Pearlman v Manitoba Law Society Judicial Committee

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.

Background

David Pearlman was a Manitoba 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 against him.

Pearlman's arguments were dismissed. He appealed, arguing a violation of his section 7 rights.

The issues before the Supreme Court were:

  1. Whether section 52(4) of the Manitoba Law Society Act violated section 7 of the Charter.
  2. If so, whether the violation was justifiable under section 1 of the Charter.

Opinion of the Court

Justice Iacobucci, writing for a unanimous Court, dismissed Pearlman's appeal. He found that there was no violation of section 7 of the Charter.

gollark: I would then use this to subtly influence future (past) events I don't like, such as "brexit".
gollark: I could just attain money via ??? child things, spend it on some bitcoins (or even *mine* it, since it took a while for people to catch onto GPUs then ASICs) and then have 19024719827490 capital.
gollark: I have vague knowledge of deep learning things which are really recent and would probably substantially accelerate progress if brought to the past somehow. More importantly, though, I would simply buy bitcoin.
gollark: Anyway, if *I* were magically sent back in time I could do better.
gollark: Not exactly! Most of the energy is released as neutrinos; nobody likes these so they just fly away carrying off most of the energy.


This article is issued from Wikipedia. The text is licensed under Creative Commons - Attribution - Sharealike. Additional terms may apply for the media files.