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S:\MSS\FINDAIDS\2100\FA2172\Le Dain Gerald.Wpd Manuscript Division Division des manuscrits Honourable Gerald Le Dain R 923 Finding Aid No. 2172 / Instrument de recherche no 2172 Prepared in 1999 by Lucie Paquet and Ginette Préparé en 1999 par Lucie Paquet et Ginette Cyr for the Economic and Public Archives. Cyr pour les Archives économiques et publiques. ii TABLE OF CONTENTS INTRODUCTION................................................iii DOCUMENTS RELATED TO HIS ACTIVITIES AS LAWYER AND PARTNER OF RIEL, LE DAIN, BISSONNETTE, VERMETTE AND RYAN ................ 1 DOCUMENTS RELATED TO HIS ACTIVITIES AS LAWYER AND DEAN OF LAW FOR OSGOODE LAW SCHOOL, YORK UNIVERSITY ............... 3 DOCUMENTS RELATED TO HIS ACTIVITIES AS CHAIRMAN OF THE COMMISSION OF INQUIRY INTO NON-MEDICAL USE OF DRUGS............ 6 Personal Documents.......................................... 6 Administrative Documents...................................... 8 Subject Files............................................... 9 DOCUMENTS RELATED TO HIS ACTIVITIES AS JUDGE OF THE FEDERAL COURT OF APPEAL ............................................ 33 Personal Case Files: Notes on specific cases written by Gerald Le Dain ........ 33 Subject Files.............................................. 36 Gerald Le Dain’s Notes on Case Files: General ....................... 36 DOCUMENTS RELATED TO HIS ACTIVITIES AS JUSTICE OF THE SUPREME COURT OF CANADA............................................ 37 Personal Case Files: Notes on cases written by Gerald Le Dain and other related documents ............................................... 37 INTRODUCTION The records of Gerald Le Dain provide a rich source of information about Canadian judiciary history of the XXth century. There are documents concerning his professional and personal career as a lawyer, a professor and a judge of the Federal Court of Appeal and of the Supreme Court of Canada. The records make an important contribution to the collective memory of Canada. The following inventory details this unique documentation. We have divided the fonds into 5 series. They follow the stages of his career from his activities as lawyer to his activities at the Supreme Court of Canada. Gerald Eric Le Dain, C.C., Q.C., B.C.L., D., D.C.L., LL.D. was born in Montreal on 27 November 1924. He studied at West Hill High School (1942), William A. Birks and Sir William MacDonald Schools to McGill University (1942-1943). He took some courses for Canadian Army at McGill University in 1943. He served with the Canadian Army between 1943 and 1946 as gunner for N.W. Theatre with 7th Medium Regiment, with the R.C.A. (1945-1946), and with the Army of Occupation (1945-1946). After the war, he continued his studies at Khaki University in England (1946) and McGill University (B.C.L.) (1949). Called to the Bar of Quebec in 1949 and created Q.C. in 1961, Gerald Le Dain practised law with Walker, Martineau, Chauvin, Walker & Allison from 1950 to 1953. He was Associate Professor and Secretary of the Faculty of Law at McGill University (1953-1959). He worked in the Legal Department for the Canadian International Paper Co. (1959-1961). He became Partner of Riel, Le Dain, Bissonnette Vermette & Ryan from 1961 to 1966. In tandem with this occupation, he was Counsel to the Attorney General for Quebec in constitutional cases (1963-1967). Gerald Le Dain was Professor of Constitutional and Administrative Law for McGill University (1966-1967), Professor of Law (1967-1975) and Dean of Law (1967-1972) for Osgoode Hall Law School at York University. Called to the Bar of Ontario in 1968, he was consultant to the Royal Commission on bilingualism and biculturalism, advisor to Special Counsel on the Constitution to the Department of Justice (1967), and Chairman for the Commission of Inquiry into Non-Medical Use of Drugs (1969-1973). He was appointed Judge to the Federal Court of Canada in 1975, and Justice to the Supreme Court of Canada in 1984. Retired in 1988. He received many honourary degrees and awards from universities and associations: Elizabeth Torrance Gold Medal, MacDonald Travelling Scholarship, Université de Lyon (1950), York University (1976), Concordia University (1976), Acadia University (1978), McGill University (1985) and was Companion of the Order of Canada (1989). They created in Washington (1990) the Justice Gerald Le Dain Award for Achievement in the Field of Law of the Drug Policy Foundation. 