My Past Is Now: Further Memoirs of a Labour Lawyer
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My Past Is Now Further Memoirs of a Labour Lawyer Copyright © 1994 Canadian Committee on Labour History All rights reserved Canadian Committee on Labour History Department of History Memorial University of Newfoundland St. John's ISBN 0-9695835-2-4 Manuscript was prepared for the printer by the staff of the Canadian Committee on Labour History Printed and bound in Canada Cover Design by Canadian Cataloguing in Publication Data Stanton, John, 1914- My Past Is Now Includes bibliographical references and index. ISBN 0-9695835-2-4 1. Stanton, John, 1914-. 2. Lawyers — British Columbia — Biography. 3. Labor laws and legislation — British Columbia — History. I. Canadian Committee on Labour History. II. Title. KE416.S83A31994 344.711'018'092 C94-950032-1 TABLE OF CONTENTS PREFACE Bryan D. Palmer vii CHAPTER I My Early Life 1 CHAPTER II A Political Education Begins 16 CHAPTER III Changing Times in Canada 40 CHAPTER IV The Coe Case (1940) 50 The McKean Case (1941) CHAPTER V A Case of Criminal Libel. 67 CHAPTER VI Danny and the Man from Headless Valley 89 CHAPTER VII An American Aggressor 100 CHAPTER VIII The Sell- Out of Mine-Mill 118 CHAPTER IX Again the Family 136 CHAPTER X Rights and Freedoms 151 SOURCES 165 v ABBREVIATIONS AFL American Federation of Labor CAW Canadian Autoworkers CBRE Canadian Brotherhood of Railway Employees CCF Co-operative Commonwealth Federation CCL Canadian Congress of Labour CCU Confederation of Canadian Unions CI Communist International CIA Central Intelligence Agency CIO Congress of Industrial Organizations CLC Canadian Labour Congress CNTU Confederation of National Trade Unions COMINCO Consolidated Mining and Smelting Company of Canada Limited CPC Communist Party of Canada CPR Canadian Pacific Railway FLQ Front de Liberation du Quebec IWA International Woodworkers of America MLA Member of Legislative Assembly NDP New Democratic Party OSS Office of Strategic Services PQ Parti Quebecois RCMP Royal Canadian Mounted Police SOE Special Operations Executive TLC Trades and Labour Congress UBC University of British Columbia UMA United Mineworkers of America USWA United Steel Workrs of America WFM Western Federation of Miners YCL Young Communist League vi PREFACE Lawyers have a deservedly bad name. Fortunately there are some who step outside of the norm, exceptions that prove the rule. John Stanton is one of them. I have known John Stanton for a decade. This is but a small fragment of a life that began, in 1914, with the capitalist powers scrambling to partition the globe. Coming to intellectual maturity in the 1930s, living, as many thinkers did, in the aftermath of the Russian Revolution, Stanton graduated from the University of British Columbia in 1933 and was called to the bar in 1936. War was again on the horizon, years of economic dislocation and depression lay behind him. But ahead of Stanton lay decades of involvement in the legal struggles of the Canadian, and especially, British Columbian, working class and its unions. In other writings, and in these new memoirs, Stanton provides us with evidence of how labour history is a record of brutality and battle, a constant clash of opposing interests and values. As he did throughout his life, Stanton speaks for workers, be it in his history of the Canadian Seamen's Union, published in 1978, his 1983 exploration of how arbitration affects labour, or his own recollections, of which this text forms the second instalment. From 1936 to his semi-retirement in 1976, Stanton represented most of the unions on the west coast, and he lived through the momentous conflicts that helped to consolidate industrial unionism in the western resource-extractive sector of the economy. When I moved to British Columbia in 19831 met John Stanton, largely through mutual friends, some of whom were in the left-leaning Law union, and also through connections that I had forged independently with his family. He had a reputation as "a grand old man" of labour, and in the years to come I enjoyed his abilities as a raconteur, learning from an insider's knowledge of the personalities and practices that were something of a magnetic field ordering the legal history of class relations. Stanton taught me about J.L. Cohen and Hal Banks, making such figures come alive in tales of triumph and tragedy. He could tell these stories not only because he lived through the period, had access to the records before they became vii historical documents, and knew intimate details long since airbrushed out of official accounts, but because he cared about what happened to workers and unions and he remembered what is so easily forgotten and banished from mainstream accounts of the past. For all interested in the history of