38443_StanTombs_OsgSoc_AR.qxp_04_26thOsgSoc-AnnRep_Final 2015-04-23 12:13 PM Page 2

The Osgoode Society For Canadian Legal History

ANNUAL REPORT 2014 38443_StanTombs_OsgSoc_AR.qxp_04_26thOsgSoc-AnnRep_Final 2015-04-23 12:13 PM Page 3

THE SEAL OF THE SOCIETY, REPRODUCED ON

THE COVER OF THIS REPORT, REFLECTS AN Introduction ELEMENT OF THE ARMS OF JOHN BEVERLEY THE OSGOODE SOCIETY WAS INCORPORATED IN MAY OF ROBINSON FROM WHOM THE LAND ON WHICH

OSGOODE HALL IS BUILT WAS PURCHASED BY 1979. IN 1993 IT BECAME THE OSGOODE SOCIETY FOR

THE LAW SOCIETY OF UPPER CANADA IN 1829. CANADIAN LEGAL HISTORY. FOUNDED AT THE INITIATIVE

OF R. ROY MCMURTRY, A FORMER ATTORNEY GENERAL AND

CHIEF JUSTICE OF ONTARIO, AND OFFICIALS OF THE LAW

SOCIETY OF UPPER CANADA, ITS PURPOSE IS TO STUDY AND

PROMOTE PUBLIC INTEREST IN THE HISTORY OF THE LAW,

THE LEGAL PROFESSION AND THE JUDICIARY IN ONTARIO

AND ELSEWHERE IN CANADA AND TO STIMULATE

RESEARCH AND PUBLICATION ON THESE SUBJECTS.

AMONG THE SOCIETY'S ACTIVITIES ARE ITS

PUBLICATIONS PROGRAMME, AN ORAL HISTORY

PROGRAMME, AND A RESEARCH SUPPORT PROGRAMME TO

ASSIST SCHOLARS DOING RESEARCH IN CANADIAN LEGAL

HISTORY. THE SOCIETY'S INTENTION IS THAT ITS ANNUAL

PUBLICATION WILL BE FUNDED BY MEMBERSHIP FEES. THE

CONTINUATION OF RELATED EFFORTS WILL DEPEND

PRIMARILY ON SUPPORT FROM THE LAW FOUNDATION OF

ONTARIO AND FROM PATRONS, BENEFACTORS AND The Osgoode Society SUSTAINING MEMBERS.

For Canadian Legal History OSGOODE HALL

130 QUEEN STREET WEST

TORONTO, ONTARIO. M5H 2N6

TELEPHONE - 416-947-3321

FAX NO. - 416-947-3447

E-MAIL - [email protected]

WEBSITE - osgoodesociety.ca

IT IS IMPORTANT THAT THE SOCIETY BE

INFORMED PROMPTLY OF ANY CHANGE OF

A MEMBER’S ADDRESS.

1 38443_StanTombs_OsgSoc_AR.qxp_04_26thOsgSoc-AnnRep_Final 2015-04-23 12:13 PM Page 4

Editor’s Report

The Osgoode Society has had another good year. to collect oral histories, invaluable resources for We published four books, on a wide range of topics. current and future historians, and to develop our The fact that our books dealt with the history of our website. Our finances are in very good shape, and legal system at the elite level (Christopher Moore’s we have a very talented Board of long-serving and history of the Ontario Court of Appeal) and at the new and enthusiastic directors. If I have one level of every day social and economic regulation concern about our future, it would be that our (Paul Craven’s examination of the pre- membership is not growing as I might wish. Confederation sessions system in New Brunswick) Current members could help this by each recruiting is itself testament to the richness and variety of the a new member in the coming year – we are still a field and of the Society’s promotion of it. Our bargain for an excellent cause, Canada! As always, books also dealt with three different provinces and I am deeply grateful for the excellent work and with the national level, and with Canadian history dedication of all our directors, and especially to two from 1784 until 1984. These 2014 books also took people who assist me with the day to day work, our us to a total of 96 titles since 1981. A very Associate Editor Philip Girard and our administrator significant milestone approaches! We also continue Marilyn MacFarlane.

