LEGAL ARCHIVES SOCIETY OF Architypes To understand the evolution of law and society in Alberta is to understand our past...

Annual Newsletter Volume 23, Issue 1 Summer 2014

Court of Appeal of From the Vault Historical Dinner 2013 Meet LASA’s New Thank You! Commemorating Alberta LASA receives Recapping John Board Members LASA wishes to thank Lawyers and WWI Join LASA, the important acquisition Martland, Q.C. and his LASA introduces new all those who lawyer Bar Association and from North of 60〫 life and career in law. Directors while saying volunteered for our Sydney Wood’s unique Justice Antonin Scalia Page 3-4 Good-Bye to long- fundraising casino call to the Alberta Bar. Page 2 to celebrate 100 years of serving Directors. event. Page 6 Alberta’s top court. Page 5 Page 5 Page 1

Justice Scalia was nominated to America’s top court by President Ronald Court of Reagan in September 1986. Before that he was a Judge of the United States Court of Appeals for the District of Columbia Circuit. Prior to his court nominations, he was the United States Assistant Attorney General under Appeal of Presidents Richard Nixon and Gerald Ford. Justice Scalia, author of a number of legal works, was educated at Georgetown and Harvard, and has Alberta taught law at the University of Chicago.

Justice Scalia is one of the more conservative members of the court. He Celebrates opposes judicial activism and often argues that the Constitution is not a living document, and that it should be interpreted from the perspective of 100 Years those who wrote it. Moreover, from Justice Scalia’s point of view, the Constitution is not intended to facilitate change, but was drafted to impede change to the fundamental rights and responsibilities of American citizens. A number of events commemorating the Court’s 100 years are taking place throughout 2014. For A recent biography entitled Scalia: A Court of One, by Brian Allen Murphy, example, the Legal Archives Society of Alberta published a history of the lists three fundamental characteristics that drive Justice Scalia’s personality: Court entitled People Principle Progress: The Alberta Court of Appeal’s First 1) a delight in argument; 2) Roman Catholic view point; and 3) an insatiable Century 1914 to 2014 authored by David Mittelstadt. On April 10, 2014, a need for attention. commemorative dinner was hosted in Edmonton and featured the Hon. Beverly McLachlin, Chief Justice of the as the Considered one of his generation’s prominent legal thinkers, he has been keynote speaker. described as engaging, unapologetic, charming and funny. Interestingly, one of his closest friends on the court is Justice Ruth Bader Ginzberg, whose lega On October 22, 2014, the Legal Archives Society of Alberta and the Calgary views are quite opposite of his own. Bar Association will co-host a centennial gala at the Calgary Westin Hotel featuring keynote speaker, the Hon. Antonin Scalia, Associate Justice of the Please join the Legal Archives Society of Alberta and the Calgary Bar United States Supreme Court. Association in celebrating the centenary of Alberta’s highest court. Space is limited for what is sure to be a unique and memorable evening. Act now and register for the dinner by contacting the Legal Archives Society of Alberta. ♦ Volume 23, Issue 1 1 LEGAL ARCHIVES SOCIETY OF ALBERTA

