The respondents proposed to establish an interprovincial law firm in Calgary, consisting of members of the Law Society of Alberta, some of whom resided in Calgary and some in Toronto.
In response, the Law Society of Alberta enacted Rule 154, prohibiting resident members from partnering with non-resident members, and Rule 75B, prohibiting members from being partners in more than one firm.
The Supreme Court of Canada held that both rules violated the mobility rights guaranteed by s. 6(2)(b) of the Charter, as they severely restricted the ability of non-residents to gain a livelihood in Alberta.
The Court further held that the rules were not saved by s. 6(3)(a) or s. 1 of the Charter, as they discriminated primarily on the basis of residence and were disproportionate to the Law Society's objectives.
