A recurring theme in registration cases is the consideration of special circumstances for exempting registration requirements. An Alberta court upheld the reasonableness of the refusal to grant an exemption in Muti v Law Society of Alberta, 2016 ABQB 276. The applicant was an immigration consultant practising in Calgary who had taken on-line courses to obtain a law degree from a school based in England. To establish equivalence of education, the tribunal directed him to complete eight upper year in-person courses in an accredited law school. The applicant objected on the basis that his distance learning should be given more weight because of his related Canadian experience as an immigration consultant. He also stated that due to his age and family and financial responsibilities he needed to keep working. The Court found that it was reasonable for the tribunal to not consider the applicant’s immigration consulting work as the practice of law (in terms of experience) and that one’s personal situation is not a special circumstance that can be substituted for educational qualifications.
Interpreting Legislation vs Making Legislation
Regulators cannot enact legislation through policy. However, regulators frequently publish policies interpreting or applying their legislation. The line between those two activities is sometimes fine.