(d) balancing: The society we seek to create by means of mobility rights and freedom of association is one committed to the rule of law. Lawyers must understand, therefore, that their rights are and must be subject to those restrictions which are necessary to maintain a profession which is accessible, competent, and trustworthy. Limits which, unlike those here, are shown to be needed to achieve these ends will enhance a free society in a way that the strict affirmation of Charter-protected rights of individual lawyers will never achieve. Put another way, the special relationship between the legal profession and society requires some sacrifice from lawyers. As Hugessen, A.C.J., (as he then was) said in Belhumeur v. Quebec Bar Association et al (1983) 34 C.R. (3d) 279 … The law grants to certain groups the monopoly to carry on certain well-defined activities and imposes upon the members of those groups the obligation to prevent abuse and to ensure that the monopoly will be exercised for the public good. It is normal that those who enjoy these privileges should be subjected to a more rigorous discipline than that which applies to ordinary citizens … (translated)
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