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Carissima Mathen*
C h o ic es a n d C o n t r o v e r sy : J udic ia l A ppointments in C a n a d a Carissima Mathen* P a r t I What do judges do? As an empirical matter, judges settle disputes. They act as a check on both the executive and legislative branches. They vindicate human rights and civil liberties. They arbitrate jurisdictional conflicts. They disagree. They bicker. They change their minds. In a normative sense, what judges “do” depends very much on one’s views of judging. If one thinks that judging is properly confined to the law’s “four comers”, then judges act as neutral, passive recipients of opinions and arguments about that law.1 They consider arguments, examine text, and render decisions that best honour the law that has been made. If judging also involves analysis of a society’s core (if implicit) political agreements—and the degree to which state laws or actions honour those agreements—then judges are critical players in the mechanisms through which such agreement is tested. In post-war Canada, the judiciary clearly has taken on the second role as well as the first. Year after year, judges are drawn into disputes over the very values of our society, a trend that shows no signs of abating.2 In view of judges’ continuing power, and the lack of political appetite to increase control over them (at least in Canada), it is natural that attention has turned to the process by which persons are nominated and ultimately appointed to the bench. -
La Clinique De Médiation De L'université
LE MAGAZINE DES JURISTES DU QUÉBEC 4$ Volume 24, numéro 6 La Clinique de médiation de l’Université de Montréal et ses partenaires : se mobiliser pour l’accès à la justice Dans l’ordre habituel de gauche à droite, de bas en haut : Mme Rielle Lévesque (Coordonnatrice de la Clinique de médiation de l’Université de Sherbrooke) , Dr Maya Cachecho (Chercheure post- doctoral et coordonnatrice scientifique du Projet de recherche ADAJ), Me Laurent Fréchette (Président du Comité de gouvernance et d’éthique, Chambre des notaires du Québec), Pr Pierre-Claude Lafond (Professeur à l’Université de Montréal, membre du Groupe RéForMa et membre du Comité scientifique de la Clinique de médiation de l’Université de Montréal), Me Hélène de Kovachich (Juge administratif et fondatrice-directrice de la Clinique de médiation de l’Université de Montréal), Pr Marie-Claude Rigaud (Professeure à l’Université de Montréal et directrice du Groupe RéForMa), Pr Catherine Régis (Professeure à l’Université de Montréal et membre du Groupe RéForMa), Me Ariane Charbonneau (Directrice générale d’Éducaloi), Mme Anja-Sara Lahady (Assistante de recherche 2018-2019), Mme Laurie Trottier-Lacourse (Assistante de recherche 2018-2019), L’Honorable Henri Richard (Juge en chef adjoint à la chambre civile de la Cour du Québec), M Serge Chardonneau (Directeur général d’Équijustice), Mme Laurence Codsi (Présidente du Comité Accès à la Justice), Me Nathalie Croteau (Secrétaire-trésorière de l’IMAQ), Me Marie Annik Gagnon (Juge administratif coordonateur section des affaires sociales, TAQ), -
The Rt. Hon. Antonio Lamer, Chief Justice of Canada and of the Supreme Court of Canada, Is Pleased to Welcome Mr
SUPREME COURT OF CANADA PRESS RELEASE OTTAWA, January 8,1998 -- The Rt. Hon. Antonio Lamer, Chief Justice of Canada and of the Supreme Court of Canada, is pleased to welcome Mr. Justice Ian Binnie to the Court. He stated: “I am very pleased that in the legacy of our late colleague, John Sopinka, another member of the Court has been selected directly from the legal profession. It is important that this Court always be aware of the realities of the practising Bar so that we do not lose sight of the practical effect of our judgments. I am sure that Mr. Justice Binnie, who is counsel of the highest standing in the profession, will make a very valuable and lasting contribution to this Court.” Chief Justice Lamer spoke