Hugh Amos Robson: Lawyer, Judge, Founder of the Manitoba Law School, Politician, Popular Public Servant
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Hugh Amos Robson: Lawyer, Judge, Founder of the Manitoba Law School, Politician, Popular Public Servant ROLAND PENNER 2019 CanLIIDocs 4179 Hugh Amos Robson: 1871-1945 Written by Roland Penner, CM OM QC Edited by Dr. Bryan P. Schwartz and Erik Gusdal et al TABLE OF CONTENTS Preface and Acknowledgements………………………….....……………………..3 Chapter 1 – Ancestry, Family, and Personal Life……………………………..7 Chapter 2 – Robson: Legal Educator and Innovator…….…………………13 Chapter 3 – Lawyer, Judge, and Arbitrator………………….......…………..19 2019 CanLIIDocs 4179 Chapter 4 – A Devoted Public Servant………………..……..…………………27 Chapter 5 – Robson in Provincial Politics………….…………….……………40 MANITOBA LAW JOURNAL | VOLUME 42 ISSUE 2 3 PREFACE AND ACKNOWLEDGEMENTS* n the spring of 2018, the Manitoba Law Journal (MLJ) hired me as a student editor to work on this special issue. The goal was to complete and publish I one of the last projects of the late Roland Penner, C.M., O.M., Q.C. Prior to medical complications that led to his passing in May of 2018, Penner brought to the MLJ a draft manuscript of a biography detailing the life and career of Chief Justice Hugh Amos Robson, founder of the Manitoba Law School. Penner and the MLJ reached an agreement to develop the project further with the hope of publishing his work in time to commemorate the 50th anniversary of the founding of Robson Hall. Robson Hall houses the Faculty of Law at the University of Manitoba and was named in memory of the Honourable Hugh Amos Robson. This project had its beginnings in the fall of 2014 when the Faculty of Law organized a number of events commemorating the Centennial Year of the 2019 CanLIIDocs 4179 founding of the Manitoba Law School. The School, now the Faculty of Law at the University of Manitoba, was founded on September 15, 1914 as the result of the efforts of Chief Justice Robson. Robson was asked by the Benchers of the Manitoba Law Society in 1913 to negotiate an agreement with the University of Manitoba making formal academic legal education a prerequisite to the right to practice law in Manitoba. The negotiations were a success. The resulting arrangement between the Law Society and the University was authorized by statute in an amendment to the Law Society Act.1 The School formally opened at the Hargrave Street YMCA. The Centennial Year commemoration began with symposiums, lectures and a “Centennial Gala” organized by then Dean Lorna Turnbull. As a participant in these events, and as a former Dean of the Faculty of Law, Penner’s interest in Robson was piqued and he soon set about researching more of the former Chief Justice. Like most of his colleagues, Penner had taken Robson for granted; having little or no knowledge of what he later came to know was an exceptional and multi-faceted career. Preliminary research revealed that aside from a well-documented but brief (fourteen page) note by Dale Brawn in his biographical history: The Court of Queen’s Bench of Manitoba * This preface is based on Penner’s preface and the acknowledgments section in his contribution. 1 An Act to amend “The Law Society Act” SM 1915, c 37, ss 7, 8. 4 Preface and Acknowledgements 1870-1950,2 and references in a few other legal histories,3 there was no published biography about the life of H. A. Robson. In early 2015 Penner suggested to his friend, colleague and co-author (Tales from the Underworld)4 Norm Larsen that they should attempt to write a biography detailing Robson’s life. With his agreement Penner called upon Dean Turnbull who was both interested and supportive, advancing from the Dean’s Fund the money for a summer research student. They retained law student Sam Thomson, who was able to provide them with information about Robson’s family and an analysis of some of Robson’s political activities in the 1920’s.5 Unfortunately, and much to their surprise, they had difficulty finding any substantive public records relating to Robson’s personal life in either the University of Manitoba Archives or the Provincial Archives of Manitoba. What they did come across were notes by Dale Gibson from the formal opening of Robson Hall in 1969. Gibson had attempted to provide some personal information on Robson based on interviews with his surviving family and 2019 CanLIIDocs 4179 others who knew Robson personally. He discovered, to his disappointment, that although Robson kept a daily diary throughout his life, its several volumes 2 Dale Brawn, The Court of Queen’s Bench of Manitoba 1870-1950: A Biographical History (Toronto: University of Toronto Press, 2006). 