The Publishing Programme In 2014 The Society published four books. Human Rights State, 1953-1984, by Dominique Clement, published by University of British ANNUAL BOOK Columbia Press. A History of the Ontario Court for Appeal, by Professor Clement's pioneering study combines the Christopher Moore, published by the University modern history of the rise of human rights with a of Toronto Press. detailed study of an administrative agency. It In 1850 the Court of Error and Appeal for Canada focusses particularly on sex discrimination, and West met for the first time. It was the first appeal documents the political debates surrounding human court for what is now Ontario that was both rights law, analyses the role of social movements in independent of the Executive Council and staffed developing the law, and discusses the working of the only by professional judges. It is therefore tribunals and human rights investigators who put the appropriate that Christopher Moore's study of the law into practice. modern court's history begins with this institution. Moore's account of the court over more than 150 2. Petty Justice: Low Law and the Sessions years is part institutional history, charting the System in Charlotte County, NB 1785-1867 by various and at times complex reorganisations since Paul Craven, published by the University of 1850 and identifying landmark events, such as the Toronto Press. opening up of criminal appeals in the late nineteenth Local administration and law enforcement in pre- century. This is also partly a biographical history, Confederation Canada was largely done through a identifying dominant figures, especially Chief coterie of appointed officials, most notably the Justices, in the court's development. justices of the peace, but also including constables, parish officers, overseers of the poor, and the like. OPTIONAL EXTRAS This system, inherited from Britain, has not previously been closely examined for Canada, and We offered members three optional extras. Paul Craven's masterful study of its operation and 1. The Rise and Fall of British Columbia's decline is thus a landmark in our legal history. In a remarkably deeply researched study of one county, 2 38443_StanTombs_OsgSoc_AR.qxp_04_26thOsgSoc-AnnRep_Final 2015-04-23 12:13 PM Page 5

Craven explains how the system worked, who used from the outside of World War One through the it, and how private and public roles and interests 1930s and the Great Depression. All regions of the overlapped and interacted. country are covered, and special attention given in one essay to Quebec’s repression of radicalism. The 3. Principles and Interests: The Struggle for a volume focusses attention on older manifestations of Canadian Bankruptcy Law, 1867-1919, by Thomas contemporary dilemmas: what are the acceptable Telfer, published by the University of Toronto limits of dissent in a democracy, and what limits Press. should be placed on state responses to perceived challenges to its authority. Professor Telfer's deeply researched book shows that between Confederation and 1919, when the federal ALL MEMBERS RECEIVE THIS BOOK AT NO parliament passed the Bankruptcy Act that remains EXTRA CHARGE. the basis of the current law, Canadians debated insolvency law with a perhaps surprising amount of OPTIONAL EXTRAS passion. The discharge raised deep issues of commercial morality, while arguments about 1. Law, Life, and Government at Red River, by priorities pitted local against regional and national Dale Gibson, Professor Emeritus, University of interests. Federalism complicated the story, as it Manitoba, published by McGill-Queen’s often does in Canadian legal history, as the federal University Press. parliament abandoned its jurisdiction over The General Quarterly Court of Assiniboia can justly bankruptcy for decades. be called the first 'British' court in western Canada. Although there were predecessor institutions and IF YOU WISH TO RECEIVE any of the above judicial arrangements for hearing criminal and civil books, please contact our offices, or visit our website cases, the establishment of the Quarterly Court in the – osgoodesociety.ca – and order on line. 1830s put the administration of justice in the Red River region on a firm and regularised footing. Professor Gibson's comprehensive history of the Book Reception Court weaves together the legal history of Red River with its social, economic, and political history. At the A reception was held at Osgoode Hall, Toronto, on th centre piece of this book sits the complete court November 4 , 2014 to launch the Society’s 2014 proceedings of the General Quarterly Court from books. 1844 until 1872, which are examined in detail and in context to provide a compelling narrative of the administration of substantial rather than formal 2015 Publications justice in a Company community.

ANNUAL BOOK 2. “Honorary Protestants”: The Jewish School Question in Montreal, 1867-1997 by David Fraser, Canadian State Trials, Volume IV: Security, Professor of Law, University of Nottingham, Dissent and the Limits of Toleration in War and published by the University of Toronto Press. Peace, 1914-1939, edited by Barry Wright, Department of Law, Carleton University, Eric Section 93 of the Constitution Act 1867 guaranteed Tucker, Osgoode Hall Law School, and Susan certain educational rights to Catholics and Binnie, Independent Scholar, published by the Protestants in Quebec, but not to anybody else. This University of Toronto Press. study of the challenges, legal and otherwise, encountered by Jewish parents in educating their This latest collection in our State Trials series, looks children in Montreal in the shadow of s. 93, will at the legal issues raised by the repression of dissent undoubtedly become the standard work on the

3 38443_StanTombs_OsgSoc_AR.qxp_04_26thOsgSoc-AnnRep_Final 2015-04-23 12:13 PM Page 6

