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

Annual Newsletter Volume 21, Issue 1 Fall 2012

Historical Dinner 2012 From the Vault Historical Dinner 2011 LASA Remembers LASA’s New Location Remembering Peter Join the Hon. Mr. In recognition of the Recapping the Hon. LASA’s condolences go Legal Archives Society Lougheed Justice John Vertes in Queen’s Diamond Jack Major, C.C., Q.C. out to the friends, of Alberta has moved to A look back on the and Professor Jubilee and the and remarkable cases in families and colleagues a new location. political and legal Eric Adams in centennial of the Alberta. of Edward Bredin, Q.C. Page 5 career of Peter and help Calgary Stampede, Page 3 and the Hon. Edward Lougheed, a great support the Legal 2012 is a fitting time to R. Wachowich, Q.C. Albertan and Archives Society of reflect on the Page 4 Canadian. Alberta. connection of these Page 6-7 Page 1 events and Alberta’s legal community. ! Page 2 Commissioner! !

Mr. Justice John Z. Vertes

Mr. Justice John Z. Vertes graduated with a Bachelor of Law from wrongly decided in Canadian legal history. He Osgoode Hall Law School of York University. Admitted to the bars of and the , he practised law in Yellowknife, Left: concludes that the facts, both real and imagined, Northwest Territories primarily in criminal law and civil litigation. Hon. Mr. Justice John provide a far richer contribution to the legal history HistoricalJustice Vertes was appointed Queen’s Counsel in 1988, and on Vertes, October 18 in of the complex relationship between race, space and September 13, 1991 was appointed a judge of the Supreme Court of the Calgary Northwest Territories as well as a justice of the Court of Appeal of Yukon the law. and Northwest Territories. In 1999, Justice Vertes was appointed to the DinnersNunavut Court of Justice and the Nunavut Court of Appeal. Professor Adams holds degrees from McGill, On July 1, 2011, Justice Vertes retired having served as the Senior Dalhousie, and the University of . Prior to Judge of the Supreme Court of the Northwest Territories. He is a joining the Faculty of Law at the University of member of the Canadian Superior Courts Judges Association, Canadian Institute for the Administration of Justice, International Commission of Alberta, he practiced civil litigation in Toronto. He 2012Jurists, Commonwealth Magistrates & Judges Association and the researches and teaches in the areas of constitutional Canadian Bar Association. law, legal history and employment law. Justice Vertes has been active throughout his career, holding positions as; Member of the National This year’s Historical Dinners will be held on Executive Committee of the Canadian Bar Association, Board Member of the Yellowknife Big Brothers Both evenings will begin with a reception at 6:00 pm OctoberAssociation, 18th President in Calgary of the Yellowknife at the FairmontChamber of Commerce,Palliser President of the Canadian Superior Right: Courts Judges Association, “Judge-in-Residence” and holder of the Milvain Visiting Chair in Advocacy at when guests can enjoy a glass of sparkling wine and Hotel, and on October 25th at the Fairmont Hotel Professor Eric Adams, The University of Calgary Law School, President of the Canadian Institute for the Administration of good conversation. Dinner will begin at 7:00 pm. MacdonaldJustice and Member in Edmonton. of the Governing Council of the Commonwealth Magistrates & Judges Association.October 25 in All proceeds will go towards maintaining LASA’s Justice Vertes has been a Faculty member of numerous continuing education programs for the NationalEdmonton InJudicial Calgary, Institute, the the Hon. Canadian Mr. Bar Justice Association, John the Vertes Alberta ofQueen’s the Bench Judges Education Seminar, many historical programs. Tickets are $150 each or Courtthe Law of Society Appeal of the of Northwest the Northwest Territories and Territories the Federation will of Law Societies of Canada National $1,000 for a table of eight and can be purchased by Criminal Law Program. take dinner guests on a fascinating journey through Justice Vertes is a justice on the Court of Appeal of contacting LASA at 1-403-244-5510 or via email at Justice Vertes has been published several times in the Commonwealth Judicialthe Northwest Journal. His articlesTerritories and the Yukon Court of [email protected]. theinclude; administration Jury Trials in Canadianof justice Aboriginal in Canada’s Communities, North. The He Development of Judicial Codes of willConduct: discuss A Canadian land Perspective claims settlements, and Why Can’t Wegovernance Be Friends? Should JudgesAppeal be on as Facebook. well as ! a judge of the Supreme Court of Please join us in supporting the Legal Archives and other aboriginal issues north of 60°. Justice the Yukon Territory. Society of Alberta while enjoying either a trip North Vertes believes the Canadian justice system has had In Edmonton, Eric Adams, a professor in the Faculty of 60° or an adventure involving hockey, beer and to make many adaptations in the North that of Law at the will discuss a boxing. recognize and accommodate the specific needs of compelling case which took place in Montreal in the aboriginal community. 1936. Professor Adams will argue that the case, Christie v. York, is prominent among the cases