From the Vault

also included scrapbooks, REMEMBERING LASA’S photographs, and other professional NORTHERN and political memorabilia XPOSURE relating to E the legal Accession # 2013-006 career of the J u d g e LASA RECEIVES Sissons. Prior to heading north, Judge Sissons spent many years practicing law in Grande IMPORTANT ARCHIVAL Prairie and Peace River where he was active in DONATION politics (serving as MP) and northern affairs. The papers are an excellent primary and OF SOURCE MATERIAL secondary resource material relating to northern justice. Photographs document the period and RELATED TO JUSTICE the NWT. Photo # 1-G-21-2 NORTH OF 60〫 The earlier period of northern justice, between 1905 and 1955, has been largely documented by LASA’s former president Graham Price, Q.C., in LASA was saddened to hear of the recent his 1986 Masters of Law thesis entitled “Remote passing of Calgary lawyer Robert D. Kerr. Bob Over the Justice: The Stipendiary Magistrate’s Court of was a supporter of LASA, volunteering for a years I have the Northwest Territories (1905-1955)”, a copy of number of casinos that help the Society raise had the which can be found in LASA’s reference library. program funding. opportunity In his thesis Graham Price analyzes the most to take part important legal institutions in the Northwest Born on February 6, 1930 in Moose Jaw, in a number Territories between 1905 and 1955. Stories of , he grew up in Lethbridge and of Alberta the Territorial Court and post 1955 still remain to settled in Calgary. He studied law at the road trips to be told. The recent donation of Judge Sisson’s , and was called to the Accession # 2013-006 r e t r i e v e archival papers will undoubtedly contribute Alberta bar in 1955. He maintained his own a r c h i v a l much to that story. practice, and retired in 2010 at the age of 80. h o l d i n g s and promote LASA along the way. Few W i t h Bob met his wife, Arlene, during law school and collecting trips were as memorable as the one previous they were married in 1954. They have three taken in May 2013 to Diamond City, Alberta. donations children and five grandchildren. Bob and his Located close to Lethbridge in Southern Alberta, received wife were active in the Calgary community as we traveled through some of the most at LASA long-time square dances for the Calgary picturesque and archeologically significant f r o m Stampede. They performed for Queen Elizabeth prairie landscape in the world (home of J u s t i c e II on one of Her Majesty’s trips to Calgary. Alberta’s own version of Stonehenge consisting M o r r o w of a 5000-year old sun dial located 70 south east a n d Accession # 2013-006 Bob was very active outside his legal practice as of Calgary), and the quaint town of Vulcan. a long-time Boy Scout where he became a leader promising acquisitions forthcoming from The and received his 50-year recognition. He was As a result of the road trip, a donation of family Hon. Justice John Vertes, recently retired also an active member of the Al Azhar Shrine, photographs, artifacts and memorabilia has been Supreme Court Judge of the Northwest Sabre Patrol, Air Corps, Legion of Honor, received from Professer Laurence G. Hoye, son- Territories (NWT), LASA is well positioned as Greeters and Royal Order of Jesters #42. Bob in-law of the late Judge John H. Sissons, the first Canada’s premier destination for research on was an active Rotarian for 38 years. For a resident Judge of the Northwest Territories, 1955 northern justice. In 2012, LASA featured The number of years, Bob was the Chair of the - 1966. Professor Hoye, a retired mathematics Hon. John Vertes, Q.C. as a speaker at the Senior Lawyers Section of the Canadian Bar professor from the University of Lethbridge, was Annual Historical Dinner at Calgary’s Fairmont Association bringing senior lawyers together for married to Judge Sisson’s daughter Frances, and Palliser Hotel. His fascinating account of his 34 monthly discussions and speeches about was the joint receipient of weekly letters sent year tenure in the north (14 years as a lawyer; Alberta’s legal history. from Judge Sissons while serving in the north. followed by 20 years as Judge on the NWT In total, four banker boxes containing Supreme Court), yielded much information Bob remained physically active throughout his approximately 200 photographs spanning the about the evolution of northern affairs and life. As an avid runner, he competed in five period 1920-1975 and a valuable collection of changing way of life since Judge Sissons made marathons with a personal best of 3 hours, 40 weekly correspondence between Judge Sissons his foray to the north in 1955. ♦ minutes. ♦ and his daughter was obtained. The collection

2 Summer 2014 LEGAL ARCHIVES SOCIETY OF ALBERTA

From a Childhood in te Supreme Court of Canada t Bennet Jones t te Wild Colonial Boys