subject. Faced with alternating periods of hostility Girard and tolerance, the Jewish community of Montreal Dewigged, Bothered and Bewildered: British carved out an educational modus vivendi based on Colonial Judges on Trial, John McLaren complex and continuing negotiations with the Westward Bound: Sex, Violence, the Law, and the Making of a Settler Society, Protestant and Catholic school boards, the provincial Lesley Erickson government, and individual municipalities. 2010 Work on Trial: Canadian Labour Law Struggles, edited by Judy Fudge and Eric Tucker Bargaining in the shadow of the law, the parties A History of the British Columbia Court of made their own constitution long before the Appeal, Christopher Moore constitutional amendment of 1997 finally put an end Viscount Haldane:Wicked Stepfather of the to the Jewish school question. Canadian Constitution, Frederick Vaughan Race on Trial:Black Defendants in Ontario's IF YOU WISH TO RECEIVE any of the optional Criminal Courts, 1850-1950, Barrington Walker extras, please indicate so on the attached form, and 2009 Canadian Maverick: The Life and Times of Ivan you will be billed when it appears. C. Rand, William Kaplan A Trying Question: The Jury in Nineteenth Centre Canada, R. Blake Brown Books Previously Published Canadian State Trials, Vol. III, Political Trials and Security Measures, 1840-1914, edited by 2014 The Court of Appeal for Ontario: Defining the Barry Wright & Susan Binnie Right of Appeal 1792-2013, Christopher Moore The Last Day, the Last Hour: The Currie Libel Equality Deferred: Sex Discrimination and Trial, Robert J. Sharpe (2nd edition- originally British Columbia’s Human Rights State, published in 1988) 1953-1984, Dominique Clement 2008 Carnal Crimes: Sexual Assault Law in Canada, Petty Justice: Low Law and the Sessions System 1900-1975, Constance Backhouse in Charlotte County, NB 1785-1867, Paul Craven Essays in the History of Canadian Law, Vol. X: Ruin & Redemption: The Struggle for a A Tribute to Peter N. Oliver, edited by Jim Canadian Bankruptcy Law, 1867-1919, Thomas Phillips, R. Roy McMurtry John Saywell Telfer The Law of the Land: The Advent of the Torrens 2013 Memoirs & Reflections, Roy McMurtry System in Canada, Greg Taylor The Massey Murder: A Maid, Her Master and The Grand Experiment: Law and Legal Culture the Trial that Shocked a Nation, Charlotte Gray in British Settler Societies, edited by Hamar Lawyers, Families, and Businesses: The Shaping Foster, Benjamin Berger, A.R. Buck of a Bay Street Law Firm, Faskens 1863-1963, 2007 The Persons Case: The Origins and Legacy of C. Ian Kyer the Fight for Legal Personhood, Robert J. Sharpe Essays in the History of Canadian Law: Volume and Patricia McMahon XI: Quebec and the Canadas, edited by G. Blaine Misconceptions: Unmarried Motherhood and Baker and Donald Fyson the Children of Unmarried Parents Act, Lori 2012 Arming and Disarming: A History of Gun Chambers Control in Canada, R. Blake Brown The Alberta Supreme Court at 100: History & Property on Trial: Canadian Cases in Context, Authority, edited by Jonathan Swainger edited by Eric Tucker, James Muir & Bruce Ziff My Life in Crime and Other Academic Hunger, Horses and Government Men: Criminal Adventures, Martin Friedland Law on the Aboriginal Plains, 1870-1905, Shelley 2006 Magistrates, Police & People: Everyday Gavigan Criminal Justice in Quebec and Lower Canada, The African-Canadians Legal Odyssey: Selected 1764-1837, Donald Fyson Essays, edited by Barrington Walker The Court of Queen’s Bench of Manitoba 1870- 2011 The Lazier Murder: Prince Edward County, 1950: A Biographical History, Dale Brawn 1884, Robert J. Sharpe R.C.B. Risk, A History of Canadian Legal Lawyers and Legal Culture in British North Thought: Collected Essays, edited and introduced America: Beamish Murdoch of Halifax, Philip

4 38443_StanTombs_OsgSoc_AR.qxp_04_26thOsgSoc-AnnRep_Final 2015-04-23 12:13 PM Page 7