Volume 21, Issue 1 1 LEGAL ARCHIVES SOCIETY OF ALBERTA

From the Vault

A Year of Commemoration Ranch located on the outskirts of Calgary. Early Alberta lawyer. Justice Frank Ford James Short, K.C. 2012 -- Queen’s Diamond Jubilee Supreme Court of Alberta, Appellate Division, Early Calgary lawyer and brother of William Short. 100-Year Anniversary of the 1936-1954 Calgary Stampede Frank Ford had the distinction of being named K.C. in three provinces: in 1907; Ontario in William Short, K.C. 1910; and Alberta in 1913. He was a meticulous and Early Edmonton lawyer and brother of James Short. The Royals have visited Alberta on numerous exacting judge whose dedication to learning and He died suddenly in 1926. He was the partner of occasions over the years and the warm attendance careful administration of justice were hallmarks of Neil Maclean and Hon. C.W. Cross, K.C. given by members of Alberta’s legal community to his career. When it came to proper Royal etiquette, R.B. Bennett, K.C. members of the Monarchy reflects their admiration. there was nobody who knew more about the subject Folklore has it that the Duke and Duchess of than Frank Ford. The first Albertan appointed K.C. He later became Canada’s 11th Prime Minister. Connaught, along with their daughter Patricia, Soon after his appointment as judge, he went to “arrived for a day and stayed for a week” taking in England and bought the most expensive gown. In For most lawyers, the festivities of the first Calgary Stampede in 1912. all matters of Royal tradition, people turned to receiving a K.C. or In was Calgary lawyer James Lougheed who kicked Frank Ford for answers. It was Ford who directed Q.C. appointment things off as the official greeter to the Duke -- then the Bench on the use of ‘weepers’ (cuffs) added to is a proud career Canada’s Governor General -- at the Calgary the judge’s gown for discretion when wiping ones moment. The railway station upon their arrival in September teary eyes throughout the mourning period of the photo to the left, 1912. Sovereign’s passing. showing Fort Sir James Lougheed Macleod lawyer The creation and naming of the “Court of Queen’s John W. McDonald Like ’s famous garden in Edmonton, Bench of Alberta” is an example of how the origin in barristers’ robe, the Lougheed’s residence. “Beaulieu” or Lougheed and tradition of our judiciary evolved from the was taken on the House, was the scene of high society activities in . The red-faced gown adopted by day of his early Calgary. The Lougheeds were known to the Supreme Court of Alberta, Trial Division in 1970 appointment as entertain dignitaries, including members of the distinguishes Court of Queen’s Bench Justices in King’s Counsel in Royal Family. Alberta. Moreover, the Court of Queen’s Bench logo 1919. is stylized after the Royal Arms of the United In 1919 a formal dinner held in honour of Edward, Kingdom. First Alberta Woman Appointed Queen’s Counsel Prince of Wales, took place across the street from Beaulieu at the Ranchmens Club. The Ranchmens, a From Q.C. to K.C. to Q.C. Ruple Ferguson gentlemen’s establishment in the early days, was a of Trochu, Frank Newson, Bencher with the Law Society of Alberta was the hub for important business dealings where history Alberta and member of the Heritage Committee would unfold. first woman (LASA’s predecessor) has researched the change in appointed Q.C. Festivities on the evening of the Prince’s visit in title from Q.C. (under Queen Victoria) to K.C. in Alberta on 1919 culminated with Bob Newbold, one of the (under King Edward VII, King George V, King December 31, dinner attendees, tearing off his shirt to allow Edward VIII and King George VI) back to Q.C. 1961. She was everyone in attendance to sign their name! Edward, (under the current Monarch, Queen Elizabeth II) in a graduate of Prince of Wales, signed “Edward P.” in the centre, 1952. the University right-hand side of the shirt. The shirt survived and There were a few Alberta lawyers appointed Q.C. of Alberta and can be viewed at the Glenbow Museum. during Queen Victoria’s reign. C.F.P. Conybeare, received her LL.B. in 1927. Calgary lawyer, Patrick Bergeron, was President of first Bencher of the Law Society of Alberta and the Ranchmens Club at the time of the 1919 Royal prominent Lethbridge lawyer, was appointed in visit and in that capacity he organized the dinner. 1894. Many prominent lawyers and judges were included Probably the earliest Q.C. appointee to arrive in the on the guest list, alongside members of the business territory known as Alberta was Chief Justice David community. Legend has it that towards the end of Lynch Scott who presided at the trial of Louis Riel in Photo Credits: the evening, after senior members of the Bar like Sir 1885. He was the first person enrolled as an James Lougheed had retired for the evening, the advocate of the North West Territories on January Top: John W. McDonald in his barristers robe on the party picked up. Festivities culminated with the 11, 1886. He practiced in Regina until his date of his K.C. appointment in 1991. LASA #51- creation of a small fire pit and fire dance appointment to the Bench in 1894. G-1 demonstration. It was times like these that solidified the strong Royal connection to Calgary. The First K.C. Appointment in Alberta Bottom: Ruth Ferguson’s newspaper Edward, Prince of Wales, later King Edward VIII of announcement as first woman appointed Q.C., 1961. Great Britain and Ireland, continued to visit Alberta J.C.F. Bown, K.C. regularly and maintained a vested interest in the EP

