Andrews vs. Law Society

Andrews vs. Law SocietyTimothy LauJaeten GosalDillon SanghaBackground Info.Involves Sec. 1, 15, and 42 of CharterTo be a lawyer in Canada, one must have Canadian citizenship Mark Andrews, a British subject, didnt have one

Result

Role of the CharterThe charter was the only real concrete factum that was used in order to prove Andrews case.

Equality Rights15. (1) Every individual is equal before and under the law and has the right to the equal protection and equal benefit of the law without discrimination and, in particular, without discrimination based on race, national or ethnic origin, colour, religion, sex, age or mental or physical disability.4Appellant Factum ReviewAndrews is a permanent resident in Canada and met all requirement to pass the provincial bar (except being a Canadian citizen)Andrews said that being denied admission is a violation of s. 15 of the charterAndrews brought a motion to strike down the citizenship requirement for Bar Admisson

Explanation of grounds for appeal/desired order

Andrews lost the case as the judge stated that being a lawyer required a strong tie to the community, which Andrews didnt show evidence of displaying.

The Supreme Court argued that citizenship was an essential quality needed to practice law in Canada. Andrews appealed to the BC Court of Appeal.

6Ontario Confederation of University Faculty AssociationRepresents over 12,000 faculty members Strongly support equality before the law

Womens Legal Education Action FundTake no stance on the matter

Federation of Law Societies of CanadaThe law society views it as important that lawyers should be citizens Important for their members to be connected and committed to government of Canada

Attorney General of OntarioInterpret section 15 to protect traditionally disadvantaged personsAttorney General of Nova ScotiaThe meaning of section 15 must be certainThus, does not pick a side

Attorney General of AlbertaFeels that Andrews appeal should be allowedThe right to engage in an occupation is an important fundamental right

Bigger Picturethe content of the law, its purpose, and its impact upon those to whom it applies, and also to those whom it excludes from application