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The Jewish Immigrant Experience and the Practice of Law in Montreal, 1830 to 1990

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The Jewish Immigrant Experience and the Practice of Law in Montreal, 1830 to 1990 The Jewish Immigrant Experience and the Practice of Law in Montreal, 1830 to 1990 Mario Nigro and Clare Mauro* There exists inadequate research analysing both the II existe une recherche inad&tuate qui analyse A la history of racial and ethnic minority group participation in fois l'histoire de la participation de minoritds ethniques ct the legal profession within Canada, and racial and minority raciales dans la profession juridique au Canada et group influence on the development of the Canadian legal l'influence de ces groupes sur le d6veloppement de Ia pro- profession. This note examines the experiences of the Jew- fession juridique canadienne. Cette note examine les exp- ish legal community in Montreal from 1830 to 1990 using riences de la communaut6 juridique juive de Montral de both historical data and oral testimony to analyse the char- 1830 A 1990, utilisant h la fois des donndes historiques ainsi acter of legal practice for Jewish lawyers. que des tdmoignages oraux pour analyser le caractre de la The historical struggles and challenges that Jewish pratique du droit parmi les avocats juifs. lawyers faced in their attempts to enter and practice law in Cette note ddcrit les d6fis qu'ont connus les avocats Montreal reflect similar struggles that other members of juifs en pn6trant la profession juridique. La discrimination 1999 CanLIIDocs 54 their community encountered. The discrimination that qu'ont connue les avocats juifs a renforc6 leurs relations Jewish lawyers encountered strengthened their relationship avec leur communaut6 ethnique. Les avocats juifs survi- with their ethnic community. This relationship became one vaient grace h leurs clients juifs, et la communaut6 juive of mutual need: Jewish lawyers survived on the basis of n6cessitait l'expertise d'avocats afin de poursuivre le dd- connections and relations with Jewish clients and the Jew- veloppement de ses int~rets communautaires. Cette note ish community needed the expertise of lawyers to further examine l'influence des relations interddpendantes entre les the development of community interests. The note also avocats juifs et leur communaut6 ethnique sur la pratique demonstrates how the effects of these interdependent rela- du droit chez les avocats juifs de Montr.al et sur le ddve- tionships influenced the development of the legal profes- loppement de la communaut6 juive. Cette note dtmontre sion in general. aussi comment les effets de ces relations interddpendantes Also considered are the effects on the practice of law ont influene6 le ddveloppement de la profession juridique of diminishing discrimination against Jews in Montreal af- en gdndral. ter World War II. Opportunities for Jewish lawyers to ex- Cette note dfcrit aussi l'effet de la baisse de discri- pand their practices outside their community became pos- mination envers les juifs de Montrdal bi la suite de la Se- sible beginning in the late 1960s and early 1970s, ulti- conde Guerre Mondiale. L'occasion pour les avocats juifs mately resulting in a considerable increase in the number of de rdpandre leur pratique en dehors de leur communaute Jewish lawyers employed in large Canadian law firms. ethnique est devenue possible ds la fin des anndes 60 et au d6but des ann~es 70, cc qui a r6sultd en une considdrable croissance du nombre d'avocats juifs employds dans les grands cabinets canadiens. Mario Nigro, B.A., B.Ed., M.A., is completing his final year of the LL.B. and B.C.L. National Program at McGill University. Clare Mauro, B.A., LL.B., completed her studies at McGill University in 1998. The authors would like to thank Professor G. Blaine Baker for all his support and commit- ment. Without Professor Baker, this essay would not have been possible. The authors would also like to express their gratitude to all those who shared their stories, especially Justice Alan Goldberg. This note is dedicated to all those whose struggles helped create a more equitable climate in which Cana- dian law can be studied, taught, and practised, and to all those whose struggle continues. © McGill Law Journal 1999 Revue de droit de McGill 1999 To be cited as: (1999) 44 McGill L.J. 999 Mode de rtftrence: (1999) 44 R.D. McGill 999 1000 MCGILL LAW JOURNAL / REVUE DE DROITDE MCGILL [Vol. 44 Introduction I. Ethnic Lawyers and Legal Elites I1. The Montreal Jewish Community: Important Themes A. Immigration in the Late 1800s B. Strained Relations with Francophone and Anglophone Communities C. The Effects of Anti-Semitism Ill. Jews in the Legal Profession, 1880 to 1950 A. Discrimination of Jews in the Legal Profession B. The Importance of the Ethnic Community for Jewish Lawyers C. Jewish Lawyers and Community Activism IV Jewish Lawyers: 1950 to the Present 1999 CanLIIDocs 54 Conclusion 1999] M. NIGRO AND C. MAURO - JEWISH IMMIGRANT EXPERIENCE 1001 Introduction When examining literature on the history of the legal profession