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LASA’s Historical Dinner Hon. Jack Major, C.C., Q.C. Alberta’s Remarkable Legal History

At the 2011 Historical Dinners, former Supreme where the [Privy Council] ruled that prima facia all independence. When Chief Justice Harvey took on Court of Canada Justice John (Jack) Major detailed court proceedings had to be held in public and open the federal government over the issue of habeas several of Alberta’s most interesting legal cases. He to the public.” corpus and the issue near the end of did so by recognizing such cases as the 1918 fight of , Harvey issued a statement supporting Chief Justice Harvey against the guns of the his court’s position, stating “the rule of law Canadian Army over the conscription of a farmer’s prevailed over the power of Government.” Mr. son, the divorce granted in the Judge’s library to a Major argued that this case demonstrated that Provincial Cabinet Minister, the fight for the “[w]hile the Justices disagreed on interpretation Province’s top judicial post and the life and times of they believed in the tradition of an independent the Premier’s mistress. judiciary and the rule of law and protecting the liberties of individuals.” If there is one thing to be gleaned from Mr. Major’s speech: Alberta’s legal heritage is anything but I would like to thank, on behalf of the Board of uneventful. Certainly the above cases are only a Directors and the staff at the Legal Archives Society sampling of the uniqueness that can be attributed to of Alberta, all those who came to support LASA’s Alberta’s legal heritage. historical dinners. I would also like to thank all the speakers who added their own noteworthy The after-dinner speech incorporated historical contribution to the evening. And, last but certainly cases that filled the Courts’ docket during the early not least, I would like to thank the Honourable Jack to mid-twentieth century. These cases made Major, C.C., Q.C., who helped make these historical national headlines with Mr. Major arguing that “the dinners one of LASA’s most successful. successful seduction action brought by Vivian MacMillan against the sitting The Historical Dinners of 2012 are scheduled for Brownlee probably garnered the most national Thursday, October 18th in Calgary at the Fairmont coverage.” Palliser Hotel, and Thursday, October 25th in Edmonton at the Fairmont Hotel Macdonald. Though historical in nature, Mr. Major illustrated Please mark your calenders, and join LASA, for that these cases continue to resonate with lawyers This speech also showed the connection between what promises to be another enjoyable, entertaining today. For example, the MacPherson divorce case, law and society. Not only did two of the cases result and enlightening evening. Mr. Major argued, is well known to all lawyers who in the ruination of two political careers, but two of will recall “hearing about the MacPherson case the cases clarified the long-held principle of judicial

Volume 21, Issue 1 3 LEGAL ARCHIVES SOCIETY OF ALBERTA LASA’s condolences go out to the friends, families and colleagues of Edward Bredin, Q.C. and the Hon. Edward R. Wachowich, Q.C. Remembering

Edward M. Bredin, Q.C. Forces as a navigator in Belgium and Germany in He went on to obtain a B.A., LL.B. degree from the support of the army as it advanced across Western University of Alberta in 1954. He was admitted to LASA was sorry to learn of the recent passing of Europe. the Law Society of Alberta on June 3, 1955. One of Calgary lawyer Ed Bredin, Q.C. Mr. Bredin was a 8 children, and the father of 6, he married Lucy long-time supporter of LASA and its many Upon returning to Calgary, Mr. Bredin took up his Groom of Red Dear on August 17, 1957. Mr. programs. He was in the process of writing a position with the City of Calgary, where from 1950 Wachowich was part of a family of lawyers, which biography of another Calgary lawyer, the raconteur to 1958 he acted as City Solicitor. After leaving the include the Hon. Allan Wachowich, Q.C., retired Leonard Brockington, Q.C. City of Calgary, Mr. Bredin became General Chief Justice of the Court of Queen’s Bench of Counsel and Secretary at Mobil Oil Canada Limited Alberta. Born on March 17, 1914 in Alsask, Saskatchewan. where he remained until his retirement in 1979. Mr. He attended the University of Alberta in 1933 in the Bredin joined the Howard, Dixon, Mackie firm Mr. Wachowich toiled for nearly 45 years in the midst of the Great Depression and graduated in where he remained until his full retirement in 1997. Edmonton legal community, first as a lawyer and 1938 will a combined arts and law degree. At that then a Judge. He practiced law for 31 years with time, it was a five-year program at the University of Mr. Bredin married Margaret Anna McQueen on his partner Constantine Kosowan, also a retired Alberta. April 23, 1954 and they have two children, James Chief Judge of the Provincial Court of Alberta. Mr. Gordon Macpherson and MaryAnn Grace. Named Wachowich was appointed Queen’s Counsel in On September 13, 1938, Mr. Bredin took Articles at Queen’s Counsel on December 31, 1957, Mr. Bredin 1974. the City of Calgary where his principle was City was presented with his 50 Year Certificate at the Solicitor, Tom Collinge. He made a pity $60 per Benchers’ Convocation on September 30, 1990. In 1986 Mr. Wachowich was appointed to the month, but that was certainly greater than the $25 Provincial Court of Alberta, Criminal Division per month the average articling student received. Hon. Edward R. Wachowich, Q.C. where he remained for 3 years until he replaced his While articling, Mr. Bredin assisted in drafting former partner as Chief Judge in 1989. He retired as Chief Judge on January 30, 1999. bylaws and with some litigation. LASA was saddened to learn of the passing of the Hon. Edward R. Wachowich, Q.C. Born on January As a respected member of the Alberta legal and Mr. Bredin was admitted to the Law Society of 30, 1929, he was raised in Opel, Alberta and judicial communities, he served as President of the Alberta on January 16, 1940 and continued at the graduated from St. Joseph’s High School in Edmonton Bar Association. He was also active in City of Calgary as Assistant City Solicitor. He Edmonton. remained in this position until he joined the RAF in the Edmonton community through the University July 1942 and served with the Second Tactical Air of Alberta Alumni Association, and the Alberta Catholic Hospitals Foundation.

