Pearlman v Manitoba Law Society Judicial Committee

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.

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.

External links

• Full text of Supreme Court of Canada decision at LexUM and CanLII