the working class Stanton's past is now. Our present, if we want to make a new future, is never separate from those who have fought our fight before we came along. This doesn't hold for many lawyers. John Stanton happens to be a different matter. His history is one to learn from, as these recollections of a labour lawyer show. Bryan D. Palmer President, Canadian Committee on Labour History Professor of History, Queen's University Newburgh, ON 20/1/94 viii CHAPTER ONE My Early Life That summer day in 1988 seemed brighter as I read a letter from the University of Victoria Law School. It requested an interview with me as part of a Legal History Project.1 The plan was to "ensure that the memories of those who made a major impact on the practice and development of law [in British Columbia be recorded] in a vital form for future generations." Such a possibility had not occurred to me. However, I did feel pleased that colleagues remembered enough of my 40 years in labour law to think that parts of them were worth recording for the public in permanent form. The interviewer was a young woman, Maryla Waters, who patiently conducted three long, friendly and informal discussions, a word I prefer to interviews. One particular question she asked, set me thinking: "How did a nice middle-class boy like yourself turn into a passionate advocate for unions?" I was able to pinpoint the Battle of Ballantyne Pier in 1935 as one event that gave me a powerful motive to become a labour lawyer. Later, a brief arrest on a picket line, and realizing the need of unions for legal counsel when few lawyers relished such work, were also factors. My family background didn't have anything to do with labour law or the working class. My dad, Frederic, was born in India to Church of England missionaries, Herbert and Ellen Weitbrecht. Despite their German surname Herbert was an Englishman and Ellen was an American. They were an unusually handsome couple. I never met either grandparent, but we carried lrrhe BC Aural Legal History Project is conducted by the Law Faculty, University of Victoria. It is funded by the Law Foundation of BC, the University, and the Provincial Archives of BC. The voices are captured on high quality equipment, and the tapes are transcribed at the archives. After review and correction by the interviewer and interviewee, the transcripts are typed and placed in various law libraries. A copy, and the tape itself, become part of the Archives' own collection. Public access is assured unless restricted by the person interviewed. 2 My Past Is Now on correspondence for some 30 years. It was our way of keeping family ties alive, especially because my dad and I were our parents' only sons, and visits between poor people in England and far Western Canada were out of the question. I still have letters in my grandparents' elegant handwriting. Herbert and Ellen Stanton, my paternal grandparents. In 1906, Herbert received from King Edward VII of England, acting on the advice of the Archbishop of Canterbury, an honourary degree of Doctor of Divinity. It was in recognition of his services as a missionary and his translation of the New Testament into Urdu, the language of the upper classes of the area (now a part of Pakistan) where he was stationed. The degree is represented by an impressive parchment document bearing the Great Seal of England. I will always be grateful to my grandparents for modest financial help during one very tough year after my dad died, the year when I was just starting law practice. Economically, this is a low point in the career of not a few young lawyers. My Early Life 3 Ellen Stanton 4 My Past Is Now Dad suffered from asthma all his life, and died of it in 1936, shortly before I was called to the Bar. When he was two, his parents sent him to England to be cared for and educated. From then on he saw very little of his parents because missionaries were only given furloughs for six month periods every five years. My father attended a number of English "public" schools, not top- drawer places like Eton or Harrow but less well known institutions. He was academically inclined and eventually became a teacher of languages: English, French, German, Spanish and Italian. In this respect he was like my grandfather. Like many young Englishmen around the turn of the century, dad toured Europe. He stayed in France, Switzerland and Germany including the town of Worms on the Rhine, the famous place where Martin Luther had challenged the Pope in 1531. While in Worms, my father met a young woman, Klara Dieffenbach (Claire, in English), who later became his wife and my mother. Claire and Fred Stanton, my parents. My mother's father, who was German, owned a leather factory, and had contracts to supply saddles and the like to some of Kaiser Wilhelm IPs cavalry.