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The Honourable Louise Arbour, C.C., G.O.Q. Louise Arbour has served as President & CEO of the International Crisis Group since July 2009. Previously she acted as United Nations High Commissioner for Human Rights from 2004 to 2008. Ms. Arbour, a Canadian national, began her academic career in 1974. In 1987, she was nominated Associate Professor and Associate Dean at Osgoode Hall Law School of York University in Toronto, Canada. In December of 1987, she was appointed to the Supreme Court of Ontario (High Court of Justice) and in 1990 to the Court of Appeal for Ontario. In 1995, Ms. Arbour was appointed Commissioner to conduct an inquiry into the Prison for Women in Kingston, Ontario. In 1996, she was appointed by the Security Council of the United Nations as Chief Prosecutor for the International Criminal Tribunals for the former Yugoslavia and for Rwanda. In 1999, she was appointed to the Supreme Court of Canada. Ms. Arbour graduated from College Regina Assumpta, Montreal in 1967 and completed an LL.L (with distinction) from the Faculty of Law, University of Montreal in 1970. Following the Quebec Bar Admission Course, she was called to the Quebec Bar in 1971 and the Ontario Bar in 1977. Ms. Arbour has received honorary doctorates from some thirty Universities and numerous medals and awards and is a member of many distinguished professional societies and organisations. She is an advisor to the Belinda Stronach Foundation. In 2008, Ms. Arbour was made an Honorary Fellow of the Royal College of Physicians and Surgeons of Canada and Companion of the Order of Canada. In June 2009, she became Grande Officière de l’Ordre national du Québec. In 2010, she received the Colombian Order of National Merit, Grand Cross class and was named Commander of the French Legion of Honour. Louise Arbour was born on 10 February 1947 in Montreal, Quebec and has three children. She is fluent in French and English. .

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Louise Arbour and Marie Henein Share Their Personal Reflections on Unconscious Bias in Litigation December 9, 2020
Louise Arbour and Marie Henein Share Their Personal Reflections on Unconscious Bias in Litigation December 9, 2020 In this transformative age when actions against unconscious bias and social injustice have swiftly gathered momentum, two legal phenoms engage in an enlightening Q & A on what this means for us as people, as a profession, and as propellers for change. Hear Louise Arbour and Marie Henein tell us how they have approached unconscious bias and how to combat it. Topics will include the following: • personal experiences with power, privilege and unconscious bias • how to prevent bias and discrimination in workplaces • bias, discrimination and underrepresentation as viewed through a judicial lens • why the existence and consequences of unconscious bias are important to the bench and bar. Speakers The Honourable Louise Arbour, C.C., G.O.Q., Senior Counsel at Borden Ladner Gervais LLP The Honourable Louise Arbour is Senior Counsel and jurist in residence at BLG in Montreal. She provides strategic advice on litigation, governance and international disputes. She is an active mentor of younger lawyers. She recently completed her mandate at the UN as Special Representative of the Secretary- General on International Migration, which led to the adoption of the Global Compact for Migration. She has also held other senior positions at the United Nations, including High Commissioner for Human Rights (2004-2008) and Chief Prosecutor for The International Criminal Tribunals for the former Yugoslavia and for Rwanda (1996 to 1999). She formerly sat as a justice of the Supreme Court of Canada from 1999 to 2004, on the Court of Appeal for Ontario and the Supreme Court of Ontario.