to Mr. Justice Binnie this morning to congratulate him on his appointment. Mr. Justice Binnie has indicated that he will be available to commence his duties at the Court as of the 26th of January. However, he will not be sitting that week, nor during the two following weeks as the Court is in recess, in order that he may prepare for the Quebec Reference case which will proceed, as scheduled, during the week of February 16th. Mr. Justice Binnie’s swearing-in will take place on February 2, 1998 at 11:00 a.m. in the main courtroom. Ref.: Mr. James O’Reilly Executive Legal Officer (613) 996-9296 COUR SUPRÊME DU CANADA COMMUNIQUÉ DE PRESSE OTTAWA, le 8 janvier 1998 -- Le très honorable Antonio Lamer, Juge en chef du Canada et de la Cour suprême du Canada, a le plaisir d’accueillir M. -
Canadian Law Library Review Revue Canadienne Des Bibliothèques Is Published By: De Droit Est Publiée Par
CANADIAN LAW LIBRARY REVIEW REVUE CANADIENNE DES BIBLIOTHÈQUES DE DROIT 2017 CanLIIDocs 227 VOLUME/TOME 42 (2017) No. 2 APA Journals® Give Your Users the Psychological Research They Need LEADING JOURNALS IN LAW AND PSYCHOLOGY 2017 CanLIIDocs 227 Law and Human Behavior® Official Journal of APA Division 41 (American Psychology-Law Society) Bimonthly • ISSN 0147-7307 2.884 5-Year Impact Factor®* | 2.542 2015 Impact Factor®* Psychological Assessment® Monthly • ISSN 1040-3590 3.806 5-Year Impact Factor®* | 2.901 2015 Impact Factor®* Psychology, Public Policy, and Law® Quarterly • ISSN 1076-8971 2.612 5-Year Impact Factor®* | 1.986 2015 Impact Factor®* Journal of Threat Assessment and Management® Official Journal of the Association of Threat Assessment Professionals, the Association of European Threat Assessment Professionals, the Canadian Association of Threat Assessment Professionals, and the Asia Pacific Association of Threat Assessment Professionals Quarterly • ISSN 2169-4842 * ©Thomson Reuters, Journal Citation Reports® for 2015 ENHANCE YOUR PSYCHOLOGY SERIALS COLLECTION To Order Journal Subscriptions, Contact Your Preferred Subscription Agent American Psychological Association | 750 First Street, NE | Washington, DC 20002-4242 USA ‖‖ CONTENTS / SOMMAIRE 5 From the Editor The Law of Declaratory Judgments 40 De la rédactrice Reviewed by Melanie R. Bueckert 7 President’s Message Pocket Ontario OH&S Guide to Violence and 41 Le mot de la présidente Harassment Reviewed by Megan Siu 9 Featured Articles Articles de fond Power of Persuasion: Essays -
Canadian Law Library Review Revue Canadienne Des Bibliothèques Is Published By: De Droit Est Publiée Par
CANADIAN LAW LIBRARY REVIEW REVUE CANADIENNE DES BIBLIOTHÈQUES DE DROIT VOLUME/TOME 42 (2017) No. 2 APA Journals® Give Your Users the Psychological Research They Need LEADING JOURNALS IN LAW AND PSYCHOLOGY Law and Human Behavior® Official Journal of APA Division 41 (American Psychology-Law Society) Bimonthly • ISSN 0147-7307 2.884 5-Year Impact Factor®* | 2.542 2015 Impact Factor®* Psychological Assessment® Monthly • ISSN 1040-3590 3.806 5-Year Impact Factor®* | 2.901 2015 Impact Factor®* Psychology, Public Policy, and Law® Quarterly • ISSN 1076-8971 2.612 5-Year Impact Factor®* | 1.986 2015 Impact Factor®* Journal of Threat Assessment and Management® Official Journal of the Association of Threat Assessment Professionals, the Association of European Threat Assessment Professionals, the Canadian Association of Threat Assessment Professionals, and the Asia Pacific Association of Threat Assessment Professionals Quarterly • ISSN 2169-4842 * ©Thomson Reuters, Journal Citation Reports® for 2015 ENHANCE YOUR PSYCHOLOGY SERIALS COLLECTION To Order Journal Subscriptions, Contact Your Preferred Subscription Agent American Psychological Association | 750 First Street, NE | Washington, DC 20002-4242 USA ‖‖ CONTENTS / SOMMAIRE 5 From the Editor The Law of Declaratory Judgments 40 De la rédactrice Reviewed by Melanie R. Bueckert 7 President’s Message Pocket Ontario OH&S Guide to Violence and 41 Le mot de la présidente Harassment Reviewed by Megan Siu 9 Featured Articles Articles de fond Power of Persuasion: Essays by a Very Public 41 Edited by John -
