In what circumstances will the court allow a lawyer not licensed by any bar in any province to practice law under ss 30 and 69(1) of the Immigration Act?
British Columbia, Canada
The following excerpt is from Law society of British Columbia v. Mangat, 1997 CanLII 2112 (BC SC):
In addition, in view of the ambiguity whether ss. 30 and 69(1) of the Immigration Act authorize the practice of law by persons not licensed by any bar in any province, I must have regard to constitutional norms in interpreting those sections. One of these norms is that the court should avoid conflict between federal and provincial laws. In A.G. Canada v. Law Society of B.C., 1982 CanLII 29 (SCC), [1982] 2 S.C.R. 307 at 356, Estey J., speaking for a unanimous court, stated the principle as follows: ...When a federal statute can be properly interpreted so as not to interfere with a provincial statute, such an interpretation is to be applied in preference to another applicable construction which would bring about a conflict between the two statutes.
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