by G. Blaine Baker and Jim Phillips Capital Punishment, Beverley Boissery and 2005 Bora Laskin: Bringing Law to Life, Philip Girard F. Murray Greenwood In Search of Justice: An Autobiography, Fred Unforeseen Legacies: Reuben Wells Leonard Kaufman and the Leonard Foundation Trust, Bruce Ziff. Essays in the History of Canadian Law, Vol. IX, 1999 Colour-Coded: A Legal History of Racism in Two Islands: Newfoundland & PEI, edited by Canada, 1900-50, Constance Backhouse Christopher English Essays in the History of Canadian Law, Vol. 2004 Osgoode Hall: An Illustrated History, John VIII, in Honour of R.C.B. Risk, edited by Honsberger G. Blaine Baker and Jim Phillips Aggressive in Pursuit: The Life of Justice Chief Justice W.R. Jackett: By the Law of the Emmett Hall, Frederick Vaughan Land, Richard Pound The Heiress vs. The Establishment: Mrs. Fulfilment, Memoirs of a Criminal Court Judge, Campbell’s Campaign for Legal Justice, David Vanek Constance Backhouse and Nancy Backhouse 1998 White Man’s Law: Native People in Nineteenth- The Supreme Court of Nova Scotia, 1754-2004; Century Canadian Jurisprudence, Sidney From Imperial Bastion to Provincial Oracle, Harring edited by Philip Girard, Jim Phillips & Barry Cahill ‘Terror to Evil-Doers’: Prisons and Punishments in Nineteenth-Century Ontario, Peter Oliver 2003 Brian Dickson: A Judge’s Journey, Robert Sharpe and Kent Roach 1997 ‘Race’, Rights and the Law in the Supreme Court of Canada: Historical Case Studies, James The Conventional Man: The Diaries of Ontario W. St.G. Walker Chief Justice Robert A Harrison, 1856-1878, edited with an introduction by Peter Oliver Married Women and Property Law in Victorian Ontario, Lori Chambers John J. Robinette, Peerless Mentor: An Appreciation, George D. Finlayson Casual Slaughters and Accidental Judgments: Canadian War Crimes and Prosecutions, Rule of the Admirals: Law, Custom, and Naval 1944-48, Patrick Brode Government in Newfoundland, 1699-1832, Jerry Bannister The Federal Court of Canada: A History, 1875-1992, Ian Bushnell 2002 The Law Makers: Judicial Power and the Shaping of Canadian Federalism, John T. 1996 Essays in the History of Canadian Law, Vol. VII, Saywell Inside the Law: Canadian Law Firms in Historical Perspective, edited by Carol Wilton Colonial Justice: Justice, Morality and Crime in the Niagara District, 1791-1849, David Murray Bad Judgment: The Case of Mr. Justice Leo Landreville, William Kaplan Canadian State Trials Volume Two: Rebellion and Invasion in the Canadas, 1837-8, edited by Canadian State Trials, Vol. I, Law, Politics and F. Murray Greenwood and Barry Wright Security Measures 1608-1837, edited by F. Murray Greenwood and Barry Wright Courted and Abandoned: Seduction in Canadian Law, Patrick Brode 1995 Just Lawyers: Seven Portraits, David R. Williams 2001 Judging Bertha Wilson: Law as Large as Life, Ellen Anderson Northern Justice: The Memoirs of Mr. Justice William G. Morrow, edited by W.H. Morrow Labour Before the Law: Collective Action in Canada, 1900-1945, Judy Fudge and Eric Tucker Essays in the History of Canadian Law, Vol. VI, British Columbia and the Yukon, edited by Renegade Lawyer: The Life of J.L. Cohen, Hamar Foster and John McLaren Laurel Sefton MacDowell A Deep Sense of Wrong, The Treason, Trials, ‘The Thousandth Man’: A Biography of James 2000 and Transportation to New South Wales of McGregor Stewart, Barry Cahill Lower Canadian Rebels After the 1838 The Spinster and the Prophet: Florence Deeks, Rebellion, Beverley Boissery H.G. Wells, and the Mystery of the Purloined 1994 A Passion for Justice: The Legacy of James Past, A.B. McKillop Chalmers McRuer, Patrick Boyer Uncertain Justice: Canadian Women and Essays in the History of Canadian Law, Vol. V., Crime and Criminal Justice, edited by Jim Phillips, Tina Loo & Susan Lewthwaite

5 38443_StanTombs_OsgSoc_AR.qxp_04_26thOsgSoc-AnnRep_Final 2015-04-23 12:13 PM Page 8

The Life and Times of Arthur Maloney: The 1988 Middleton: The Beloved Judge, John Arnup Last of the Tribunes, Charles Pullen (out of print) See also 2009 The Politics of Codification: The Lower 1987 The Fiercest Debate: Cecil A. Wright, the Canadian Civil Code of 1866, Brian Young Benchers and Legal Education in Ontario, 1993 Legacies of Fear: Law and Politics in Quebec in 1923-1957, C. Ian Kyer and Jerome Bickenbach the Era of the French Revolution, F. Murray 1986 Mr. Attorney: The Attorney General for Ontario Greenwood in Court, Cabinet and Legislature, 1791-1899, Policing Canada's Century: A History of the Paul Romney Canadian Association of Chiefs of Police, Greg The Case of Valentine Shortis: A True Story of Marquis Crime and Politics in Canada, Martin Friedland 1992 Speedy Justice: The Tragic Last Voyage of His 1985 The Supreme Court of Canada: History of the Majesty's Vessel Speedy, Brendan O’Brien Institution, James Snell and Frederick Vaughan Provincial Justice: Upper Canadian Legal 1984 Sir John Beverley Robinson: Bone and Sinew of Portraits from the Dictionary of Canadian the Compact, Patrick Brode Biography, edited by Robert Fraser Duff, A Life in the Law, David R. Williams 1991 Petticoats and Prejudice: Women and Law in (out of print) Nineteenth-Century Canada, Constance Backhouse 1983 Essays in the History of Canadian Law, Vol. II, edited by David H. Flaherty (Now available in 1990 Essays in the History of Canadian Law, Vol. III, paperback) Nova Scotia, edited by Philip Girard and Jim Phillips (Now available in paperback) 1982 Cornerstones of Order: Courthouses and Town Halls of Ontario, 1784-1914, Marion MacRae & Essays in the History of Canadian Law, Vol. IV, Anthony Adamson Beyond the Law, Lawyers and Business in Canada 1830-1930, edited by Carol Wilton 1981 Essays in the History of Canadian Law, Vol. I, edited by David H. Flaherty 1989 The Genesis of the Canadian Criminal Code of 1892, Desmond Brown Please note The Odyssey of John Anderson, Patrick Brode You may choose any fifteen books for $300.00 (incl. GST). For individual volumes or for sets please contact The Society.

