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Rt. Hon. Beverley Mclachlin, P.C. Chief Justice of Canada
Published July 2014 Judicial Profile by Witold Tymowski Rt. Hon. Beverley McLachlin, P.C. Chief Justice of Canada here is little in the early life of Chief Justice Beverley McLachlin that would foreshadow her rise to the highest judicial office in Canada. After all, she was not raised in a large cosmopolitan center, but on a modest Tranch on the outskirts of Pincher Creek, Alberta, a small town in the lee of Canada’s beautiful Rocky Mountains. Her parents, Eleanora Kruschell and Ernest Gietz, did not come from wealth and privilege. They were hard- working ranchers who also took care of a nearby sawmill. Chief Justice McLachlin readily admits that growing up, she had no professional female role models. And so, becoming a lawyer, let alone a judge, was never part of her early career plans. Indeed, the expectation at the time was that women would marry and remain within the home. Girls might aspire to teaching, nursing, or secretarial work, but usually only for a short time before they married. Her childhood, nonetheless, had a distinct influence on her eventual career path. Chief Justice McLachlin proudly refers to herself as a farm girl and has often spoken of a deep affection for Pincher Creek. A Robert McInnes painting depicting a serene pastoral scene, appropriately entitled Pincher Creek, occupies a prominent place in her Supreme Court office and offers a reminder of her humble beginnings. That Chief Justice McLachlin maintains a deep connec- tion with her birthplace is hardly surprising. Despite its geographical remoteness, it nurtured its youth with a It grounded her with a common-sense practicality and culture centered on literacy, hard work, and self-reli- the importance of doing your honest best at whatever ance. -
A Rare View Into 1980S Top Court
A rare view into 1980s top court New book reveals frustrations, divisions among the judges on the Supreme Court By KIRK MAKIN JUSTICE REPORTER Thursday, December 4, 2003- Page A11 An unprecedented trove of memos by Supreme Court of Canada judges in the late 1980s reveals a highly pressured environment in which the court's first female judge threatened to quit while another judge was forced out after plunging into a state of depression. The internal memos -- quoted in a new book about former chief justice Brian Dickson -- provide a rare view into the inner workings of the country's top court, which showed itself to be badly divided at the time. The book portrays a weary bench, buried under a growing pile of complex cases and desperately worried about its eroding credibility. One faction complained bitterly about their colleagues' dithering and failure to come to grips with their responsibilities, according to memos seen for the first time by the authors of Brian Dickson: A Judge's Journey. The authors -- Mr. Justice Robert Sharpe of the Ontario Court of Appeal and University of Toronto law professor Kent Roach -- also interviewed many former judges and ex-clerks privy to the inner workings of the court at arguably the lowest point in its history. "The court was struggling with very difficult issues under very difficult circumstances at the time," Prof. Roach said yesterday. "It was a court that had an incredible amount on its plate and, in retrospect, we were well served by that court." The chief agitators were Mr. Justice Antonio Lamer and Madam Justice Bertha Wilson. -
Canadian Law Library Review Revue Canadienne Des Bibliothèques Is Published By: De Droit Est Publiée Par