3 Dale Gibson & Lee Gibson, Substantial Justice: Law and Lawyers in Manitoba 1670-1970 (Winnipeg: Peguis Publishers, 1972); Lee Gibson, A Proud Heritage: The First Hundred Years of Aikins, Macaulay and Thorvaldson (Winnipeg: A.L. Gibson, 1993); Cameron Harvey, ed, The Law Society of Manitoba 1877-1977 (Winnipeg: Peguis Publishers, 1977); Gerald Jewers, Manitoba Justice: A History of Manitoba Law and Lawyers (Winnipeg: Gerald Jewers, 2013); Norm Larsen, ed, Notable Trials From Manitoba’s Legal History (Manitoba: Friesens, 2015); W Wesley Pue, “Common Law Legal Education in Canada’s Age of Soap, Light and Water” (1995) 23 Man LJ 654; Dale Brawn, Paths to the Bench: The Judicial Appointment Process in Manitoba, 1870-1950 (Vancouver: UBC Press, 2014); E.K. Williams, “Legal Education in Manitoba: 1913-1950” (1950) 28:7 Can Bar Rev 759. 4 Roland Penner & Norm Larsen, Tales from the Underworld and Other Stories (Winnipeg: Heartland Associates, 2009). 5 This analysis was based on John Kendle’s biography of premier John Bracken, as it related to Robson’s political activities in the 1920’s. John Bracken: A Political Biography (Toronto: University of Toronto Press, 1979). MANITOBA LAW JOURNAL | VOLUME 42 ISSUE 2 5 had either been lost or destroyed.6 Penner and Larsen had conducted some informal conversations with Robson’s surviving family of their own, however, to ensure compliance with all academic policies on research involving human subjects, the editors of this journal have ensured that all information contained in this biography is based only on public sources. Though it seemed that any records of Robson’s personal and family life would unfortunately be limited to a few second hand accounts, the MLJ, with the help of Archivist Tom Mitchell, discovered what may be one of the only sources detailing Robson’s life before his legal career, written by Robson himself. The provincial archives contain a document that is somewhat misleadingly titled “H.A. Robson Autobiography.” However, it is more of an attempt at writing a history of how Canada settled its Prairie Provinces, than an autobiography detailing Robson’s life. Despite this, the opening chapter provides a brief autobiographical account of Robson’s childhood and how he and his family immigrated to Canada when he was a boy.7 2019 CanLIIDocs 4179 Not long after they began the actual writing of their monograph, Norm Larsen was diagnosed with a terminal illness. Before his passing in April 2017, he asked Penner to take over as the sole author. Penner acknowledged that to a very considerable extent he was only able to do so because of Larsen’s willingness to still contribute as best he could. Using his talents as a lawyer, author and legislative drafts person to act as Penner’s revising editor, he continued to help even during his final weeks at Riverview Hospice. Penner dedicated his contribution to Norm Larsen. 6 Hugh Amos Robson Lawyer member file, Legal Judicial History collection, Winnipeg, Archives of Manitoba (Location code: M-92-8-17 file 25). Robson’s Law Society membership file at the Provincial Archives contains a series of notes typed and hand-written on cue cards, describing anecdotes and information about Robson’s career and personal life. The notes were based on published sources as well as interviews with Robson’s daughters and others who had known him personally. Dale Gibson has since confirmed that he had made these notes and conducted interviews with Robson’s family during the time that Robson’s name was being considered for the name of the new Faculty of Law building at the University of Manitoba back in 1969. The notes include an account of Gibson’s efforts to recover the diary, only to learn that it had been lost. 7 The archival record was purportedly written by Robson himself circa 1944, and was compiled and edited by one of Robson’s nephews. It was submitted to the law school in 1989, however, it was a fairly incomplete, and poorly citied history that did not necessarily contribute anything new to history. In addition to providing a brief account of his childhood, it also provides a few more random personal accounts, but it is predominately a history based on secondary sources rather than his own personal reflections. H. A. Robson, Autobiography – draft and correspondence (ca. 1945, 1989, Legal Judicial Historical Collection), Winnipeg, Archives of Manitoba (Q 26462, file 40). 6 Preface and Acknowledgements Penner also acknowledged the assistance of Trevor Anderson, his friend, colleague and former Dean of the Faculty. At Penner’s request, he agreed to use his encyclopedic knowledge of Canadian history and law to examine the text and notes for any errors and omissions. It was upon Anderson’s suggestion that Penner decided to add a further chapter on Robson’s political activities.8 Penner was also particularly grateful to Catherine Miazga who accepted with patience the onerous task of typing and organizing his work as it developed into the draft submitted to the MLJ. Once in the hands of the MLJ editors, a great deal of work was still needed to be done and the scope of Penner’s initial project was expanded in order to form a special issue on the Chief Justice.