6 38443_StanTombs_OsgSoc_AR.qxp_04_26thOsgSoc-AnnRep_Final 2015-04-23 12:13 PM Page 9

Patrons and Benefactors The Stuart Thom Fund of the Society In 1998, following receipt We are most grateful to our Patrons and Benefactors of two generous gifts from whose generous support made many of our efforts the estates of Stuart Thom possible. and his wife, Lian, the Osgoode Society Patrons: established the Stuart Thom Blake, Cassels & Graydon LLP Fund. In 1999 and 2000 Chernos Flaherty & Svonkin LLP further grants from the Gowlings LLP Thom estates totalling The Law Foundation of Ontario $50,000.00, brought the total contribution to Osler, Hoskin & Harcourt LLP $100,000.00. This generosity, unequalled among Torys LLP our personal donors, will go a considerable distance WeirFoulds LLP to help ensure that the Osgoode Society is able to carry on its work for many years to come. Details A “Patrons Page” is included in each of our about the current state of the Fund are presented in publications. Additional Patrons and Benefactors our Financial Statements. are most welcome. Patrons contribute between The Society hopes that other possible $2,500.00 and $5,000.00; Benefactors $1,000.00 to benefactors may see fit to follow this example and $2,499.00. We also have a category of ‘Corporate to remember the Society in their estate planning. Sustaining members’ which is $500.00. For All donations and bequests will receive charitable information about charitable receipts, please contact receipts for income tax purposes. our office. The nineteenth Annual Patrons’ Dinner was held on May 28th, 2014 at Osgoode Hall in the Benchers’ Dining Room. The dinner was hosted by Thomas Membership Conway, Treasurer of the Law Society of Upper Canada, and chaired by R. Roy McMurtry, president 2014 2013 of the Society. The purpose of the dinner is to honour Society Patrons whose generosity makes Student 48 91 possible the continuation of much of the Society’s Ordinary 470 863 work, including the publication of optional extras. Ind. Sustaining 177 173 The Osgoode Society thanks the Law Society of Corp. Sustaining 11 Upper Canada for hosting and sponsoring the Life 11 Patrons’ Dinner. 697 1,129

7 38443_StanTombs_OsgSoc_AR.qxp_04_26thOsgSoc-AnnRep_Final 2015-04-23 12:13 PM Page 10

Individual Sustaining Members Mr. Bryan Finlay Mr. Raj Anand Mr. David Flaherty D.T. Anderson The Hon. R.J. Flinn Dr. Philip Anisman Ms. Violet French The Hon. Robert Armstrong Prof. Martin Friedland Mr. Brent Arnold Prof. Shelley Gavigan The Hon. Nancy Backhouse Prof. Philip Girard Prof. Rainer Baehre Mr. Duncan W. Glaholt Mr. Timothy Baikie The Hon. Bruce A. Glass Prof. Dennis Baker The Hon. Stephen Goudge Mr. Thomas Bastedo Mr. Brian Gover The Hon. Douglas Bean Mr. Brian H. Greenspan Prof. John Beattie Mr. Edward L. Greenspan, Q.C. Mr. Brian Bellmore The Hon. Susan Greer Prof. Jamie Benidickson Mr. Shawn Haggerty Mr. Bradley Berg Prof. Balfour Halevy The Hon. Kenneth Binks Prof. Doug Harris Dr. Susan Binnie Her Worship Mary Ross Hendriks The Hon. Robert Blair The Hon. Elizabeth Heneghan Ms. Sheila Block The Hon. Nicole Duval Hesler Mr. Ian Blue Mr. James A. Hodgson Mr. Brian Blumenthal Prof. Peter Hogg Mr. Michael Boudreau The Hon. Peter Howden Mr. Wayne Braid Mr. Peter Hutchins The Hon. George Brophy Ms. Trisha Jackson Mr. Justice. David Brown Mr. Mahmud Jamal Mr. Russell Brown Mr. Justice Peter Jarvis Prof. Lyndsay Campbell The Hon. Nancy Kastner The Hon. Tom Carey Mr. Wayne Kerr Mr. Ian Cartwright Mr. Donald Kidd Prof. Lori Chambers The Hon. Fran Kiteley The Hon. Louise Charron The Hon. Horace Krever Mr. Steven Chaplin The Hon. Gary Kunnas Mr. Earl Cherniak The Hon. Gerald LaForest Mrs. Beverley Chernos Mr. Robert Lapper Mr. David Chernos Mr. John Legge Mr. John Clarry Ms. Rosemary Legris Mr. Alan Cooper The Hon. Lynne Leitch The Hon. David Corbett The Hon. Patrick LeSage Mr. Jeff Cowan Mr. Ted Livingstone Mr. Stephen Coxford Ms. M. Virginia MacLean Prof. Paul Craven The Hon. James MacPherson Mr. James Crawford Mr. Dan Malamet The Hon. Robert Crawford Mr. Athar Malik Ms. Cheryl Cruickshank The Hon. Frank Marrocco The Hon. Maurice Cullity The Hon. Lauren Marshall Mr. Lyle Curran The Hon. Wendy Matheson Ms. Christine Davidson Mr. Jeremy Martin Mr. Rhys Davies Mr. John McCamus The Hon. Antonio Di Zio Mr. Gordon McConnell Mr. J. Daniel Dooley The Hon. Hilda McKinlay Ms. Linda Silver Dranoff The Hon. Colin McKinnon Mr. Wilfred Estey The Hon. Hugh R. McLean Mr. J. Douglas Ewart Ms. Patricia McMahon M. Fairburn The Hon. Roy McMurtry

