The respondent, a lawyer representing low-income clients, challenged the constitutionality of British Columbia's 7 percent tax on legal services, arguing it infringed a fundamental constitutional right to access to justice.
The chambers judge and the majority of the Court of Appeal agreed, finding a general constitutional right to legal services in proceedings determining rights and obligations.
The Supreme Court of Canada allowed the province's appeal, holding that while the rule of law is a foundational constitutional principle, it does not encompass a general constitutional right to counsel in all court and tribunal proceedings.
The Court noted that the Charter specifically provides for the right to counsel only upon arrest or detention, and the historical understanding of the rule of law does not support a broad general right to legal representation.