4 Fall 2012 LEGAL ARCHIVES SOCIETY OF ALBERTA

LASA’s New Location Mauris egestas lacus sit ame Suite 400, 1015 - 4th Street S.W. Calgary,Vivamus Albertapulvinar, T2R purus 1J4 ultricies ultrices ullamcorper, dolor diam euismod Phone:nisl, vel 1-403-244-5510 consectetuer eros mi sit amet lorem. Email:— Quisque [email protected] Massa Website: www.legalarchives.ca

The rumors are true...we have is a consistent issue in any archive, climate-controlled space in which to History is important because it helps moved! more vault space will allow LASA to store our sizable collections. us understand the present. Alberta’s collect additional materials related to history is linked with its legal heritage After more than 22 years sharing the history of law in Alberta. This new space will allow LASA to and the development of the justice office space with the Law Society of system in our province. Alberta, LASA has moved to a new location. The move is bittersweet. Archives are the only original, The prospects of having our own authoritative, primary evidence of location are exciting. However, when past actions; if the archival record of one has shared a space for so long, the private-sector legal community is there is a feeling a emptiness and not preserved, our understanding of uncertainty that comes with the the history of law and society in separation. Alberta will remain speculative and inadequate. After a long and exhaustive search Photos of LASA’s New Location beginning in late 2011, LASA finally On behalf of LASA, I would like to signed a lease to relocate to the thank leasing agent Philip Markovich Wheatsheaf Building located at 1015 - In the last number of years, LASA has increase its programs and services. As for his assistance in securing LASA’s 4th Street S.W. in Calgary. witnessed an increase in the volume of an historical and archival new location. I would also like to archival donations that it receives organization, LASA’s programs make thank Drew Thomson at the Law LASA’s new location is larger than the from both the legal and judicial the legal system and the role of the Society of Alberta. LASA is also very one occupied at the Law Society of communities. Our increased space judiciary in Alberta more accessible appreciative of the continued support Alberta, and will allow for more will provide a larger temperature and and understandable to the public. of the Benchers. archival and research space. As space

Volume 21, Issue 1 5 LEGAL ARCHIVES SOCIETY OF ALBERTA

RememberingMauris egestas Peter lacus Lougheed sit ame HeVivamus envisioned pulvinar, a strong purus Alberta ultricies within ultrices a strong, ullamcorper, united Canadadolor diam euismod Toddnisl, velHirsch, consectetuer Policy Options, eros mi sitJune amet - July lorem. 2012 — Quisque Massa

Remembering : Lougheed’s ultimate goal of a strong Alberta within he attended the Graduate School of Administration a united Canada. at Harvard University where he obtained a Masters Lawyer, Politician, of Business Administration in June 1952. Businessman, Canadian, and Born on July 26, 1928 in Calgary, Alberta, Mr. Lougheed attended Strathcona School for Boys, Earl Mr. Lougheed then returned to Calgary and joined Albertan Grey and Rideau Public Schools in Calgary. He the Alberta Bar in October 1955. He left the firm of graduated from Central High School, but not before Fenerty, Fenerty, McGillivrary & Robertson, where On September 13, 2012, Alberta -- and Canada -- lost he founded a Student Union and became its first he Articled, and joined the Mannix Corporation in a true statesman. Mr. Lougheed was a key player in President. June 1956 to serve as Secretary and General many seminal events in Alberta’s history. Counsel. Later, turning to politics, he became Economist Todd Hirsch wrote in Policy Options He enrolled at the University of Alberta where he Leader of the Opposition in 1967, and in 1971 Mr. earlier this year that “Lougheed got Alberta through received a Bachelor of Arts degree in October 1951 Lougheed led his Conservative Party to victory puberty and on the path to maturity.” This Policy and an LL.B. in May 1952. While at the U of A, he becoming Premier of Alberta, a position he held Options article, along with the entire issue, coincided was a noted athlete playing football for the Golden until retirement in 1985. He returned to practicing with the Institute for Research on Pubic Policy Bears. His athletic accomplishments earned him a law in 1987 joining the firm Bennett Jones Verchere naming Mr. Lougheed Canada’s Best Premier of the place in the University’s sports Hall of Fame. Mr. (now Bennett Jones LLP). Mr. Lougheed also taught last 40 years. Many Albertans would agree. Lougheed also served in the Canadian Officers’ at the Department of Political Science at the Training Corp where he qualified as a Those familiar with Canadian history and politics University of Calgary for a number of years. Commissioned Officer in 1952. He served along will know that these accomplishments were no side his college roommate and future Chief Justice Over the years, Mr. Lougheed received a number of simple feat. The Lougheed era, from 1971 to 1985, of the Court of Queen’s Bench, the Honourable Ken distinguished awards and honours, including the was not always a period of calm. Many will recall Moore, Q.C. first Honorary Bachelor of Applied Technology his tense fights with over Alberta’s oil and degree from the Southern Alberta Institute of the constitutional debates that led to repatriation After graduating from the University of Alberta, Mr. Technology in 1995. He also received Honorary and the introduction of the Charter of Rights and Lougheed ventured to Boston, Massachusetts where LL.D. degrees from St. Francis Xavier Univeristy, Freedoms. Both of these events advanced Mr.