A Survivor's Guide to Advocacy in the Supreme Court of Canada
Ulls dcl cr~rnla\\'. edd Nov ?7!VX 98'29 A SURVIVOR'S GUIDE TO ADVOCACY IN THE SUPREME COURT OF CANADA by: Mr. Justice Ian Binnie Supreme Court of Canada The jol1occ:ing is an edired, erc. fexr ojrhe $rsr John Sopinkn Advocacy Lecrure presenred ro zhe Criminal Lawyers' Associarion ar Toronro, on November 27, 1998. Thank you very much Allan [Gold]. I am very honoured by the invitation to speak today. John Sopinka died almost exactly a year ago this week and it is very fitting for the Criminal Lawyers' Association to inaugurate this series of lectures to perpetuate and to honour his great talent. It is a double honour to have John's daughter Melanie here. She not only shares her Dad's feistiness, but is, as her oppocents have come to appreciate, a very considerable advocate in her own right. It seems somewhat less fitting that I should be called on to give the first of these lectures. John Sopinka fit neatly into the long line of heroic counsel reaching back to Edward Blake. and descending through W. N. Tilley to John Robinene and others, including Bert Mackimon and John's contemporary, Ian Scon, in our own day. The most I can claim is that I am a survivor, but in this room we are all sunivors. What I have to say today should therefore be seen as a survivor's guide to advocacy in the Supreme Court of Canada. The first point I want to make about John Sopinka is that he was a man with an attitude - only in extreme circumstances would he tug his forelock or use the phrase "May it please the court". -
Was Duplessis Right? Roderick A
Document generated on 09/27/2021 4:21 p.m. McGill Law Journal Revue de droit de McGill Was Duplessis Right? Roderick A. Macdonald The Legacy of Roncarelli v. Duplessis, 1959-2009 Article abstract L’héritage de l’affaire Roncarelli c. Duplessis, 1959-2009 Given the inclination of legal scholars to progressively displace the meaning of Volume 55, Number 3, September 2010 a judicial decision from its context toward abstract propositions, it is no surprise that at its fiftieth anniversary, Roncarelli v. Duplessis has come to be URI: https://id.erudit.org/iderudit/1000618ar interpreted in Manichean terms. The complex currents of postwar society and DOI: https://doi.org/10.7202/1000618ar politics in Quebec are reduced to a simple story of good and evil in which evil is incarnated in Duplessis’s “persecution” of Roncarelli. See table of contents In this paper the author argues for a more nuanced interpretation of the case. He suggests that the thirteen opinions delivered at trial and on appeal reflect several debates about society, the state and law that are as important now as half a century ago. The personal socio-demography of the judges authoring Publisher(s) these opinions may have predisposed them to decide one way or the other; McGill Law Journal / Revue de droit de McGill however, the majority and dissenting opinions also diverged (even if unconsciously) in their philosophical leanings in relation to social theory ISSN (internormative pluralism), political theory (communitarianism), and legal theory (pragmatic instrumentalism). Today, these dimensions can be seen to 0024-9041 (print) provide support for each of the positions argued by Duplessis’s counsel in 1920-6356 (digital) Roncarelli given the state of the law in 1946. -
Diversifying the Bar: Lawyers Make History Biographies of Early and Exceptional Ontario Lawyers of Diverse Communities Arran
