Andrews V Law Society Of British Columbia Case Analysis

Andrews v. Law Society of British Columbia, [1989] 1 S.C.R. 143

Facts:
The respondent Andrews, a British subject permanently resident in Canada. Andrews met all the requirements for the admission to the British Columbia Bar except for Canadian Citizenship, section 42(a) of Barrister and Solicitors Act. He commenced legal action for a declaration that the requirement violated section 15(1) Of the Canadian charter of rights and freedoms; this was dismissed at the trial but allowed on the appeal. The appellants, the Law society of British Columbia and Attorney General of British Columbia, appealed against this declaration that the requirement for Canadian Citizenship infringes the section 15(1) of the Canadian charter of rights and freedoms.
Legal Issues:
Does section 42(a) of Barristers and Solicitors Act violate section 15(1) of the Canadian Charter of rights and freedoms; every individual is equal before and under the law and has the right to the equal protection and equal benefit of the law. Should there be a “reasonable limit” on section 15(1) of the Charter?
In order for Andrews to fulfill his profession, it is not a requirement that he be a citizen of Canada, he can be devoted to the country, and be educated in the customs and institutions of Canada, without taking up citizenship. By disallowing Andrews to become a lawyer in British Columbia, there is a discrimination occurring against his origin, this is a violation of section. 15(1) every individual is equal before and under the law and has protection and equal benefit of the law without discrimination. In focusing on the words “without discrimination” I believe that Andrews should be given the right to become a lawyer, in British Columbia, without being discriminated against his ethnic origin, however section.42 Barristers and Solicitors Act violates this by not allowing non-citizens to come up to the