6 Fall 2012 LEGAL ARCHIVES SOCIETY OF ALBERTA

the University of Alberta, the University of Calgary, Alberta Premier, Mr. Lougheed envisioned a strong This is testament to the attitude Mr. Lougheed had the University of Lethbridge and the University of Canada, and always said that he was a Canadian for other people, even his political adversaries. Windsor. Both the Law Society of Alberta and the first. There is no clearer an indication of this than Jeffery Simpson wrote in the Globe and Mail the day Canadian Bar Association recognized Mr. Lougheed during the negotiations to repatriate the after Mr. Lougheed’s passing, “he could be friends, for his 30 years of service to the profession. In 1986, Constitution in 1981. or at least establish a respectful relationship, with he was made Companion to the Order of Canada. those with whom he sometimes disagreed, as with Mr. Lougheed was also Chancellor Emeritus at Those protracted negotiations, over a number of NDP premier Allan Blakeney of Saskatchewan and Queen’s University in Kingston, Ontario. years, culminated in a two-day conference in even, believe it or not, .” Ottawa on November 4-5, 1981 where Lougheed, Legal pedigree cemented Mr. Lougheed’s legacy as among other Provincial Premiers, insisted on the After leaving politics he continued to be publicly a lawyer in Alberta. His Grandfather, Sir James notwithstanding clause in the Canadian Charter of vocal about issues concerning Albertans. He often Lougheed, is listed as number “1” on the Law Rights and Freedom. This ensured that power spoke out against the rapid development of the oil Society of Alberta Roll as the first member admitted remained with elected officials. The provinces sands and believed a moratorium should be to the bar in 1907. Mr. Lougheed may have had a could “opt” out of federal legislation that was followed by more sustainable development. He family pedigree, but he was determined to fix his deemed to be an infringement on provincial publicly criticized the building of the Keystone XL own legacy in the history of the province. jurisdiction. pipeline. In a recent interview, he stated that more processing of the oil sands should be done in For most Albertans, Mr. Lougheed will be Then there were the disputes, often heated, with Alberta. remembered as a politician. He was not only the Prime Minister Trudeau over Alberta’s energy founder of the modern Conservative dynasty in revenues. NEP is an acronym that continues to Mr. Lougheed was also outspoken about the Alberta, but he showed that one could be fiscally resinate negatively in the minds of many Albertans changing political landscape. Simpson wrote, he conservative and socially progressive. Pragmatism, who remember those heated battles between privately dismissed the Reform Party and add that not ideology, was the key to good governance for Edmonton and Ottawa. Preston Manning was a merely modern version of Mr. Lougheed. his father. In fact, he once opined, “[Ralph] Klein “The Ottawa government has, without negotiation, came along and he reverted the party backward to Upon entering office in 1971, his first piece of without agreement, simply walked into our home what I call the old Social Credit days, when Alberta significant legislation was the Alberta Bill of Rights, and occupied the living room,” was how Mr. was the whole focus and it wasn’t a cross-Canada which provided all Albertans, regardless of race, Lougheed described the actions of the Federal focus.” gender or religion, with equality before the law. The Liberals to a province-wide television audience. Alberta Bill of Rights was the first law of its kind at Though he was always a proponent of a strong, He publicly endorsed during the the provincial level in Canada. united Canada, Mr. Lougheed’s stand against the recent Alberta election. It can be surmised that his NEP highlighted Alberta’s place in Confederation. endorsement helped lift Ms. Redford over the Mr. Lougheed was also responsible for the In other words, he was defending the rights and surging Wild Rose led by Danielle Smith, and thus establishment of the Alberta Heritage Fund, which interests of the people who elected him. secured for another four years the Conservative was set up to collect a portion of Alberta’s non- dynasty that he built. renewable resource revenue for future generations. The National Energy Program placed stringent Twenty-seven years after Mr. Lougheed retired from controls on domestic oil prices and unilaterally The Lougheed name will be long remembered in the politics, the Fund is being used to support imposed export taxes to exert national control over history of Alberta. Firstly because of Sir James government programs essential to Albertans like the energy sector. Many saw this as a blatant Lougheed, and then because Peter Lougheed left his education and health care. disregard, on behalf of the Federal Government, own indelible mark on Alberta that will be felt for with respect to provincial rights over energy many generations to come. In an interview with Mr. Lougheed in the July-June revenue. Mr. Lougheed responded by mounting 2012 issue of Policy Options, he expressed legal action, putting oil-sands projects on hold and Photo Credits: disappointment that the Fund hadn’t maintained cutting oil sales to the rest of Canada. Mr. the importance among his successors as it once did. Lougheed knew that this would have an immediate, Page 6: LASA #48-G-8 In fact, when Mr. Lougheed left office in 1985 the but short-term, negative affect on Albertans. Fund was sitting at $12 billion, and not much has Left: Accession: # 2010-034 changed in twenty-seven years. His displeasure Though these negotiations and battles over Middle: LASA #48-G-12 with this fact was very public. Alberta’s energy sector were intense, they were never hateful. Right: LASA #5-G-257 Of legend were Mr. Lougheed’s battles with then Prime Minister Pierre Trudeau. Though he was the