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Annual Report
COUNCIL ON FOREIGN RELATIONS ANNUAL REPORT July 1,1996-June 30,1997 Main Office Washington Office The Harold Pratt House 1779 Massachusetts Avenue, N.W. 58 East 68th Street, New York, NY 10021 Washington, DC 20036 Tel. (212) 434-9400; Fax (212) 861-1789 Tel. (202) 518-3400; Fax (202) 986-2984 Website www. foreignrela tions. org e-mail publicaffairs@email. cfr. org OFFICERS AND DIRECTORS, 1997-98 Officers Directors Charlayne Hunter-Gault Peter G. Peterson Term Expiring 1998 Frank Savage* Chairman of the Board Peggy Dulany Laura D'Andrea Tyson Maurice R. Greenberg Robert F Erburu Leslie H. Gelb Vice Chairman Karen Elliott House ex officio Leslie H. Gelb Joshua Lederberg President Vincent A. Mai Honorary Officers Michael P Peters Garrick Utley and Directors Emeriti Senior Vice President Term Expiring 1999 Douglas Dillon and Chief Operating Officer Carla A. Hills Caryl R Haskins Alton Frye Robert D. Hormats Grayson Kirk Senior Vice President William J. McDonough Charles McC. Mathias, Jr. Paula J. Dobriansky Theodore C. Sorensen James A. Perkins Vice President, Washington Program George Soros David Rockefeller Gary C. Hufbauer Paul A. Volcker Honorary Chairman Vice President, Director of Studies Robert A. Scalapino Term Expiring 2000 David Kellogg Cyrus R. Vance Jessica R Einhorn Vice President, Communications Glenn E. Watts and Corporate Affairs Louis V Gerstner, Jr. Abraham F. Lowenthal Hanna Holborn Gray Vice President and Maurice R. Greenberg Deputy National Director George J. Mitchell Janice L. Murray Warren B. Rudman Vice President and Treasurer Term Expiring 2001 Karen M. Sughrue Lee Cullum Vice President, Programs Mario L. Baeza and Media Projects Thomas R.
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Carissima Mathen*
C h o ic es a n d C o n t r o v e r sy : J udic ia l A ppointments in C a n a d a Carissima Mathen* P a r t I What do judges do? As an empirical matter, judges settle disputes. They act as a check on both the executive and legislative branches. They vindicate human rights and civil liberties. They arbitrate jurisdictional conflicts. They disagree. They bicker. They change their minds. In a normative sense, what judges “do” depends very much on one’s views of judging. If one thinks that judging is properly confined to the law’s “four comers”, then judges act as neutral, passive recipients of opinions and arguments about that law.1 They consider arguments, examine text, and render decisions that best honour the law that has been made. If judging also involves analysis of a society’s core (if implicit) political agreements—and the degree to which state laws or actions honour those agreements—then judges are critical players in the mechanisms through which such agreement is tested. In post-war Canada, the judiciary clearly has taken on the second role as well as the first. Year after year, judges are drawn into disputes over the very values of our society, a trend that shows no signs of abating.2 In view of judges’ continuing power, and the lack of political appetite to increase control over them (at least in Canada), it is natural that attention has turned to the process by which persons are nominated and ultimately appointed to the bench.
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Gosselin V. Que´Bec (Attorney General)
Gosselin v. Que´bec (Attorney General) Gwen Brodsky, Rachel Cox, Shelagh Day and Kate Stephenson Authors’ Note Some of the authors of this judgment have a history with Gosselin v. Quebec (Attorney General) that pre-dates the creation of the Women’s Court of Canada. Rachel Cox and Gwen Brodsky were co-counsel to the National Association of Women and the Law (NAWL) in its 2001 intervention in Gosselin at the Supreme Court of Canada. Shelagh Day was an advisor to NAWL’s legal team in that litigation. Kate Stephenson was not directly involved in the Gosselin case, but her work as a leading anti-poverty litigator makes her intimately familiar with the reasoning and outcome. Each of the authors has been affected by the Supreme Court of Canada’s decision. Rachel Cox, who lived in Montre´ al in the 1980s when the Social Aid Regulation reduced young people’s welfare benefit by two-thirds, felt keenly the gulf between the reality of the time and the Supreme Court of Canada’s characterization of the scheme as ‘‘an affirmation of [young people’s] potential’’ and dignity. For those living in Que´ bec in the 1980s, the reason for the reduced rate was clear: to save the government money. Even if people disagreed about whether that was right or wrong, no one believed at the time that the government had designed the scheme in a sincere effort to help young people on welfare. There was a recession and somebody had to pay. Simply put, the court case was about whether or not it was legal for the government to make already very poor welfare recipients pay so much of the cost.