The 2013 Historical Dinner was held in Calgary on recalled his father laughing as he uttered, “serves “Judge Locke? This is Mrs. Smith from next door October 24 with guest speaker John G. Martland, them right.” and I’m phoning to tell you that your dog has been Q.C., chronicling his life in the legal community barking and keeping us awake! The Judge set his from childhood to retirement. John grew up in a John spent his youth in the Supreme Court building. alarm for 3:00 A.M. the next morning and telephone legal fraternity. His father, the Honourable Ronald Riding the elevators with the judges to their second his neighbour: ‘Mrs. Smith? This is Charles Locke, Martland, was a justice on the Supreme Court of floor offices, he got to know the judges in a and I just wanted you to know that…I don’t have a Canada. John went on to have his own successful different, more intimate, way. John recalled meeting dog’.” career as a Partner at Bennett Jones LLP. many of the judges that overlapped his father’s tenure at the Court, such as Chief Justice Robert John also got to know Chief Justice , and John was a young boy when his father was Taschereau, whom John remembered meeting on recalled the following story: appointed to the Supreme Court of Canada in 1957. holiday in 1959: He recalled that “Ottawa…was a sleepy place: “In 1980, Chief Justice Laskin pronounced new reeking, when the wind come from the north off the “[i]n the Laurentians on Epiphany (January 6) our principles for informed consent in medical Eddy Match Company pulp mill located in Hull family run into the Chief Justice and some of his malpractice cases, in two landmark cases, Hopp v. right across the river from the Supreme Court family at the Chantecler Resort. Epiphany in Lepp and Reibl v. Hughes. These cases meant that Building.” Justice Martland was described, by the Quebec was a day when no alcohol was sold or patients were to be advised of all ‘material, special Ottawa Citizen, as a “Breezy Westerner”. The permitted in public. Nonetheless, the wine was or unusual risks’ before giving consent to a Breezy Westerner, as John recalled, was not familiar flowing freely at Taschereau’s table. When my treatment. Not long after the decisions, Laskin with diplomatic protocol which became plainly father asked the Chief Justice about that later on, he visited his Ottawa doctor and was subjected to a evident at a neighbourhood party that the senior said simply: ‘It is nice that the name Taschereau still long sermon on the disease, risks and options. Martland and his wife attended during their early has some influence in Quebec’.” ‘Goodness’, he exclaimed “you’ve never gone into days in the capital. Justice Martland was surprised so much detail before”. Intoned the doctor: “But that no one left the party early and “was Justice Charles Locke, John remembered, as a this is now the law, and I have to be sure you know encouraged that Ottawa might not be so stuffy after “crusty by kindly fellow.” Locke lived in Rockcliffe the risks, and satisfy myself that you have the all.” It was only later he learned that protocol Park and once received a telephone call in the mental capacity to understand it.” dictates no one leaves until the most senior person middle of the night from his neighbour: on the protocol list – that being him – leaves. John

Volume 23, Issue 1 3 LEGAL ARCHIVES SOCIETY OF ALBERTA

Historical Display on the Hon. Ronald Martland, Q.C.

Head Table at the Historical Dinner in John and his sister Brigid Steward with their October 2013 Father’s Supreme Court of Canada robe.