Volume 21, Issue 1 7 LEGAL ARCHIVES SOCIETY OF ALBERTA

Ex Libris

This study examines the C.D. Evans, best known to This book examines legal Like most biographies, this This is an examination of a administration of criminal law Alberta lawyers as a defense history in the empire and, in book is not only about on murder case in Picton, in the prairie West from the lawyer and author of two particular, the role of judges individual, but is an Ontario in the late nineteenth late nineteenth to early memoirs -- one on the Hon. in the administration of law. illustration of a period of time century. twentieth centuries. Milt Harradence and one on -- nineteenth-century Halifax. John McLaren makes use of his own forty years at the Robert Sharpe thoroughly Through the lens of crime and case studies from across the It’s an excellent examination criminal bar. examines all aspects of the punishment, Lesley Erickson empire -- including Canada -- of a lawyer’s practice in the case from the murder of a sets out to survey the In his latest work he has to illustrate the roles judges nineteenth century, but within local citizen, to the court and relationship between law and teamed by with Dr. L.M. played not only in the greater context of the legal government proceedings, to society in settler communities Shyba to write a biting work administering the law, but in profession as it existed in the response of the local throughout the Canadian of fiction. some cases governing the British North America. community. prairies. colony. Based in the future in the Unlike previous histories of He makes use of the From the perspective of a fictional province of Alberia, As McLaren demonstrates, pre-Confederation law, tremendous archival and social historian, Erickson the authors set out to tell the political interference led many Girard’s study takes cultural newspaper accounts available examines the affect of the law story of PetroFubar Energy’s judges to be either removed or history as its starting point. from this trial. on a number of social groups, response to the discovery of suspended from their duties. In an attempt to gain greater in particular women, as 5000 dead ducks in a oil sands It is an excellent study of the As such, he examines the insight and perspective into offenders and victims. tailing pond. process of a murder trial in process of judicial legal practice and to late nineteenth century appointments, accountability She discovers through demonstrate the This piece of satirical fiction is Ontario, which led to the and judicial independence meticulous sifting of court commonalities among a great mixture of suspense conviction and execution of across the empire. and archival records that this lawyers and the legal and comedy as the energy three men. subject crosses race and class profession during this period, company works to avoid the The book is a thorough boundaries and has no Girard places Beamish fall out from this A judge on the Court of analysis on the state of the geographical significance. Murdoch into the greater environmental disaster. Appeal of Ontario, Sharpe relationship between law and international context with examines this case was a keen politics throughout the British The result is an excellent comparisons of legal practice Though there may be several legal eye, and eventually Empire. study of the relationship parallels, the reader should in Upper and Lower Canada, concludes that it was a between law and society in remember that this is fiction. the Maritimes, the United miscarriage of justice. the Canadian West. States and England. 8 Fall 2012 LEGAL ARCHIVES SOCIETY OF ALBERTA

LASA Outreach Thank You

Faculty of Law, University of Alberta LASA prepared an exhibit for the University of Alberta, Faculty of LASA would like to acknowledge and thank all those who volunteered Law’s 100 - Year Centenary gala dinner that was held on Friday, September 21, 2012 at that Shaw Conference Centre in Edmonton. their time to support our recent fundraising Casino held at Cowboys The display focused on the era of each of the ten deans, with Casino on September 7 and 8, 2012. LASA is indebted to the following additional space being devoted to Deans Weir and Bowker. Other individuals who gave graciously of their time to support LASA’s themes in the display included highlighting special events and individuals associated with the Faculty of Law over the last 100 years. programs.