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Poverty Law and Society Series W
Poverty Law and Society Series W. Wesley Pue, General Editor The Law and Society Series explores law as a socially embedded phenom- enon. It is premised on the understanding that the conventional division of law from society creates false dichotomies in thinking, scholarship, educational practice, and social life. Books in the series treat law and society as mutually constitutive and seek to bridge scholarship emerging from interdisciplinary engagement of law with disciplines such as politics, social theory, history, political economy, and gender studies. A list of the titles in this series is available at http://www.ubcpress.ca/books/ series_law.html Edited by Margot Young, Susan B. Boyd, Gwen Brodsky, and Shelagh Day Poverty: Rights, Social Citizenship, and Legal Activism © UBC Press 2007 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 prior written permission of the publisher, or, in Canada, in the case of photocopying or other reprographic copying, a licence from Access Copyright (Canadian Copyright Licensing Agency), www.accesscopyright.ca. 15 14 13 12 11 10 09 08 07 5 4 3 2 1 Printed in Canada on ancient-forest-free paper (100% post-consumer recycled) that is processed chlorine- and acid-free, with vegetable-based inks. Library and Archives Canada Cataloguing in Publication Poverty : rights, social citizenship, and legal activism / edited by Margot Young [et al.]. (Law and Society, ISSN 1496-4953) Includes bibliographical references and index. ISBN 978-0-7748-1287-0 1. Public welfare – Law and legislation – Canada.
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3:15 P. Roy Thomson Hall 60 Simcoe Street Toronto, Ontario
1 THE LAW SOCIETY OF UPPER CANADA SPECIAL CONVOCATION TORONTO CALL 2 Thursday, February 25, 1999 - 3:15 p. Roy Thomson Hall 60 Simcoe Street Toronto, Ontario ATCHISON & DENMAN COURT REPORTING SERVICES LTD. 155 University Avenue, Suite 302 Toronto, Ontario CANADA M5H 3B7 (416) 865-9339 (800) 250-9059 www.stenographers.com 2 TABLE OF CONTENTS Opening Remarks - Treasurer . 3 National Anthem - Siobhan Dungan . 3 Citation - Philip M. Epstein, Q.C. 5 Remarks - Dr. Louise Arbour .6 Academic Awards .13 Presentation of Candidates for Call to the Bar, Admissions to the Degree of Barrister-at-law 14 Honour Song, Victory Song - Jimmy Dick 18 Oath of Allegiance . 22 Barristers Oath .23 Solicitors Oath .23 Remarks - The Honourable Madam Justice Heather J. Smith, Associate Chief Justice . 23 ATCHISON & DENMAN COURT REPORTING SERVICES LTD. 155 University Avenue, Suite 302 Toronto, Ontario CANADA M5H 3B7 (416) 865-9339 (800) 250-9059 www.stenographers.com February 25, 1999 Special Convocation - 3:15 p.m. 3 1 ---Upon commencing at 3:15 p.m. 2 THE TREASURER: Convocation will come to 3 order. I would ask you to remain standing while Siobhan 4 Dungan sings the National Anthem. 5 ---National Anthem 6 THE TREASURER: Please be seated. 7 My name is Harvey Strosberg, and I am the 8 Treasurer of the Law Society. The Treasurer is the 9 President. The Law Society of Upper Canada governs the 10 legal profession in Ontario in the public interest. The 11 directors of the Law Society are called Benchers and the 12 Director's meeting is called Convocation.
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International Journal of the Legal Profession Judging Gender
International Journal of the Legal Profession Judging gender: difference and dissent at the Supreme Court of Canada MARIE-CLAIRE BELLEAU* & REBECCA JOHNSON** ABSTRACT Over 25 years ago, Justice Bertha Wilson asked “Will women judges really make a difference?” Taking up her question, we consider the place of difference in gender and judging. Our focus is on those ‘differences of opinion’ between judges that take the form of written and published judicial dissent. We present and interrogate recent statistics about practices of dissent on the Supreme Court of Canada in relation to gender. The statistics are provocative, but do not provide straightforward answers about gender and judging. They do, however, pose new questions, and suggest the importance of better theorizing and exploring the space of dissent. 1. Introductory observations In a controversial 1990 speech, Justice Bertha Wilson, the first woman judge of the Supreme Court oF Canada, posed a question that has occupied many theorists of law: “Will women judges really make a diFFerence?” (Wilson, 1990). With the beneFit oF 25 years with women judges on Canada’s highest court, it is worth returning to Justice Wilson’s question. But in asking about judges, gender and diFFerence, we want to Foreground a particular kind of diFFerence often present For appellate judges: a ‘diFFerence of opinion’. All judges grapple constantly with the unavoidable tension at the heart oF law—a tension between the demands of stability and responsive change (Fitzpatrick, 2001). But the grappling is intensiFied For appellate judges, who bring multiple skills and divergent liFe experiences to bear on a single case.
