Architypes Vol. 14 Issue 2, 2005/2006
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ARCHITYPES Legal Archives Society of Alberta Newsletter Volume 14, Issue II, Winter 2005/2006 The Bench Entertains at 2005 Historical Dinners Two justices spoke at the Historical dinners this year and gave their views on Alberta legal history, one was a more personal account, the other was a broad approach, but both were filled with humour and insight. The Hon. Mr. Justice Clifton D. OBrien, recently appointed to the Court of Appeal in Calgary, spoke on his over-40 year career as a litigator. He would often appear before Magistrates who, in those days, didnt have formal legal training. He also represented the former employer (CFCN) of Albertas Premier Ralph Klein, when Klein, as a reporter, and CFCN were indicted under the Invasion of Privacy Provisions of the Criminal Code The Head Table in Calgary in 1975. Justice OBrien commented on the changes over the last 40 years, such as the faster pace and increased pressure legal history. He concluded his talk by saying that the history and the growing number of women in the profession. One of law is that of socialized humanity linking us to this mists of thing that has remained constant is that the success of a good the ages and into the future. litigator comes with judgement, legal ability and hard work. The Calgary dinner was held on September 22nd at the Palliser Hotel. Catherine Christopher, Q.C. was our Master of Ceremony, the Hon. Mr. J.W. Laycraft, Q.C. said Grace and JoAnne Strekaf introduced Justice OBrien. Greg Stirling was our piper for the evening. The VAD Ensemble provided the music for the reception and the floral arrangement was donated by Bayfresh Flowers. We would especially like to thank Gordon Hoffman, Q.C. for helping arrange all the silent auction items. At the Hotel MacDonald in Edmonton on September 29th, the Hon. Mr. Justice Ernest Marshall was our Master of Ceremony, the Hon. Chief Justice Allan Wachowich said Grace and Justice Watson was introduced by Laura Stevens, Q.C. The Head Table was piped in by Cameron Prowse, Q.C. The music at the Guests examine the legal history display in Edmonton reception was provided by The Heatherstone Quartet and once again Graham and Lane donated beautiful flowers. We would The Hon. Mr. Justice Jack Watson of the Court of Queens like to thank Janice Agrios for helping to arrange Silent Auction Bench, spoke in Edmonton. Justice Watson, as Chair of the items and Garth Fryett, Q.C. worked tirelessly to sell tickets. 100th Anniversary Book Committee, has lately been immersed It was particularly nice to have the Benchers join us for the in the history of the Law Society of Alberta. His talk focussed dinner in Edmonton. on how the law touches every aspect of our lives, from our home and family to society, and even our beliefs. Justice Thank you to everyone who attended for your support and for Watson made these points using examples from Albertas own making the evening a memorable success. v From the Vault Major Donations Boost Legal Archives Holdings by Brenda McCafferty, Archivist 2005 shaped up to be an unprecedented year in terms of Edmonton Journal significant donations received at the Legal Archives. Although photo of Vivian room does not permit us to highlight every acquisition received MacMillan and her during this Alberta Centennial year, we are pleased to feature counsel, Neil D. this small glimpse into two recent and noteworthy acquisitions. Maclean, K.C. entering the Come check out these holdings and stay tuned for more stories courthouse, 1934 revealed from these papers in upcoming Architypes issues. The Honourable John Wesley McClung, Q.C. ~The man, his father and his mentor Neil D. Maclean~ Long awaited but all too soon McPherson vs. in arriving, the records of McPherson (Privy our respected learned friend council wife- The Honourable John W. swapping case McClung, Q.C. have come involving a Minister to their final resting place at from Premier the Legal Archives. Four Brownlees cabinet) metres of records have proceedings - two arrived consisting of appeal famous Alberta legal books, respondents cases from the factums, old court 1930s. The transcripts, legal history collection also research, swearing-in includes factums, ceremony transcripts, draft appeal case and proceedings books from the Brownlee trail as papers, the list goes on. well as others involving Neil Maclean and/or John W. McClung, K.C. (son of Nellie McClung and father of John Wesley John Wesley McClung was McClung, Q.C.). admitted to the bar in 1959 Neil D. Maclean, K.C. and articled to Neil D. In some of the appeal cases Neil D. Maclean and the senior Maclean. After Macleans death in 1961, many of his legal McClung acted on opposing sides. It is interesting to note that papers ended up in the possession of McClung who was a many years later, following the death of his father in 1944, collector of legal memorabilia. Topics of historical legal John W. McClung, Q.C. articled to and practiced law with