8 38443_StanTombs_OsgSoc_AR.qxp_04_26thOsgSoc-AnnRep_Final 2015-04-23 12:13 PM Page 11

Mr. Willson McTavish Mr. William Trudell Mr. W.A. Derry Millar Prof. Eric Tucker Mr. Louis Mirando The Hon. Michael Tulloch Mr. Graeme G. Mitchell Mr. Tim Wach Ms. M. Montpetit Prof. Janet Walker The Hon. John Morden Mr. J.J. Wardlaw Mr. David Morin Mr. Peter Webb The Hon. Julie Morneau Mr. Jonathan Weisman The Hon. Gregory Mulligan Mr. Gordon Wetstein The Hon. Petra Newton Mr. Brian Wheatley The Hon. Ralph Ottenbreit Prof. M. Wilkinson Ms. Mary Paterson Mr. John R. Wilson The Hon Laurence Pattillo Mr. Robert Yalden Ms. Laurie Pawlitza Mr. Dana Peebles Mr. J.S.A. Pengelly Awards Mr. Wilfrid E.D. Peters The Society offers or administers a number of Prof. Jim Phillips awards. Mr. Richard Potter R. Roy McMurtry Fellowship. In 2014 we awarded Mr. Richard Pound the seventh R. Roy McMurtry Fellowship in Mr. Bert Raphael Canadian Legal History. This fellowship was The Hon. Timothy Ray created on the occasion of the retirement as Chief The Hon. Robert D. Reilly Justice of Ontario of the Hon. R. Roy McMurtry. It The Hon. Paul Reinhardt honours the contribution to Canadian legal history The Hon. Gilles Renaud of the founder of the Osgoode Society for Canadian The Hon. John Richard Legal History and its current President. The Mr. J. Gregory Richards fellowship was established by Chief Justice Mr. Joel Richler McMurtry’s friends and colleagues, and funded by Mr. Christopher Riggs private donations and the Law Foundation of Mr. Gary Rodrigues Ontario. The fellowship is to support graduate Mr. William Ross (preferably doctoral) students or those with a Mr. Ori Rubin recently completed doctorate, to conduct research in Mr. Jeffrey Sack Canadian legal history, for one year. The Hon. Edward Saunders Mr. Paul Schabas The 2014 winner was Peter Price, a PhD student Mr. Martin Sclisizzi at Queen’s University, working on a post-doctoral The Hon. David G. Scott project on lawyers and legal and constitutional Mr. Gordon Sedgwick thought in late nineteenth and early twentieth The Hon. Robert Sharpe century Canada. The Osgoode Society Ms. Maureen Simpson congratulates the winner, chosen from a very strong Chief Justice Heather Smith field of applicants, and is delighted that the Dean Lorne Sossin fellowship has been awarded to such worthy Mr. David Spiro researchers. Mr. Christopher Stanek Peter Oliver Prize. The Peter Oliver Prize in Mr. David Steeves Canadian Legal History is named for the Society’s Mr. Paul Stern founding editor-in-chief, and awarded annually for Ms. Jennifer Stoddart published work in Canadian legal history written by The Hon. Justice George Strathy a student. Students in any discipline and at any stage Mr. Harvey Strosberg of their careers are eligible. The winner for 2014 Ms. Beth Symes was Mary Stokes, ‘Grand Juries and “Proper Mr. Gerald E. Taylor Authorities”: Low Law, Soft Law, and Local Mr. Paul Taylor Government in Canada West/Ontario, 1850-1880’, Mr. David S. Thompson in G. Blaine Baker and Donald Fyson, eds., Essays The Hon. George Thomson in the History of Canadian Law: Vol. XI Quebec and Mr. Gavin Tighe the Canadas. 9 38443_StanTombs_OsgSoc_AR.qxp_04_26thOsgSoc-AnnRep_Final 2015-04-23 12:13 PM Page 12