■ Diversifying the bar: lawyers make history Biographies of Early and Exceptional Ontario Lawyers of Diverse Communities Arranged By Year Called to the Bar, Part 2: 1941 to the Present Click here to download Biographies of Early and Exceptional Ontario Lawyers of Diverse Communities Arranged By Year Called to the Bar, Part 1: 1797 to 1941 For each lawyer, this document offers some or all of the following information: name gender year and place of birth, and year of death where applicable year called to the bar in Ontario (and/or, until 1889, the year admitted to the courts as a solicitor; from 1889, all lawyers admitted to practice were admitted as both barristers and solicitors, and all were called to the bar) whether appointed K.C. or Q.C. name of diverse community or heritage biographical notes name of nominating person or organization if relevant sources used in preparing the biography (note: living lawyers provided or edited and approved their own biographies including the names of their community or heritage) suggestions for further reading, and photo where available. The biographies are ordered chronologically, by year called to the bar, then alphabetically by last name. To reach a particular period, click on the following links: 1941-1950, 1951-1960, 1961-1970, 1971-1980, 1981-1990, 1991-2000, 2001-. To download the biographies of lawyers called to the bar before 1941, please click Biographies of Early and Exceptional Ontario Lawyers of Diverse Communities Arranged By Year Called to the Bar, Part 2: 1941 to the Present For more information on the project, including the set of biographies arranged by diverse community rather than by year of call, please click here for the Diversifying the Bar: Lawyers Make History home page. -
Review of Emmett Hall: Establishment Radical
A JUDICIAL LOUDMOUTH WITH A QUIET LEGACY: A REVIEW OF EMMETT HALL: ESTABLISHMENT RADICAL DARCY L. MACPHERSON* n the revised and updated version of Emmett Hall: Establishment Radical, 1 journalist Dennis Gruending paints a compelling portrait of a man whose life’s work may not be directly known by today’s younger generation. But I Gruending makes the point quite convincingly that, without Emmett Hall, some of the most basic rights many of us cherish might very well not exist, or would exist in a form quite different from that on which Canadians have come to rely. The original version of the book was published in 1985, that is, just after the patriation of the Canadian Constitution, and the entrenchment of the Canadian Charter of Rights and Freedoms,2 only three years earlier. By 1985, cases under the Charter had just begun to percolate up to the Supreme Court of Canada, a court on which Justice Hall served for over a decade, beginning with his appointment in late 1962. The later edition was published two decades later (and ten years after the death of its subject), ostensibly because events in which Justice Hall had a significant role (including the Canadian medicare system, the Supreme Court’s decision in the case of Stephen Truscott, and claims of Aboriginal title to land in British Columbia) still had currency and relevance in contemporary Canadian society. Despite some areas where the new edition may be considered to fall short which I will mention in due course, this book was a tremendous read, both for those with legal training, and, I suspect, for those without such training as well. -
Must a Judge Be a Monk - Revisited
MUST A JUDGE BE A MONK - REVISITED John Sopinka* Almost seven years have passed since I first gave this speech. It has been discussed, debated, and referred to in at least one decision of the Judicial Conduct Committee of the Canadian Judicial Council. I have been described by some as “the most outspoken of all Canadian judges.” Since giving that speech I have continued to conduct myself in accordance with what I concluded were the restraints on judicial activity. Based on that experience and that of other judges, it is time to revisit the topic. I gave that speech at the time of my appointment because during my 28 years at the bar I had observed a remarkable variation in the views of judges as to their freedom of action. Some had withdrawn completely from society. They would not be seen in a public place such as a bar, would