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Interpreting the Charter with International Law: Pitfalls & Principles
APPEAL VOLUME 19 n 105 Winner of the 2014 McCarthy Tétrault Law Journal Prize for Exceptional Writing ARTICLE INTERPRETING THE CHARTER WITH INTERNATIONAL LAW: PITFALLS & PRINCIPLES Benjamin Oliphant* CITED: (2014) 19 Appeal 105–129 INTRODUCTION While the use of international human rights law in Canadian courts is not an entirely novel phenomenon,1 there is little doubt that it has become more prevalent in the Supreme Court of Canada’s jurisprudence.2 Far from being treated “as some exotic branch of the law, to be avoided if at all possible,”3 the courts have come to embrace international law and human rights norms, notably in the course of defining the guarantees found in the Canadian Charter of Rights and Freedoms (the “Charter”).4 Indeed, more than simply being considered among various aids to interpretation, it is often said that the Charter must be presumed to provide at least as much protection as international human rights law and norms, particularly those binding treaties that served as its inspiration.5 However, as I aim to show below, the Court has so far used international human rights law inconsistently and imprecisely in the process of Charter interpretation, exhibiting * The author would like to thank the Appeal Editorial Board for their diligent work and helpful suggestions throughout the process, and Judith Oliphant for her editorial assistance and unwavering support. Special thanks are also owed to Professor Brian Langille, who has been a constant source of encouragement and with whom many of these ideas below were initially developed. 1 See e.g. R v Shindler, [1944] AJ No 11, 82 CCC 206; R v Brosig, [1944] 2 DLR 232, 83 CCC 199; and R v Kaehler and Stolski, [1945] 3 DLR 272, 83 CCC 353.
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Louise Arbour, Griffin Bell Award Remarks
issue 72 summer 2013 THE BULLETIN RENEWING FRIENDSHIPS AT THE 2013 SPRING MEETING IN NAPLES, FLORIDA Nearly 800 Fellows and guests joined for fellowship at the Naples Botanical Gardens for President Varner’s Welcome Reception See article on page 2 >> LOUISE ARBOUR RECEIVES GRIFFIN BELL AWARD FOR COURAGEOUS ADVOCACY Past President John J. (Jack) Dalton introduced Louise Arbour, President and Chief Executive Officer of the Brussels-based International Crisis Group, to the Fellows assembled in Naples, Florida, for the College’s 2013 Spring Meeting. Arbour was no stranger to the group, having been inducted as Honorary Fellow of the College in 2003 when she was a Justice of the Supreme Court of Canada. However, it was Arbour’s work on the International Criminal Court that drew the at- tention of the Griffin Bell Award for Courageous Advocacy Committee. Excerpts of Jack Dalton’s remarks: The Award was created in 1964, but in 2008, the Board of Regents re-named the award …in honor of Griffin Bell of Atlanta, a distinguished advocate and a leader of this College. Judge Bell was an advocate. He was a soldier. He was a President of this College. He was a judge of the Fifth Circuit Court of Appeals. He was the people’s lawyer, as Attorney General of the United States. The Board of Regents felt that re-naming the award was a fitting way to acknowledge a true leader of the College. Our process for conferring this award is arduous, and it is thorough. The guidelines say “this award should be reserved for the truly exceptional candidate, whose record leaves no ques- tion that he or she should be given the award.” As trial lawyers, we understand and appreci- ate the intense personal commitment, sacrifice, and courage necessary to sustain the extraor- dinary advocacy that our recipient has demonstrated.