Fraser Milner Casgrain LLP John Armstrong, Q.C. Neil Watson LASA is also preparing a historical display for the upcoming Everett Bunnell, Q.C. Shaun MacIssac centenary celebrations for Fraser Milner Casgrain LLP. This display Sean McCafferty Alison MacIssac will highlight the firm’s history over the past 100 years and the various branches/lineages that grew from the Fenerty-Calgary side of Greg Wylie Hon. Willis O’Leary, Q.C. the firm. Special display boards will be created to highlight areas of David Mittelstadt Andrew McRae practice expertise, World War veterans, and other important events Brenda McCafferty Betty O’leary and contributions made by firm members. Heather Wylie Taryn Montgomery Tim Elliot Thomas Eaves Book Launch -- 5000 Dead Ducks Brett Code, Q.C. Richard Larson On November 24, 2011, Stacy Kaufeld attended the book launch for 5000 Dead Ducks by C.D. Evans, Q.C. and Dr. L.M. Shyba. The event Duncan McKillop, Q.C. Phil Markovich was held at the Beat Nic in Calgary. It was a well-attended event by Graham Price Tammy Garrioch friends and colleagues from the legal and judicial communities of the Cairns Price Stephanie Skiffington two authors. Allan Shewchuk, Q.C. acted as emcee, and both Mr. Evans and Dr. Shyba did three readings of excepts from their newly Arthur Gniazdowski Cynthia Scheible released novel. Ewa Gniazdowska Genevieve Fraser Sherrilyn Kelly Harry Sanders Rick Klumpenhouwer Kirsten Olson Jake Maslowski Stacy Kaufeld Marla (Unknown) Julia Tam

Thank you also to everyone who made a donation in response to the 2012 Annual Campaign. Letters and donor cards were sent out in May. The donations you make go towards the day-to-day operations of the Legal Archives Society of Alberta. If you haven’t yet made a donation for this year, we hope you will please consider us. Please see the back page for LASA’s Donation form. Left to Right: Allan Shewchuk, Q,C., C.D. Evans, Q.C., Dr. L.M. Shyba and Stacy Kaufeld

Volume 21, Issue 1 9 LEGAL ARCHIVES SOCIETY OF ALBERTA Annual Campaign Donors 2012 (up to September 30)

Honourary Members Donald G. Bishop, Q.C. Hon Marjorie M. Bowker, C.M. (deceased) Wilbur F. Bowker, O.C., Q.C. (deceased) Edward Bredin, Q.C. Garth Fryett, Q.C. James H. Gray (deceased) Hon. Mary M. Hetherington Hon. Louis D. Hyndman, Sr., Q.C. (deceased) Hon. Roger P. Kerans Hon. J.H. Laycraft, O.C., LL.D., Q.C. Hon. J.W. (Buzz) McClung (deceased) John A.S. McDonald, Q.C. (deceased) Hon. D.C. McDonald (deceased) Hon. J.V.H. Milvain, Q.C. (deceased) Hon. W.K. Moore, Q.C. Glenn Morrison, Q.C. Kirsten M. Olson Graham Price, Q.C. Hon. W.A. Stevenson, O.C. Hon. Allan H. Wachowich, Q.C.

Patron ($1,000 - $4,999) Jordan R. Bonner Pat Mayson Edward S. Pipella, Q.C.

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Sustainer ($250 - $499)

William T. Aaron, Q.C. The Hon, Madam Justice Constance D. Douglas E. Ritzen Laurie M. Anderson Hunt The Hon. Mr. Justice Sterling M. William J. Armstrong, Q.C. Lawrence A. Johnson Sanderman Donald G. Bishop, Q.C. Gerald A. I. Lucas, Q.C. James R. Scott Everett L. Bunnell, Q.C. The Hon. John C. Major, Q.C. Wayne E. Shaw W. E. Brett Code, Q.C. The Hon. Mr. Justice Peter W. L. Martin James G. Shea John F. Cordeau, Q.C. Roderick A. McLennan, Q.C. The Hon. Judge Catherine M. Skene Donald R. Cranston, Q.C. The Hon. Thomas B. McMeekin, C.D. The Hon. Mr. Justice Ronald G. Stevens Nancy Diep The Hon. Mr. Justice Clifton D. O’Brien The Hon. Mr. Justice Allen B. Sulatycky The Hon. Russell A. Dixon, Q.C. The Hon. Mr. Justice Alexander G. Park Norman L. Tainsh, Q.C. Dale Owen Ellert J. James S. Peacock, Q.C. The Hon. Mr. Justice Dennis R. G. Brian A. Felesky, C.M., Q.C. Peacock Linder & Halt LLP Thomas Daniel T. Gallagher, Q.C. The Hon. Madam Justice Carolyn S. Mark D. Tims, Q.C. April D. Grosse Phillips Allan R. Twa, Q.C. Jeneane S. Grundberg Tara D. Pipella The Hon. Allan H. Wachowich, Q.C. Gordon J. Hoffman, Q.C. John T. Prowse, Q.C. Thomas W. Wakeling, Q.C. Stephen M.K. Hope William F. Quigley Laurel H. Watson Stephen G. Raby, Q.C.