Neil research abound in these holdings and topics include: aboriginal D. Maclean, his fathers mighty and memorable opponent issues, sterilization, gross indecency, capital punishment, and during his tenure as Prosecutor in Edmonton. the trial of Louis Riel. The Honourable Asa Milton Harradence, Q.C. Oversize appointment certificates (1959 appointment of Sydney Bruce Smith, 1979 appointment of William A. McGillivray and The Honourable (and legendary) A. Milton Harradence, Q.C. the 1985 appointment of James Herbert Laycraft), were also was named by Canadian Magazine in 1975 as one of the top ten transferred to the archives holdings. Original photographs leading defense counsellors in Canada. In 1979 he was acquired include portrait shots of M. Friedman, S. Lieberman, appointed to the Alberta Court of Appeal and became recognized The Honourable James M. Cairns, and a 1968 group shot of the as a distinguished member of that court. He was all that and Supreme Court of Alberta, Appellate Court. much more. Of particular significance are the daily journals (1934, 1937, Harradence was an RCAF pilot, a champion singles tennis 1938), scrapbooks containing news clippings, and notebooks player, a boxer and a legendary single-seater fighter air show containing handwritten notes made by lawyer Neil D. Maclean pilot. He has extraordinary depth perception and great skill in during the Vivian MacMillan vs. Premier John E. Brownlee and the cockpit as well as the courtroom. 2 His collection recently donated to LASA Following a successful career in Calgary as a consists of photographs, videotapes, criminal attorney, Harradence was appointed scrapbooks, newsclippings files, reasons Justice of the Court of Appeal in 1979. In for judgment binders, speeches, Bar addition to his service to the legal profession, admission addresses, student memoranda and his demonstrated athletic and aviation correspondence, certificates, cartoon prowess, Harradence was heavily involved in caricatures by artists Kuch and Innes, and politics. He was a City of Calgary Alderman, miscellaneous memorabilia. 1957-1959 and the leader of the Alberta Progressive Conservative Party from 1962 to Some correspondence files and binders 1964. include records relating to the Independent Alberta Association, the Alberta Progressive In 1993 Harradence was appointed Honourary Conservative Party, a volume on the Laycraft Colonel of the 416 Tactical Fighter Squadron inquiry relating to Royal American Shows, in Cold Lake. He retired as a Supernumerary and Calgary Convention Centre files. The Honourable Asa Milton Justice from the Court of Appeal in 1997.v Harradence, Q.C. Library News by Stacy Kaufeld During the last year, LASAs library has benefited from van Herk, Mavericks: tremendous growth. We finally completed our Osgoode An Incorrigible History collection receiving Jerry Bannister, The Rule of Admirals: of Alberta; Harry M. Law, Custom and Naval Government in Newfoundland, 1699- Sanders, Historic Walks 1832; Patrick Brode, Courted and Abandoned: Seduction in of Calgary: Ten Walks Canadian Law; George Finlayson, John J. Robinette; Judy to Points of Historical Fudge and Eric Tucker, Labour Before the Law: Collective Architectural Interest; Action in Canada, 1900-1948; Philip Girard, Bora Laskin: Donald B. Smith, Bring Law to Life; F. Murray Greenwood and Barry Wright, Calgarys Grand Story: Canadian State Trials Volume Two: Rebellion and Invasion in The Making of a Prairie the Canadas, 1937-8; Fred Kaufmann, Searching for Justice: Metropolis from the An Autobiography; Laurel Sefton MacDowell, Renegade Viewpoint of Two Lawyer: The Life of J.L. Cohen; A.B. McKillop, The Spinster Heritage Buildings; & The Prophet: Florence Deeks, H.G. Wells, and the Mystery Peter Collum, Alberta: of the Purloined Past; David Murray, Colonial Justice: 100 Years a Home; Justice, Morality and Crime in the Niagara District, 1791- Paul Stanway, The 1849; Peter N. Oliver, The Conventional Man: The Diaries of Albertans: From Ontario Chief Justice Robert A. Harrison, 1856-1878; and Settlement to Super Province, 1905-2005; Ernest Watkins, Bruce Ziff, Unforeseen Legacies, Reuben Wells Leonard and R.B. Bennett: A Biography; and The Chinook Country Historical the Leonard Foundation Trust. Society, Remembering Chinook Country, which included an article written by LASAs archivist Brenda McCafferty. A second large donation came from the late Honourable Justice J.W. McClung, Q.C. Along with a number of books on various Other donations include Norman M. Plummer, The Goad; John subjects including American, Canadian and Ancient Roman Kettle and Dean Walker, Verdict! Eleven Revealing Canadian history, Justice McClungs donation provided LASA with a Trials; Frederic John Wrottesley, The Examination of Witnesses number of books on legal history. Some of the highlights in Court; and Angus MacMurchy, K.C. and J. Shirley Denison, include Lives of the Chief Justices of England; Lives of the K.C., The Canadian Railway Act and Amending Acts 1907- Lord Chancellors; Sidney L.