CANADIAN LAW LIBRARY REVIEW REVUE CANADIENNE DES BIBLIOTHÈQUES DE DROIT 2017 CanLIIDocs 227 VOLUME/TOME 42 (2017) No. 2 APA Journals® Give Your Users the Psychological Research They Need LEADING JOURNALS IN LAW AND PSYCHOLOGY 2017 CanLIIDocs 227 Law and Human Behavior® Official Journal of APA Division 41 (American Psychology-Law Society) Bimonthly • ISSN 0147-7307 2.884 5-Year Impact Factor®* | 2.542 2015 Impact Factor®* Psychological Assessment® Monthly • ISSN 1040-3590 3.806 5-Year Impact Factor®* | 2.901 2015 Impact Factor®* Psychology, Public Policy, and Law® Quarterly • ISSN 1076-8971 2.612 5-Year Impact Factor®* | 1.986 2015 Impact Factor®* Journal of Threat Assessment and Management® Official Journal of the Association of Threat Assessment Professionals, the Association of European Threat Assessment Professionals, the Canadian Association of Threat Assessment Professionals, and the Asia Pacific Association of Threat Assessment Professionals Quarterly • ISSN 2169-4842 * ©Thomson Reuters, Journal Citation Reports® for 2015 ENHANCE YOUR PSYCHOLOGY SERIALS COLLECTION To Order Journal Subscriptions, Contact Your Preferred Subscription Agent American Psychological Association | 750 First Street, NE | Washington, DC 20002-4242 USA ‖‖ CONTENTS / SOMMAIRE 5 From the Editor The Law of Declaratory Judgments 40 De la rédactrice Reviewed by Melanie R. Bueckert 7 President’s Message Pocket Ontario OH&S Guide to Violence and 41 Le mot de la présidente Harassment Reviewed by Megan Siu 9 Featured Articles Articles de fond Power of Persuasion: Essays -
Canadian Law Library Review Revue Canadienne Des Bibliothèques Is Published By: De Droit Est Publiée Par
CANADIAN LAW LIBRARY REVIEW REVUE CANADIENNE DES BIBLIOTHÈQUES DE DROIT VOLUME/TOME 42 (2017) No. 2 APA Journals® Give Your Users the Psychological Research They Need LEADING JOURNALS IN LAW AND PSYCHOLOGY Law and Human Behavior® Official Journal of APA Division 41 (American Psychology-Law Society) Bimonthly • ISSN 0147-7307 2.884 5-Year Impact Factor®* | 2.542 2015 Impact Factor®* Psychological Assessment® Monthly • ISSN 1040-3590 3.806 5-Year Impact Factor®* | 2.901 2015 Impact Factor®* Psychology, Public Policy, and Law® Quarterly • ISSN 1076-8971 2.612 5-Year Impact Factor®* | 1.986 2015 Impact Factor®* Journal of Threat Assessment and Management® Official Journal of the Association of Threat Assessment Professionals, the Association of European Threat Assessment Professionals, the Canadian Association of Threat Assessment Professionals, and the Asia Pacific Association of Threat Assessment Professionals Quarterly • ISSN 2169-4842 * ©Thomson Reuters, Journal Citation Reports® for 2015 ENHANCE YOUR PSYCHOLOGY SERIALS COLLECTION To Order Journal Subscriptions, Contact Your Preferred Subscription Agent American Psychological Association | 750 First Street, NE | Washington, DC 20002-4242 USA ‖‖ CONTENTS / SOMMAIRE 5 From the Editor The Law of Declaratory Judgments 40 De la rédactrice Reviewed by Melanie R. Bueckert 7 President’s Message Pocket Ontario OH&S Guide to Violence and 41 Le mot de la présidente Harassment Reviewed by Megan Siu 9 Featured Articles Articles de fond Power of Persuasion: Essays by a Very Public 41 Edited by John -
Mber - Order of the British Empire (Mbe)
MEMBER - ORDER OF THE BRITISH EMPIRE (MBE) MBE 2021 UPDATED: 26 June 2021 To CG: 26 June 2021 PAGES: 99 ========================================================================= Prepared by: Surgeon Captain John Blatherwick, CM, CStJ, OBC, CD, MD, FRCP(C), LLD(Hon) Governor General’s Foot Guards Royal Canadian Air Force / 107 University Squadron / 418 Squadron Royal Canadian Army Medical Corps HMCS Discovery / HMCS York / HMCS Protecteur 12 (Vancouver) Field Ambulance 1 MBE (military) awarded to CANADIAN ARMY WW1 (MBE) CG DATE NAME RANK UNIT DECORATIONS / 09/02/18 AUGER, