Pearlman v Manitoba Law Society Judicial Committee

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Pearlman v Manitoba Law Society Judicial Committee
Supreme court of Canada in summer.jpg
Hearing: May 7, 1991
Judgment: September 26, 1991
Citations 1991 CanLII 26 (SCC), [1991] 2 SCR 869
Docket No.21671 [1]
Court membership
Chief Justice: Antonio Lamer
Puisne Justices: Gérard La Forest, Claire L'Heureux-Dubé, John Sopinka, Charles Gonthier, Peter Cory, Beverley McLachlin, William Stevenson, Frank Iacobucci
Reasons given
Unanimous reasons byIacobucci J.

Pearlman v Manitoba Law Society Judicial Committee, [1991] 2 SCR 869, is a leading decision of the Supreme Court of Canada on section 7 of the Canadian Charter of Rights and Freedoms .

Contents

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.


  1. SCC Case Information - Docket 21671 Supreme Court of Canada