in Canada, one theme dominates in particular: it is a history of white, male elites-most often of An- glo-Saxon Protestant origin, and inQu6bec, French-Catholic.' The paucity of litera- ture reflecting the experiences of other ethnic minorities in the profession might create the misperception that ethnic minorities did not enter the profession until the post-war economic boom which coincided with the increased arrival of non-white and non- English-speaking immigrants.2 Alternatively, some believe that diversification in the profession was simply a result of governmental multiculturalism policies. There has recently been a proliferation of work on the experiences of "that other visible minority" in the profession, i.e., women.! However, with regard to racial and ethnic minorities in the legal profession, there has yet to be a definitive history detail- ing the experiences of non-white, non-Anglo-Celtic, non-Francophone, or even non- Christian lawyers in Canada, akin to Jerold Auerbach's work on discrimination in the American Bar, Unequal Justice.! This is not to suggest that there could be, or need be, 1999 CanLIIDocs 54 a singular work that addresses all of these experiences, given the ethnic and cultural diversity prevalent among current members of the profession, not to mention the geo- graphic distinctiveness of the various Canadian bars. The existing body of literature, however, fails to acknowledge the vital contribution of certain ethnic minorities to the development of the legal profession-and, by extension, the law-in Canada. One of the more prevalent themes concerning the development of the legal pro- fession is the relationship between the practice of law and the evolution of nation- hood. For instance, G. Blaine Baker considers the Law Society of Upper Canada's role as educator of nineteenth-century elites and future statesmen.! The theme of na- 'One notable exception is P. Sworden, "'A Small United Nations': The Hamilton Firm of Millar, Alexander, Tokiwa and Isaacs, 1962-1993" in C. Wilton, ed., Essays in the History of CanadianLaw, Inside the Law: CanadianLaw Finnsin HistoricalPerspective, vol. 7 (Toronto: University of Toronto Press, 1996) [hereinafter CanadianLaw Finns in HistoricalPerspective] 469. Sworden's article ad- dresses the theme of racial and ethnic under-representation within the "mainstream" of the profession, and illustrates how lawyers of diverse ethnic and racial backgrounds could find success in the profes- sion through alternatives to large, corporate mega-firms. 2 In his introduction, Sworden, ibid., briefly describes the experiences of black Ontario lawyers at the turn of the century, and the disrimination in British Columbia against admitting Chinese- Canadians to the Bar (although the latter information is drawn from sources related to their absence from the Voters' List). See generally Sworden, supra note 1. (New York: Oxford University Press, 1976). 5See G.B. Baker, "Legal Education in Upper Canada, 1785 to 1889: The Law Society as Educator" in D.H. Flaherty, ed., Essays in the History of CanadianLaw, vol. 2 (Toronto: University of Toronto Press, 1983) 49 at 55 [hereinafter "Legal Education in Upper Canada"] where Baker describes how in 1826, Bishop John Strachan wrote: 1002 MCGILL LAW JOURNAL / REVUE DE DROITDE MCGILL [Vol. 44 tion-building is also prevalent in other works contemporary to this period, such as Brian Young's study of George-Etienne Cartier.' Young illustrates how Cartier's links to socially and politically powerful French-Catholic and Anglo-Protestant families of Montreal allowed him to develop a thriving legal practice and further his own political aspirations. J.K. Johnson's work on Sir John A. Macdonald illustrates parallel devel- opments in Kingston, Ontario.! Other works on the development of the legal profession are illustrative of com- mercial developments in Canada and their relationship to the practice of law.' In Lower Canada, as in Upper Canada, the practice of law had become a family affair, with many members of the profession emanating from a few established legal dynas- ties. The ranks of the legal elite became predominantly swelled with men of English or Scottish backgrounds who were intimately connected to the commercial and social elites of the day. A review of the "biographies" of many of the prominent law firms that emerged at the end of the nineteenth century illustrates that these dynastic net- works severely limited opportunities of admission into the profession for those who 9 were not of their ranks. What these works illustrate is that until well after the second 1999 CanLIIDocs 54 [I]n a country like this [the legal profession] must be the repository of the highest tal- ents. Lawyers must, from the very nature of our political institutions-from there being no great landed proprietors-no privileged orders-become the most powerful profes- sion, and must in time possess more influence and authority than any other. The ideal lawyer described by Strachan and his contemporaries was to have been a "'most worthy, intelligent, loyal, and opulent inhabitant [,] ..
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