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From Next Best to World Class: the People and Events That Have
FROM NEXT BEST TO WORLD CLASS The People and Events That Have Shaped the Canada Deposit Insurance Corporation 1967–2017 C. Ian Kyer FROM NEXT BEST TO WORLD CLASS CDIC—Next Best to World Class.indb 1 02/10/2017 3:08:10 PM Other Historical Books by This Author A Thirty Years’ War: The Failed Public Private Partnership that Spurred the Creation of the Toronto Transit Commission, 1891–1921 (Osgoode Society and Irwin Law, Toronto, 2015) Lawyers, Families, and Businesses: A Social History of a Bay Street Law Firm, Faskens 1863–1963 (Osgoode Society and Irwin Law, Toronto, 2013) Damaging Winds: Rumours That Salieri Murdered Mozart Swirl in the Vienna of Beethoven and Schubert (historical novel published as an ebook through the National Arts Centre and the Canadian Opera Company, 2013) The Fiercest Debate: Cecil Wright, the Benchers, and Legal Education in Ontario, 1923–1957 (Osgoode Society and University of Toronto Press, Toronto, 1987) with Jerome Bickenbach CDIC—Next Best to World Class.indb 2 02/10/2017 3:08:10 PM FROM NEXT BEST TO WORLD CLASS The People and Events That Have Shaped the Canada Deposit Insurance Corporation 1967–2017 C. Ian Kyer CDIC—Next Best to World Class.indb 3 02/10/2017 3:08:10 PM Next Best to World Class: The People and Events That Have Shaped the Canada Deposit Insurance Corporation, 1967–2017 © Canada Deposit Insurance Corporation (CDIC), 2017 All rights reserved. No part of this publication may be reproduced, stored in a retrieval system, or transmitted, in any form or by any means, without the prior written permission of the publisher. -
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), -
A Rare View Into 1980S Top Court
A rare view into 1980s top court New book reveals frustrations, divisions among the judges on the Supreme Court By KIRK MAKIN JUSTICE REPORTER Thursday, December 4, 2003- Page A11 An unprecedented trove of memos by Supreme Court of Canada judges in the late 1980s reveals a highly pressured environment in which the court's first female judge threatened to quit while another judge was forced out after plunging into a state of depression. The internal memos -- quoted in a new book about former chief justice Brian Dickson -- provide a rare view into the inner workings of the country's top court, which showed itself to be badly divided at the time. The book portrays a weary bench, buried under a growing pile of complex cases and desperately worried about its eroding credibility. One faction complained bitterly about their colleagues' dithering and failure to come to grips with their responsibilities, according to memos seen for the first time by the authors of Brian Dickson: A Judge's Journey. The authors -- Mr. Justice Robert Sharpe of the Ontario Court of Appeal and University of Toronto law professor Kent Roach -- also interviewed many former judges and ex-clerks privy to the inner workings of the court at arguably the lowest point in its history. "The court was struggling with very difficult issues under very difficult circumstances at the time," Prof. Roach said yesterday. "It was a court that had an incredible amount on its plate and, in retrospect, we were well served by that court." The chief agitators were Mr. Justice Antonio Lamer and Madam Justice Bertha Wilson. -
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. -
NB: the Following Is a Pre-Publication Copy of an Article Scheduled to Appear in Vol
1 [NB: The following is a pre-publication copy of an article scheduled to appear in vol. 51:2 of the Osgoode Hall Law Journal (winter 2014).] Philip Girard, “A Tempest in a Transatlantic Teapot: A Legal Historian’s Critical Analysis of La Bataille de Londres” On 8 April 2013 Les Édition du Boréal released a book by Frédéric Bastien entitled La Bataille de Londres: Dessous, secrets, et coulisses du rapatriement constitutionnel. In it, Bastien retold the patriation saga of 1978-82 using new evidence from the United Kingdom, mainly British diplomatic correspondence obtained through freedom of information requests. While the book shed new light on the politics of the patriation process, especially on the British side, it was Bastien’s allegations about the activities of two judges on the Supreme Court of Canada that immediately garnered front-page headlines in the English and French media.1 Bastien alleged that Chief Justice Laskin and Justice W.Z. ‘Bud’ Estey had had back-channel communications with the federal and British authorities before and during the Patriation reference, improprieties that, in Bastien’s view, rendered the opinion null and void and the constitutional deal of 1981-82 illegitimate. For Dr Bastien, the actions of Pierre Trudeau coupled with those of the judges amounted to nothing less than a coup d’état that aimed to overturn the existing constitutional order.2 The purpose of this article is to argue that, with one exception, Dr Bastien is mistaken in his interpretation of the judges’ conduct, and that in the one case where there is some cause for concern, any impropriety would have no effect on the validity of the Patriation Reference or the constitutional accord arrived at in the fall of 1981. -
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. -
Paul J. Lawrence Fonds PF39
FINDING AID FOR Paul J. Lawrence fonds PF39 User-Friendly Archival Software Tools provided by v1.1 Summary The "Paul J. Lawrence fonds" Fonds contains: 0 Subgroups or Sous-fonds 4 Series 0 Sub-series 0 Sub-sub-series 2289 Files 0 File parts 40 Items 0 Components Table of Contents ........................................................................................................................Biographical/Sketch/Administrative History .........................................................................................................................54 .......................................................................................................................................................................................................................................................................................................................................................................................................................... ........................................................................................................................Scope and Content .........................................................................................................................54 ......................................................................................................................................................................................................................................................................................................................................................................................................................... -