John started with the firm of Saucier, Jones, Peacock, Cliff.” He paraphrased Justice Major, who once Gordon Allen, Justice Harold Riley, Justice Alan Black, Gain, Stratton, and Laycraft – the current quipped “that Cliff’s idea of an extended vacation Cullen, and Judge John Harvey. incarnation being the much shorter Bennett Jones was to add a Friday to a long weekend.” He also LLP – in 1968. Throughout his career, John worked spoke of Mac Jones – who shortly after the dinner John concluded his speech with a story about a mid- with, and encountered many of, Calgary’s leading passed away – who was presented with his fiftieth winter CBA meeting in Calgary organized by Brian legal personalities and characters. Throughout his year recognition practicing in Alberta when he was Felesky which included a boxing match between speech, he highlighted many of them, including Pat in his nineties. Of , who joined the Milt Harradence and Paul “The Crown” Chrumka Peacock, Pat Bowlen, Ed Roberts, and the firm later, John remarked: as well as Choral group called The Well Hung Jury. Honourable Herb Laycraft. John recalled a time However, it was the fashion parade that received when Justice Laycraft and the Honourable Milt “He was a consummate statesman – as warm and the most attention. Justice Barbara Romaine acted Harradence were Benchers together: engaging as current leaders are icy and mean as the commentator while three non-lawyer spirited. He could work a room in minutes, like a members from The Wild Colonial Boys modeled “They sat one morning awaiting the start of a bumble bee alighting on each clump just long judge’s fashions. Each member modeled fashions Discipline Hearing. Herb’s pile of material was enough to extract some nectar.” from the three different courts: marked up and had bits of paper marking key passages. Milt’s was untouched. Herb growled: John commented on a number of Judges that he had “[e]ach gown had been rigged with strings so that ‘you might at least have the decency to take the come to know throughout his career. He told the the back of the gown would pull up like a blind materials out of the wrapping’.” audience that Chief Justice J.V.H. “Uncle Val” going up a window, revealing the fact that the back Milvain was a remarkable jurist. He could deliver of their pants had been cut out and their arses bared He noted that the Honourable Jack Major was oral judgements after days of sitting through to the breeze. Felesky rushed up afterwards to “[b]lessed with a very quick wit.” Recalling an arguments and listening to convoluted evidence. advise us: ‘Oh My God! You guys have just mooned incident at the Benchers Disciplinary Hearing He recalled a humorous anecdote: Lord Hailsham!’ In a post script, we learned that involving Justice Major, he recounted: Hailsham had said: ‘Oh no, no – I was not offended “[w]hen the practice of holding Arraignments was in the slightest and I can’t wait to tell Lord Megarry “Major was representing the miscreant, and was still extant, Chief Justice Milvain would preside over – he was never mooned and he was in Canada for addressed by Chairman Bill Code: ‘Mr. Major, do a packed courtroom of counsel, all gowned, to speak three years!’” you and your client recognize the Benchers and to their cases. On one occasion when the case was their jurisdiction in these proceedings?’ [Major called, the Chief was advised that defence counsel A big thank you on behalf of the Board of Directors responded] ‘I acknowledge that you are physically Frankie Pieroway had forgotten his combination and staff at the Legal Archives Society of Alberta, to here, and that I recognize most of you.’ Code and couldn’t get into his locker to get his gown. all those who support LASA’s Historical Dinner. persisted: ‘I ask only for the recognition of the Milvain replied: ‘I see we have quite a few B&E’s on Also a thank you to all of the speakers who add authority of the Benchers at this hear.’ Major: ‘do the list. Perhaps someone could be sent down to their own noteworthy contributions to each event. you want me to genuflect now, or later?’” assist him’.” And, last by certainly not least, a big thank you to John G. Martland, who helped make the most recent With regard to the Honourable Mr. Justice Cliff He spoke of other prominent jurists, including Chief Calgary dinner a great success. ♦ O’Brien, John recollected that “no one in the firm Justice McGillivray, Justice Frank Quigley, Justice was more decent and fair, or worked harder than 4 Summer 2014 LEGAL ARCHIVES SOCIETY OF ALBERTA

LASA Welcomes New Directors

At the Legal Archives Society of Alberta’s Bar Association Law Day Trial Thank You Annual General Meeting on June 11, Competition. 2014, two new Directors were elected for a two-year term. Oliver is active in music as a member of the band, the AdvoCats, and as a choral Oliver Ho is director with the Youth Singers of LASA would like to acknowledge and thank all those who volunteered Counsel at Calgary where he teaches and mentors their time to support our recent fundraising Casino held at Calgary Jensen Shawa young performs at the Assistant Director S o l o m o n of the “Jr. Hi” Division. Oliver has run Casino on May 23 & 24, 2014. LASA is indebted to the following D u g u i d three marathons and is active in individuals who gave graciously of their time to support LASA’s Hawkes LLP triathlons. and has been programs. working at JSS Hon. Willis Barristers since O’Leary, Q.C. Zoe Abreder Shaun T. MacIsaac 2004. He is a is a former graduate of the C o u r t o f Lindsay Amantea Andrew MacRae receiving his B.A. Appeal Judge Nicole Bagwell Philip Markovich and LL.B. concurrently. Despite his day w h o w a s Lindsay Beck Sean McCafferty job, Oliver is also working towards his appointed to MBA. the province’s Christopher D. Blatch Brenda McCafferty highest court Ying Cheng Dennis McDermott Oliver’s civil litigation practice includes from the Court professional negligence litigation, of Queen’s Iwan Davies Duncan McKillop corporate and commercial litigation, and Bench where he sat from 1983 to 1994. Elsy Gagne David Mittelstadt administrative law including securities Prior to his judicial appointments, Willis Tammy Garrioch Willis E. O’Leary hearings. Oliver has appeared before all was a Partner at the firm of Westerberg, levels of court in Alberta, and before the O’Leary, Fenerty and MacDonald. Ewa Gniazdowska Betty O'Leary Supreme Court of British Columbia. Arthur Gniazdowski Kirsten M. Olson Willis received a degree in Business In the community, Oliver contributes to Administration from the University of M. Rachel Hill Alexander (Sandy)Park the University of Calgary as an Denver where he attended on a hockey Oliver Ho Tyler Raymond interviewer facilitating the admissions scholarship. Following a brief Sarah Ivany Harry Sanders process for the Cumming School of professional career in Scotland, he Medicine. His is also a sessional returned to the University of British Stacy Kaufeld Kenneth Taylor instructor at the University’s Haskayne Columbia where he received his LL.B. in Connor Kense Neil B. Watson School of Business. Oliver has been a 1962. He went on to Harvard University volunteer judge for various University of where he attained a LL.M. in 1963 and Rick Klumpenhouwer Heather Wylie Calgary Faculty of Law moot teams, and was admitted to the Alberta bar in July Alison MacIsaac Greg Wylie a coach for various high school debate 1964. ♦ teams. He continues to be a volunteer judge and evaluator for the CPLED articling program, and for the Canadian