John T. Saywell Prize for Canadian Constitutional We have been privileged over the past several Legal History. This prize, established through the years to have co-sponsored oral history programmes generosity of Professor Saywell’s son John with several bodies and organizations. We thank the MacIntosh and in recognition of Professor Saywell’s following: The Advocates’ Society and The Ontario life-long commitment to the highest standards of Conference of Judges. scholarship in Canadian history and law, is given bi- From the programme’s inception, most of the annually to the best new book in Canadian legal interviews have been carried out by Christine Kates. history, broadly defined, that makes an important For the past few years we have also been fortunate contribution to an understanding of the constitution to be able to employ the skills of Cynthia Smith. and/or federalism. We are now using a third interviewer, Rosemary The Saywell Prize is awarded every second Legris. The assistance of volunteer interviewers year. It will be awarded again in 2015. remains important. If you wish to act as a volunteer interviewer, please contact the Society. Student Book Award The number of legal professionals interviewed The Society in co-operation with Canadian law through the programme since 1979 now totals 584, schools offers an annual book award to a graduating with approximately 90,300 pages of transcript. student deemed to have done excellent work in legal For a complete listing of all interviews conducted history. The Society provides one book from its for the Osgoode Society oral history programme, back list and a current membership, including the please contact Marilyn MacFarlane at annual publication, to such a student in each [email protected]. participating Canadian Law School.

Terms of Access to the Osgoode Society Collection Graduate Student Assistance Programme All tapes are transcribed and tapes and transcripts The Society continues its Graduate Student are placed in the Archives of Ontario for Assistance programme intended to offer some safekeeping. Each interviewee may close all or part financial assistance to graduate students doing of the material for a period of years and may also research in Canadian legal history to travel to out- make the material available as he or she sees fit. of-town archives. Applications are invited. The Osgoode Society retains copyright to the material. No portion of the material may be Research Support Programme photocopied without written permission from the The Society in 2014 made the following grants: Osgoode Society. The material contained in the Professor Philip Girard, for research on a Osgoode Society Collection is intended for legal, history of law in Canada. historical, genealogical or other worthwhile research. It must be used at the Archives of Ontario. For information as to use please contact either the Osgoode Society or the Archives of Ontario at Oral History 416-327-1550. The Society's Oral History Programme is a unique and invaluable source of information on all aspects of our legal past. The interviews have been used extensively in scholarly research and the programme has gained a wide reputation across Canada and beyond for the quality and scope of its work. Several of our programmes are privately funded, for example by law firms, judges’ associations etc., and we are pleased to discuss possible sponsorship with interested parties.

10 38443_StanTombs_OsgSoc_AR.qxp_04_26thOsgSoc-AnnRep_Final 2015-04-23 12:13 PM Page 13

