote and full text

[French language version follows English language version]),

[La version française vient à la suite de la version anglaise]Nfld.

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Thomas P. Walker et al. v. Government of Prince Edward Island (P.E.I.)

(23861)

Indexed As: Walker and Robertson v. Prince Edward Island

Supreme Court of Canada

Lamer, C.J.C., La Forest, L'Heureux-Dubé, Sopinka, Gonthier, Cory, Iacobucci and Major, JJ. (McLachlin, J., absent)

May 23, 1995.

Summary:

Section 14(1)(a) of the Public Accounting and Auditing Act (P.E.I.) provided that no person could practice as a public accountant unless he or she was a member of the Insti­tute of Chartered Accountants of Prince Edward Island. Two certified general ac­countants claimed that s. 14(1) violated the guarantees of freedom of expression, mobili­ty, liberty and equality as provided in ss. 2(b), 6, 7, and 15 of the Charter.

The Prince Edward Island Supreme Court, Trial Division, in a decision reported at 101 Nfld. & P.E.I.R. 303; 321 A.P.R. 303, declared that s. 14(1) was unconstitutional and of no force and effect, because it vio­lated the plaintiffs' rights under ss. 2(b), 6(2)(b) and 7 of the Charter and was not justified by s. 1 thereof. The Government of Prince Edward Island appealed.

The Prince Edward Island Court of Appeal, in a decision reported at 111 Nfld. & P.E.I.R. 150; 348 A.P.R. 150, allowed the appeal and held that s. 14(1) was not uncon­stitutional. The two certified general accoun­tants appealed.

The Supreme Court of Canada dismissed the appeal.

Civil Rights - Topic 503

Mobility rights - Right to work in any province - Section 14(1)(a) of the Public Accounting and Auditing Act provided that no person could practice as a public ac­countant unless he or she was a member of the Institute of Chartered Accountants of Prince Edward Island - Two certified general accountants claimed, inter alia, that s. 14(1) infringed their mobility rights and their ability to pursue the gaining of a livelihood as guaranteed by s. 6(2)(b) of the Charter - The Prince Edward Island Court of Appeal held that s. 14(1) did not violate s. 6(2)(b) of the Charter - The Supreme Court of Canada affirmed the decision.

Civil Rights - Topic 726

Liberty - Charter of Rights and Freedoms - Denial of liberty - What constitutes - Section 14(1)(a) of the Public Accounting and Auditing Act provided that no person could practice as a public accountant unless he or she was a member of the Institute of Public Accountants of Prince Edward Island - Two certified general accountants claimed, inter alia, that s. 14(1) infringed their right to liberty and the right not to be deprived thereof except in accordance with the principles of fun­damental justice as guaranteed by s. 7 of the Charter - The Prince Edward Island Court of Appeal held that s. 14(1) did not violate their rights under s. 7 of the Char­ter - The Supreme Court of Canada affirmed the decision.

Civil Rights - Topic 783

Liberty - Particular rights - Work - Choice of - [See Civil Rights - Topic 726 ]n (SCC)(.

Civil Rights - Topic 1855

Freedom of speech or expression - Limi­tations on - Regulation of professionals - [See Civil Rights - Topic 1863 ].

Civil Rights - Topic 1863

Freedom of speech or expression - Denial of - What constitutes - Section 14(1)(a) of the Public Accounting and Auditing Act provided that no person could practice as a public accountant unless he or she was a member of the Institute of Chartered Ac­countants of Prince Edward Island - Two certified general accountants claimed, inter alia, that s. 14(1) infringed their right to freedom of expression (Charter, s. 2(b)) - The Prince Edward Island Court of Appeal held that s. 14(1) did not violate the right to freedom of ex­pression - Moreover, even if it violated s. 2(b), it was saved by s. 1 - The Supreme Court of Canada af­firmed that s. 14(1) did not violate the right to freedom of ex­pression guaranteed by s. 2(b) - Where there was no Charter viola­tion, the ques­tion of justi­fication under s. 1 did not arise.

Professional Occupations - Topic 1564

Accountants - Admission to practice - Qualifications - Section 14(1)(a) of the Public Accounting and Auditing Act pro­vided that no person could practice as a public accountant unless he or she was a member of the Institute of Chartered Ac­countants of Prince Edward Island - The Prince Edward Island Court of Appeal held that s. 14(1) did not violate the rights under ss. 2(b), 6(2)(b) and 7 of the Charter and any violation was justified under s. 1 of the Charter - The Supreme Court of Canada affirmed that s. 14(1) did not violate the rights under ss. 2(b), 6(2)(b) and 7 - Where there was no Charter vio­lation the question of justification under s. 1 did not arise.

Statutes Noticed:

Canadian Charter of Rights and Freedoms, 1982, sect. 1, sect. 2(b), sect. 6, sect. 7 [para. 1].

Public Accounting and Auditing Act, R.S.P.E.I. 1988, c. P-28, sect. 14(1) [para. 1].

Counsel:

Mary Eberts, Wendy M. Matheson and John Hennessey, for the appellants;

Maurice C. Cullity, Q.C., and Christina H. Medland, for the intervenor the Certified General Accountants Association of Ontario;

Marcel Rivest, for the intervenor l'Ordre des comptables généraux licenciés du Québec;

Vince Calderhead, for the intervenor Char­ter Committee on Poverty Issues;

Roger B. Langille, Q.C., and Charles P. Thompson, for the respondent;

Dominique A. Jobin and Kathleen Mc­Nicoll, for the intervenor the Attorney General of Quebec;

Shawn Greenberg, for the intervenor the Attorney General of Manitoba;

No one appeared for the intervenor the Attorney General of British Columbia;

Graeme G. Mitchell, for the intervenor the Attorney General of Saskatchewan;

W. Ian C. Binnie, Q.C., and Robert D. Peck, for the intervenor the Institute of Chartered Accountants of Prince Edward Island.

This appeal was heard before Lamer, C.J.C., La Forest, L'Heureux-Dubé, Sopinka, Gonthier, Cory, Iacobucci and Major, JJ. (McLachlin, J., absent), of the Supreme Court of Canada. On May 23, 1995, Lamer, C.J.C., delivered the following judgment orally for the court.