Farewell to LASA Directors Thank you also to everyone who made a donation in response On behalf of the Board of Directors and the staff at to the 2014 Annual Campaign. the Legal Archives Society of Alberta, I would like Letters and donor cards were sent out in May. The donations you make go towards the day-to-day to extend our gratitude and thanks to Janice operations of the Legal Archives Society of Alberta. Agrios, Q.C. and Garth Fryett, Q.C. for their If you haven’t yet made a donation for this year, we hope you dedication and commitment over several years to will please consider us. Please see the back page for LASA’s Donation form. the work of the Legal Archives. Their individual insights and contributions to the Society are greatly appreciated.

Volume 23, Issue 1 5 LEGAL ARCHIVES SOCIETY OF ALBERTA

Photo # 53-G-6a Photo # 61-G-35 Commemorating the Anniversary of World War I: Alberta Lawyers Volunteered for King, Country, and Empire.

On June 28, 1914, Franz Ferdinand, the Archduke of He fought and was severely injured at the Battle of have no need to fear that he will not be a real credit Austria and heir to the multinational Hapsburg Vimy Ridge, considered the crowning moment of to the profession in the years to come even though Empire was assassinated on the streets of Sarajevo, the Canadian military. There he was shot in the leg he be granted certain special privileges at this time.” Bosnia and Herzegovina. This event was the and remained on the battlefield for nearly two days culmination of growing nationalistic anxieties across before being recovered after the Canadian advance On April 7, 1922, Frank Ford, Chairman of the southern and eastern Europe, and led to the long was secured and the three divisions of the German Education Committee, approved Sydney Wood’s and bloody World War I. Interestingly, when the Sixth Army were in retreat. As a result of his request under his special circumstances: war started it was predicted to be finished by injuries, he had numerous surgeries and remained Christmas 1914, but lasted until November 11, 1918. in hospital until his discharge in February 1921. “RESOLVED that the period during which the applicant was on active service or in training When Great Britain declared war on August 4, 1913, By this time, the war had been over for three years, thereof, namely from the 7th day of February 1916 to Canada was automatically at war too. Though and Wood had been out of law for 5 years. Wood February 1921, be allowed in lieu of service under Alberta was a new province within the Dominion, returned to Edmonton and immediately returned to articles and that he be exempted from passing his many Albertans volunteered to fight for the Empire law with Van Allen, Simpson & Co. presumably as first and second intermediate examinations.” and many lawyers were part of the group that an articling student. During his time in the hospital, signed up for the war effort. Over the next four the established an exemption Sydney Wood was admitted to the bar on July 10, years, the Legal Archives will be highlighting a from articles for those lawyers who had fought 1923, and went on to have a successful law career. number of lawyers who enlisted and went oversees. oversees. For every young man that returned from the war, World War I ended on November 11, 1918. The there were a number that never came home. Knowing this Wood wrote to Charles Adams, country they returned to was embroiled in a Secretary of the Law Society of Alberta, on March national crisis over conscription, ravaged by a flu Some lawyers were not able to complete their 30, 1922, formally requesting that his time in service epidemic, and labour shortages. However, as articles before enlisting. Sydney Wood of overseas in the Canadian Expeditionary Forces, as returning soldiers tried to recover a sense of Edmonton, Alberta was one such lawyer. He well as his time spent recuperating in hospital, be normalcy, they never forgot the sacrifices made by enrolled at the University of Alberta studying Arts applied to his articles. In this effort, Wood received their comrades who went to Europe and never and Law in 1915 and 1916. Following his academic support from Edmonton lawyer, A.S. Matheson, returned. More than 60,000 died in the years, he began articles with Horace A. Dickey in who wrote to Adams on March 29, 1992, declaring, war. 1916. Dickey, an Edmonton lawyer, enlisted in the "...I have not had the pleasure of writing to you on Canadian Expeditionary Force and was sent any case so deserving as that of Sydney Wood." He In 1921, the Law Society of Alberta, in an effort to overseas where he was killed in action. Wood's concluded his letter by saying: memorialize the sacrifices of Alberta lawyers in articles were transferred to the Edmonton firm of battle, erected a plaque commemorating those who Short and Cross. In February 1916, Wood enlisted “I am sure, under the circumstances, you will give fought and gave their lives for Canada. To this day, with 19th University Battalion and was shipped this case your favourable consideration as I feel that memorial plaque hangs in the Edmonton overseas without completing his articles. quite certain that with the splendid fighting spirit Courthouse as a reminder of the sacrifice Alberta and courage which Mr. Wood has shown in the past, lawyers made during World War I. ♦ the Benchers and the Law Society of Alberta will