Completed Interviews in 2014 Directors and Annual Meeting IN-DEPTH Meetings of the Board of Directors were held on Mr. Raj Anand January 23rd and September 23rd. The Annual The Hon. Stephen Goudge Meeting of Members of the Society took place on Prof. Edward Ratushny June 14 at Osgoode Hall. The following were unanimously elected as Brampton project Directors of the Osgoode Society: Mr. Marvin Kurz The Hon. Robert Armstrong, Court of Appeal for Ontario The Hon. Kenneth Binks, Low, Murchison LLP Muskoka project Dr. Susan Binnie Mr. John Cruickshank Mr. David Chernos, Chernos Flaherty & Svonkin Mr. Mike Fitton LLP The Hon. Robert Weekes Mr. J. Doug Ewart The Hon. Thomas Wood Ms. Violet French, Torkin Manes LLP Professor Martin Friedland, C.C., Q.C., SPONSORED PROJECTS Faculty of Law, University of Toronto Ontario Court of Justice History project Professor Philip Girard, Osgoode Hall Law School The Hon. Peter Griffiths Mr. William Kaplan The Hon. Lynn Ratushny Mr. C. Ian Kyer, RPM Technologies Ms. Virginia MacLean, Q.C., Barrister & Solicitor The Hon. Maria Linhares DeSousa Ms. Patricia McMahon The Hon. Laurence Thibideau The Hon. R. Roy McMurtry, Hull & Hull LLP Mr. Dana Peebles, McCarthy Tetrault LLP The Hon. Paul Perell, Superior Court of Justice In Progress The Hon. Paul H. Reinhardt, Ontario Court of Justice Treasurer’s project Mr. William Ross, WeirFoulds LLP Ms. Laurie Pawlitza Mr. Paul Schabas, Blake, Cassels & Graydon LLP The Hon. Robert Sharpe, Court of Appeal for SPONSORED PROJECTS Ontario Ontario Court of Justice History project Mr. Alex Smith, Torys The Hon. J. Bark Dean Lorne Sossin, Osgoode Hall Law School Ms. Mary Stokes, Legge & Legge The Hon. I. Hansen The Hon. Michael Tulloch, Court of Appeal for The Hon. S. Nosanchuk Ontario The Hon. Jennifer Blishen (The Treasurer of The Law Society of Upper Canada, the Attorney General for Ontario, and Attorney General (Ontario) project Professor Jim Phillips, Faculty of Law, University of Ms. Janet Minor Toronto, are directors ex officio.) The annual meeting was addressed by Mr. Christopher Moore, The Court of Appeal for Ontario: Defining the Right of Appeal 1792-2013. Once again, the Directors of the Society thank the Law Foundation of Ontario and the Law Society of Upper Canada for their encouragement and support and express their gratitude to the Patrons and Benefactors of the Society and to sustaining members. And we thank our solicitors, Osler, Hoskin & Harcourt LLP, for their continuing guidance and advice. The Directors welcome inquiries and suggestions on any aspect of the work of the Society. Osgoode Hall. May 2015 11 38443_StanTombs_OsgSoc_AR.qxp_04_26thOsgSoc-AnnRep_Final 2015-04-23 12:13 PM Page 14

FINANCIAL STATEMENTS

13-14

15-16

17-18

19

20

21-25

12 38443_StanTombs_OsgSoc_AR.qxp_04_26thOsgSoc-AnnRep_Final 2015-04-23 12:13 PM Page 15

13 38443_StanTombs_OsgSoc_AR.qxp_04_26thOsgSoc-AnnRep_Final 2015-04-23 12:13 PM Page 16

14 38443_StanTombs_OsgSoc_AR.qxp_04_26thOsgSoc-AnnRep_Final 2015-04-29 12:49 PM Page 17 See accompanying notes

15 38443_StanTombs_OsgSoc_AR.qxp_04_26thOsgSoc-AnnRep_Final 2015-04-23 12:13 PM Page 18 See accompanying notes

16 38443_StanTombs_OsgSoc_AR.qxp_04_26thOsgSoc-AnnRep_Final 2015-04-23 12:13 PM Page 19 See accompanying notes

17 38443_StanTombs_OsgSoc_AR.qxp_04_26thOsgSoc-AnnRep_Final 2015-04-23 12:13 PM Page 20 See accompanying notes

18 38443_StanTombs_OsgSoc_AR.qxp_04_26thOsgSoc-AnnRep_Final 2015-04-23 12:13 PM Page 21 See accompanying notes

19 38443_StanTombs_OsgSoc_AR.qxp_04_26thOsgSoc-AnnRep_Final 2015-04-23 12:13 PM Page 22

See accompanying notes

20 38443_StanTombs_OsgSoc_AR.qxp_04_26thOsgSoc-AnnRep_Final 2015-04-23 12:13 PM Page 23

21 38443_StanTombs_OsgSoc_AR.qxp_04_26thOsgSoc-AnnRep_Final 2015-04-23 12:13 PM Page 24

22 38443_StanTombs_OsgSoc_AR.qxp_04_26thOsgSoc-AnnRep_Final 2015-04-23 12:13 PM Page 25

23 38443_StanTombs_OsgSoc_AR.qxp_04_26thOsgSoc-AnnRep_Final 2015-04-23 12:13 PM Page 26

24 38443_StanTombs_OsgSoc_AR.qxp_04_26thOsgSoc-AnnRep_Final 2015-04-23 12:13 PM Page 27

25 38443_StanTombs_OsgSoc_AR.qxp_04_26thOsgSoc-AnnRep_Final 2015-04-23 12:13 PM Page 28

The Osgoode Society Officers

President The Hon. R. Roy McMurtry Editor-in-Chief Jim Phillips Associate Editor Philip Girard Treasurer C. Ian Kyer Secretary & Administrator Marilyn MacFarlane Counsel Osler, Hoskin & Harcourt LLP

Board of Directors

See page 11

26 38443_StanTombs_OsgSoc_AR.qxp_04_26thOsgSoc-AnnRep_Final 2015-04-23 12:13 PM Page 29

Patrons of the Society

Blake, Cassels & Graydon LLP

Chernos Flaherty & Svonkin LLP

Gowlings LLP

The Law Foundation of Ontario

Osler, Hoskin & Harcourt LLP

Torys LLP

WeirFoulds LLP

27