2 Gerald Le Dain Fonds R 923 Vol. File File Title Date Gerald Le Dain Fonds R 923 Vol. File File Title Date DOCUMENTS RELATED TO HIS ACTIVITIES AS LAWYER AND PARTNER OF RIEL, LE DAIN, BISSONNETTE, VERMETTE AND RYAN 1962-1993 (predominant 1962-1976) 1 1 Memorandum of Agreement Between the Canadian 1962 International Paper Company, the Quebec North Shore Paper Company and the Ste. Anne Paper Company, Limited 1 2 South Nelson Forest Products Corporation Trust Deed 1964 1 3 Attorney-General for Ontario v. Barfried Enterprises Ltd., and 1963, 1993 the Attorney-General for Quebec (included is a note from Le Dain) 1 4 McKechnie v. Rideau Aluminum & Steel and Attorney-General 1965 of Quebec - The Mechanics Lien Case - Draft of Factum 1 5 Batary V. Nunn and Attorney-General of Quebec (includes Le 1964 Dain’s notes on case) 1 6 The Attorney General of B.C. v. Lloyd G. McKenzie, Q.C. - 1965 Judgment 1 7 Mann v. The Queen and Attorney-General of Quebec and 1965 Notes of Argument in the Supreme Court 1 8 S.W. Hooper & Co. Ltd. - License agreements 1962-1965 1 9 Redbrooke Estates Ltd. v. La Cité de Montréal - Copies of 1962 legal documents 1 10 Redbrooke Estates Ltd. v. La Cité de Montréal - Press 1962 clippings R 923 Gerald Le Dain Fonds 3 Vol. File File Title Date 1 11 Redbrooke Estates Ltd. V. La Cité de Montréal - 1966 Correspondence between Le Dain and Stephen Scott 1 12 Prine & Myron v. The Queen and Attorney-General of Quebec 1963 1 13 Magistrate’s Court - Factum - In Appeal between Le Procureur 1965 général du Québec, Le Barreau du Québec & Le Procureur général du Canada - Appendix, vol. I 1 14 Magistrate’s Court - Factum - In Appeal between Le Procureur 1965 général du Québec, Le Barreau du Québec & Le Procureur général du Canada - Appendix, vol. II 1 15 Magistrate’s Court - Factum - In Appeal between Le Procureur 1965 général du Québec, Le Barreau du Québec & Le Procureur général du Canada - Appendix, vol. III (includes notes taken at hearing) 1 16 Munro v. National Capital Commission - Judgment and 1966 autobiographical notes (Le Dain’s reflexions regarding the case) 1 17 Munro v. National Capital Commission - Le Dain’s Factum 1966 and hearing notes 2 1 Munro v. National Capital Commission - Appeal case 1966 2 2 Minimum Wage Commission v. Bell Telephone Company of 1966 Canada & Attorney-General for Quebec - Factum and appendix 2 3 Commission du salaire minimum vs The Bell Telephone 1966 Company of Canada et le Procureur général du Canada - Factum 2 4 Minimum Wage Commission v. Bell Telephone Company of 1966 Canada - Notes taken in Supreme Court by Le Dain 2 5 Minimum Wage Commission v. Bell Telephone Company of 1966 Canada - Conclusion of Le Dain’s arguments 2 6 Minimum Wage Commission v. Bell Telephone Company of 1966 Canada - Text of Le Dain’s submission 4 Gerald Le Dain Fonds R 923 Vol. File File Title Date 2 7 Minimum Wage Commission v. Bell Telephone Company of 1966 Canada - Appeal 2 8 The Return to McGill - Protestant School Board v. Jenkins 1966 Bros. Limited and Catholic School Commission - Factums 2 9 The Return to McGill - Nickel Rim Mines Ltd. v. Attorney- 1967 General for Ontario and Attorney-General for Quebec - Appeal case 2 10 The Return to McGill - Nickel Rim Mines Ltd. v. Attorney- 1967 General for Ontario and Attorney-General for Quebec - Factum of the respondent 2 11 The Return to McGill - Nickel Rim Mines Ltd. v. Attorney- 1967 General for Ontario and Attorney-General for Quebec - Factum of the appellant 2 12 The Return to McGill - Coughlin v. the Ontario Highway 1967 Transport Board and Attorney-General for Quebec - Appeal documents 2 13 The Return to McGill - Coughlin v. the Ontario Highway 1967 Transport Board and Attorney-General for Quebec - Factums DOCUMENTS RELATED TO HIS ACTIVITIES AS LAWYER AND DEAN OF LAW FOR OSGOODE HALL LAW SCHOOL, YORK UNIVERSITY 1966-1992 (predominant 1968-1975) 2 14 Article on volume 1 of the McRuer Report on Civil Rights - 1968 Newspaper clipping 2 15 Correspondence and newspaper “Your Canada”, special 1968-1969 edition of high news with article on “Canadian Federalism” written by Le Dain 2 16 Consideration re. Dean of Law, University of Alberta - 1968 Correspondence with M. Wyman 2 17 Convocation - Conferring of Degrees, Osgoode Hall Law June 1968 School, O’Keefe Centre R 923 Gerald Le Dain Fonds 5 Vol. File File Title Date 2 18 “The Quest for Justice: The Role of the Profession” Address at 1968-1969 the opening of the new building of the New Brunswick Law School (Ludlaw Hall) by Le Dain 2 19 “Obiter Dicta” The Osgoode Hall News Forum for the 1968, 1992 Profession at-large - Article on announcement of appointment of Harry Arthurs and article “When Lawyers Cheat” - Newspaper and newspaper article 2 20 Consideration re Principalship of Sir George Williams Univ., 1969 Montreal, QC. - Correspondence 2 21 Consideration for the Office of President, Univ. of New 1969 Brunswick - Correspondence 2 22 Opening of New Law School Building, Osgoode Hall, York 10 June 1969 Univ., Toronto - Program of events 2 23 Opening of New Law School Building, Osgoode Hall, York 10 June 1969 Univ., Toronto - Honorary degree citations 2 24 The New Osgoode Hall Law School Building - Newspaper Oct. 1966 clipping 3 1 “The Future of Canadian Legal Education”, Association of 1969 Canadian Law Teachers, Annual meeting - Le Dain’s notes for address 3 2 Montebello Conference - Correspondence June 1969 3 3 “The Relationship of the Courts and Administrative Tribunals” August 1969 - Paper for the Judicial Conference prepared by Le Dain 3 4 Trip to Paris re.
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