A Legal Historian's Critical Analysis of Frédéric Bastien's La Bataille
Osgoode Hall Law Journal Article 8 Volume 51, Issue 2 (Winter 2014) A Tempest in a Transatlantic Teapot: A Legal Historian’s Critical Analysis of Frédéric Bastien’s La Bataille de Londres Philip Girard Osgoode Hall Law School of York University, [email protected] Follow this and additional works at: http://digitalcommons.osgoode.yorku.ca/ohlj Review Essay Citation Information Girard, Philip. "A Tempest in a Transatlantic Teapot: A Legal Historian’s Critical Analysis of Frédéric Bastien’s La Bataille de Londres." Osgoode Hall Law Journal 51.2 (2014) : 673-699. http://digitalcommons.osgoode.yorku.ca/ohlj/vol51/iss2/8 This Review Essay is brought to you for free and open access by the Journals at Osgoode Digital Commons. It has been accepted for inclusion in Osgoode Hall Law Journal by an authorized editor of Osgoode Digital Commons. A Tempest in a Transatlantic Teapot: A Legal Historian’s Critical Analysis of Frédéric Bastien’s La Bataille de Londres Abstract This review discussed the allegations in Frederic Bastien’s book La Bataille de Londres, to the effect that two Supreme Court of Canada judges had improper communications with British and Canadian authorities before and after the hearing of the Patriation Reference. It analyzes in detail the five incidents upon which the allegations are based, and finds that the author’s interpretation cannot be supported in four of them because of faulty interpretation of the evidence or incomplete research. The fifth incident, in which Chief Justice Laskin met with the English attorney general, is found to have been arguably inappropriate judicial behaviour, but to have no effect in law on the ultimate decision in the Patriation Reference. -
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 -
Institutional Legitimacy, Strategic Decision Making and the Supreme Court of Canada
Between Activism and Restraint: Institutional Legitimacy, Strategic Decision Making and the Supreme Court of Canada by Vuk Radmilovic A thesis submitted in conformity with the requirements for the degree of Doctor of Philosophy Graduate Department of Political Science University of Toronto Copyright by Vuk Radmilovic (2011) Between Activism and Restraint: Institutional Legitimacy, Strategic Decision Making and the Supreme Court of Canada Vuk Radmilovic Doctor of Philosophy Political Science University of Toronto (2011) ABSTRACT: Over the last couple of decades or so, comparative public law scholars have been reporting a dramatic increase in the power and influence of judicial institutions worldwide. One obvious effect of this “judicialization of politics” is to highlight legitimacy concerns associated with the exercise of judicial power. Indeed, how do courts attain and retain their legitimacy particularly in the context of their increasing political relevance? To answer this question I develop a novel theory of strategic legitimacy cultivation. The theory is developed through an application of the institutionalist branch of the rational choice theory which suggests that institutional structures, rules, and imperatives provide behavioural incentives and disincentives for relevant actors who respond by acting strategically in order to attain favourable outcomes. The theory shows that courts cultivate legitimacy by exhibiting strategic sensitivities to factors operating in the external, political environment. In particular, legitimacy cultivation requires courts to devise decisions that are sensitive to the state of public opinion, that avoid overt clashes and entanglements with key political actors, that do not overextend the outreach of judicial activism, and that employ politically sensitive jurisprudence. The theory is tested in the context of the Supreme Court of Canada through a mixed-method research design that combines a quantitative analysis of a large number of cases, case-study approaches, and cross- policy comparisons. -
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 2008 CanLIIDocs 196 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. -
The Supremecourt History Of
The SupremeCourt of Canada History of the Institution JAMES G. SNELL and FREDERICK VAUGHAN The Osgoode Society 0 The Osgoode Society 1985 Printed in Canada ISBN 0-8020-34179 (cloth) Canadian Cataloguing in Publication Data Snell, James G. The Supreme Court of Canada lncludes bibliographical references and index. ISBN 0-802@34179 (bound). - ISBN 08020-3418-7 (pbk.) 1. Canada. Supreme Court - History. I. Vaughan, Frederick. 11. Osgoode Society. 111. Title. ~~8244.5661985 347.71'035 C85-398533-1 Picture credits: all pictures are from the Supreme Court photographic collection except the following: Duff - private collection of David R. Williams, Q.c.;Rand - Public Archives of Canada PA@~I; Laskin - Gilbert Studios, Toronto; Dickson - Michael Bedford, Ottawa. This book has been published with the help of a grant from the Social Science Federation of Canada, using funds provided by the Social Sciences and Humanities Research Council of Canada. THE SUPREME COURT OF CANADA History of the Institution Unknown and uncelebrated by the public, overshadowed and frequently overruled by the Privy Council, the Supreme Court of Canada before 1949 occupied a rather humble place in Canadian jurisprudence as an intermediate court of appeal. Today its name more accurately reflects its function: it is the court of ultimate appeal and the arbiter of Canada's constitutionalquestions. Appointment to its bench is the highest achieve- ment to which a member of the legal profession can aspire. This history traces the development of the Supreme Court of Canada from its establishment in the earliest days following Confederation, through itsattainment of independence from the Judicial Committeeof the Privy Council in 1949, to the adoption of the Constitution Act, 1982.