6 Summer 2014 LEGAL ARCHIVES SOCIETY OF ALBERTA

Exhibit Packages for your next Celebration

Recent examples from LASA Exhibit Program for Fraser Milner Casgrain LLP (now Dentons)

Feature a historical display at your legal event of special occasion! Call LASA and for a small fee we will add heart and historical context to your event! Large or small, LASA historical exhibits add visual excitement for every occasion. A picture speaks a thousand words... Exhibits available for:

•Retirements •Anniversaries •Law Centennials • Appointments •Reunions •Other Milestones

Contact the Legal Archives Society of Alberta for further details and prices

Volume 23, Issue 1 7 LEGAL ARCHIVES SOCIETY OF ALBERTA

Architypes is published bi-annually by the Legal Archives Society of Alberta. Submissions, suggestions and any questions Announcements should be addressed to: The Legal Archives Society of Alberta

Suite 400, 1015 - 4th Street S.W. ◼ Please mark your calendars: LASA, together with the Calgary Bar Calgary, Alberta T2R 1J4 Association, will host a gala dinner celebrating 100 years of the Court of Tel: 1-403-244-5510 Appeal of Alberta at the Westin Hotel in Calgary on Wednesday, October 22, Fax: 1-403-244-5510 2014 with a reception starting at 5:45 p.m. Keynote speaker is the Hon. Email: [email protected] Antonin Scalia, Associate Justice of the United States Supreme Court. For www.legalarchives.ca more information and to purchase tickets, please visit www.legalarchives.ca. Edited by Wayne Malcolm Schafer, Q.C. The views expressed in Architypes ◼ Members are reminded to check out the Archives Society of Alberta website are not necessarily those of the at www.archivesalberta.org. Archival descriptions to LASA’s textual Legal Archives Society of Alberta holding and our scanned/digitized photograph collection are available by ISSN: 1189-0002 keyword searching on the ANA and Alberta Insights databases.

◼ Did you know that LASA’s 2014 annual fundraising campaign is underway? Please consider making a donation to preserve legal history!

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(Donation is not valid without it) Send all donations to: The Legal Archives Society of Alberta, Suite 400, 1015 - 4th Street S.W., Calgary, Alberta, T2R 1J4 Business No. #89416 6131 RR0001 8 Summer 2014