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Biograhphy of Louise Arbour
VULNERABLE POPULATIONS: INTERNATIONAL COMMUNITY RESPONSIBILITIES World Meteorological Organization, Geneva, Switzerland Monday, October 31, 2005 SPEAKERS’ BIOGRAPHIES KEYNOTE ADDRESS: ERNESTO ZEDILLO, Ph.D., Director, Center for the Study of Globalization, Yale University Ernesto Zedillo is the Director of the Center for the Study of Globalization and Professor in the Field of International Economics and Politics at Yale University. He was President of Mexico from December 1994 to December 2000. He earned his undergraduate degree at the National Polytechnic Institute of Mexico and his master and doctoral degrees at Yale University. After leaving office, Mr. Zedillo became Chairman of the UN High Level Panel on Financing for Development and was a Distinguished Visiting Fellow at the London School of Economics. He served as Co- Coordinator of the UN Millennium Project Task Force on Trade and was Co- Chairman of the UN Commission on the Private Sector and Development along with Prime Minister Paul Martin of Canada. He is currently Chair of the Global Development Network and Co-Chairman of the International Task Force on Global Public Goods. In April he was appointed by the UN Secretary-General to serve as his Envoy for the upcoming September 2005 Summit in which heads of state and government will review implementation of the Millennium Declaration. Mr. Zedillo is a member of the Trilateral Commission, serves on the International Advisory Board of the Council on Foreign Relations and the Board of Directors of the Institute for International Economics and is a trustee of the World Economic Forum. MODERATOR: RALPH BEGLEITER, Distinguished Journalist in Residence, University of Delaware; former CNN World Affairs Correspondent Ralph Begleiter brings more than 30 years of broadcast journalism experience to his appointment at the University of Delaware, where he teaches communication, journalism, and political science.
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Gwen Brodsky
6 Human Rights and Poverty: A Twenty-First Century Tribute to J.S. Woodsworth and Call for Human Rights1 gwen brodsky The Canada for which J.S. Woodsworth and the Co-operative Common- wealth Federation (CCF) party struggled – a society in which everyone has an adequate standard of living, including access to adequate food, clothing and housing, health care, workers’ rights, and social programs are vigorous (MacInnis, 1953), is not the Canada of today. This is a mo- ment in Canadian political history when government commitment to social programs is at a low ebb.2 It has become shockingly ordinary that people in Vancouver, and other major cities in Canada, have to line up at food banks, beg, steal, sleep in doorways and on church pews, and sell their bodies to support themselves and their children.3 This chap- ter is concerned with the disjuncture between Canada’s human rights obligations and poverty in Canada. Social programs are essential to re- alizing Canada’s human rights obligations. This essay maps out in gen- eral terms a practical and concrete proposal for legislation that would require greater governmental accountability for the establishment and maintenance of adequate social programs. If it is recognized that hav- ing adequate social programs is essential to the realization of human rights that inhere in all Canadians, it follows that there is a governmen- tal obligation, not only to establish social programs, but to have eﬀ ec- tive accountability mechanisms to ensure stability, and consistency for social programs, and to guard against their erosion. It is not my intention in this chapter to take issue with the moral and religious foundations for the sense of social obligation that ani- mated the social reformers of Woodsworth’s time.
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The Supreme Court of Canada and the Judicial Role: an Historical Institutionalist Account
THE SUPREME COURT OF CANADA AND THE JUDICIAL ROLE: AN HISTORICAL INSTITUTIONALIST ACCOUNT by EMMETT MACFARLANE A thesis submitted to the Department of Political Studies in conformity with the requirements for the degree of Doctor of Philosophy Queen’s University Kingston, Ontario, Canada November, 2009 Copyright © Emmett Macfarlane, 2009 i Abstract This dissertation describes and analyzes the work of the Supreme Court of Canada, emphasizing its internal environment and processes, while situating the institution in its broader governmental and societal context. In addition, it offers an assessment of the behavioural and rational choice models of judicial decision making, which tend to portray judges as primarily motivated by their ideologically-based policy preferences. The dissertation adopts a historical institutionalist approach to demonstrate that judicial decision making is far more complex than is depicted by the dominant approaches within the political science literature. Drawing extensively on 28 research interviews with current and former justices, former law clerks and other staff members, the analysis traces the development of the Court into a full-fledged policy-making institution, particularly under the Charter of Rights and Freedoms. This analysis presents new empirical evidence regarding not only the various stages of the Court’s decision-making process but the justices’ views on a host of considerations ranging from questions of collegiality (how the justices should work together) to their involvement in controversial and complex social policy matters and their relationship with the other branches of government. These insights are important because they increase our understanding of how the Court operates as one of the country’s more important policy-making institutions.
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