not speak in public and even refrained from socializing with counsel. Often these same judges would complain about the difficulty of adjusting to this monastic lifestyle. At the same time, other judges behaved more or less like ordinary citizens. In particular, they accepted some public speaking engagements and even appeared to be interviewed on television. I decided to look into the legal restraints which permitted this disparity, and discovered that, in reality, no legal restraints existed. Various so-called rules were instead based on the opinions of individual judges which varied with the particular school to which the judge belonged. The old school adhered to the maxim that a judge should speak only in reasons for judgment. -
Bertha Wilson Fonds (R15636) Finding Aid No MSS2578 MIKAN
Date: 21/06/2017 Bertha Wilson fonds (R15636) Page 1 Finding aid no MSS2578 Y:\App\Impromptu\Mikan\Reports\Description_reports\finding_aids_&_subcontainers_simplelist.im MIKAN Container File/Item Cr. file/item Hierarchy Title, etc Date of/de Extent/Media/Dim/Access cde # Contenant Dos./pièce Dos./item cr. Hiérarchie Titre, etc création Support ou Média / Dim. / Accès 4938705 Series Osler, Hoskin and Harcourt [textual record, graphic material] 1965-1972 4939542 1 1 File Ontario Law Reform Commission Report No. 1 1965 Textual records / 90 4939543 1 2 File Osgoode Hall Law School - Conference on Company Law 1965 Textual records / 90 4939544 1 3 File Portraits of Bertha Wilson n.d Graphic (photo) / 90 4939545 1 4 File York Un ive rsity Estate Planning Seminars 17-18 Textual records / 90 November 1972 4938706 Series Supreme Court of Ontario [textual record] 1962-1982 4938708 Sub-series Administrative and operational files [textual record] 1962-1982 4939546 1 5 File Abortion 1976 Textual records / 90 4939547 1 6 File Appeal Court Seminar 1980 1980 Textual records / 90 4939548 1 7 File Apellate Judges' Seminar, "Role of a Provincial Appellate Court" 1980 Textual records / 90 4939549 1 8 File Arnup, Justice John D., "The Writing of Judgments" n.d Textual records / 90 4939550 1 9 File Articles on Trusts [1975-1981] Textual records / 90 4939550 1 10 File Articles on Trusts [1975-1981] Textual records / 90 4939551 1 11 File Articles on Trusts in the Conflict of Laws [1975-1981] Textual records / 90 4939551 1 12 File Articles on Trusts in the Conflict -
Cool & Unusual Advocates
The The INSIDE Law School Practice Makes Perfect: Clinical training gives students The a professional edge. The Family Guy: One professor | T insists that the legal system can HE HE better serve children. Nine maga Lawthe magazine of the new yorkSchool university school of law • autumn 2007 experts debate his ideas. ZI From understanding contract principles to N “ E deciphering federal, state, and local codes OF T and ordinances to negotiating with various HE N parties, the skills I gained during my years Y EW O at the NYU School of Law were invaluable RK in the business world. UN ” IVERSI In 2005, Deborah Im ’04 took time off to pursue a dream: T She opened a “cupcakery” in Berkeley, California, to rave S Y reviews. When she sold the business to practice law again, C H she remembered the Law School with a generous donation. OO L L Our $400 million campaign was launched with another OF L goal: to increase participation by 50 percent. Members A of every class are doing their part to make this happen. W You should know that giving any amount counts. Meeting or surpassing our participation goal would be, well, icing on the cake. Please call (212) 998-6061 or visit us at https://nyulaw.publishingconcepts.com/giving. Nonprofit Org. U.S. Postage PAID Buffalo, NY Office of Development and Alumni Relations Permit No. 559 161 Avenue of the Americas, Fifth Floor New York, NY 10013-1205 autumn 2007, volume X volume 2007, autumn vii Cool & Unusual Advocates Anthony Amsterdam and Bryan Stevenson reveal what compels them to devote their lives to saving the condemned.