10 Fall 2012 LEGAL ARCHIVES SOCIETY OF ALBERTA

Friend ($150 - $249)

Anonymous The Hon. Mr. Justice Robert J. Hall William S. Rice, Q.C. Leslie E. Ahlstrom, Q.C. Christopher R. Head Robert G. Roddie, Q.C. David W. Anderson The Hon. Mr. Justice Stephen D. Gregory R. S. Rodin, Q.C. John C. Armstrong, Q.C. Hillier The Hon. John D. Rooke, Associate P. David Arnold James W. Joosse Chief Justice Philip D. Backman, Q.C. Kennedy Agrios LLP Wayne Malcolm Schafer, Q.C. Beresh Cunningham Aloneissi O'Neill The Hon. Roger P. Kerans Frederica L. Schutz, Q.C. Hurley Dr. Louis A. Knafla The Hon. Melvin E. Shannon, Q.C. Richard N. Billington, Q.C. Robert A. C. Knight Daniel I. Shapiro Max Blitt Randal E. Kott Andrew C. L. Sims, Q.C. Joseph A. Bradford Julian G. J. Koziak, Q.C. T. William Snowdon, Q.C. The Hon. Judge Dietrich Brand Terrence M. Kulasa Kenneth E. Staroszik, Q.C. Janice M. Bruni, Q.C. The Hon. Samuel S. Lieberman, Q.C. The Hon. Madam Justice Jo’Anne R. John L. Butler, Q.C. Douglas A. Lynass, Q.C. Strekaf The Hon. Judge Edward R. R. John R. MacInnes, Q.C. The Hon. Mr. Justice W. Patrick Carruther Wallace B. MacInnes, Q.C. Sullivan Ian Cartwright The Hon. Judge Lloyd E. Malin The Hon. Judge Paul G. Sully William J. Coll J. Jack Marshall, Q.C. Barbara J. Vallance The Hon. Madam Justice Carole M. Murray D. McGown, Q. C. The Hon. Judge Sharon L. Van de Veen Conrad Douglas K. B. McLean Harold W. Veale, Q.C. The Hon. Judge Lynn T. L. Cook- The Hon. Madame Justice Mary T. Diane M. Volk Stanhope Moreau David J. Wachowich, Q.C. John Cuthbertson, Q.C. The Hon. Virgil P. Moshansky, Q.C. The Hon. Judge Ernest J. M. Walter Patricia L. Daunais, Q.C. Armand J. Moss, Q.C. Kenneth G. Watson Karyn R. Decore Paul Newcombe Neil B. Watson Balfour Q.H. Der, Q.C. Allan D. Nielsen, Q.C. The Hon. Neil C. Wittmann, Chief William A. Dushenski R. Philip North, Q.C. Justice Barry E. Emes The Hon. Judge Richard J. O’Gorman Blair C. Yorke-Slader, Q.C. Gordon W. Flynn, Q.C. Thomas R. Owen The Hon. Judge L. Diane Young Allan W. Fraser Diane J. Pettie W. Donald Goodfellow, Q.C. Michael J. Pucylo The Hon. Judge Marlene L. Graham John H. W. Rathwell

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Linda A. Anderson James L. Dixon, Q.C. William H. Hurlburt, Q.C. Robert W. Anderson Leslie R. Duncan, Q.C. The Hon. E. Peter Lougheed, Q.C. Douglas H. Bell, Q.C. EBSCO Subscription Services Malhotra & Company Aaron Bickman The Hon. Mr. Justice Robert A. Kirsten M. Olson Sophia L. Blumin Graesser Donnel O. Sabey, Q.C. James A. Butlin, Q.C. Tracy M. Hembroff Lisa A. Silver Donald J. Chernichen, Q.C. Deborah E. Horowitz Scott A. Watson, Q.C.

Volume 21, Issue 1 11 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

◼ The Legal Archives Society of Alberta will host its next Annual General Suite 400, 1015 - 4th Street S.W. Meeting on Wednesday, March 6, 2013 in Calgary starting a 6:00 pm. It will Calgary, Alberta T2R 1J4 be held at LASA’s new location at Suite 400, 1015 - 4th Street S.W.. Stay Tel: 1-403-244-5510 tuned for further information. Fax: 1-403-244-5510 Email: [email protected] www.legalarchives.ca ◼ Members are reminded to check out the Archives Society of Alberta website at www.archivesalberta.org. Archival descriptions to LASA’s textual holding and our scanned/digitized photograph collection are available by Edited by Wayne Malcolm Schafer, Q.C. keyword searching on the ANA and Alberta Insights databases. The views expressed in Architypes are not necessarily those of the Legal Archives Society of Alberta ◼ LASA has slashed its book prices! Please visit www.legalarchives.ca/ ISSN: 1189-0002 resources/publications for a list of our publications and ordering information.

◼ Did you know that LASA’s 2012 annual fundraising campaign is underway? Please consider making a donation to preserve legal history!

Yes! I want to make my mark in history... Take your place in the legal history of Alberta by becoming a supporter today.

◻Friend...... $150 to $249 ◻Patron...... $1,000 to $4,999 ◻Sustainer...... $250 to $499 ◻Benefactor...... $5,000 to $9,999 ◻Advocate...... $500 to $999 ◻Archivists’...... Circle $10,000+

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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 12 Fall 2012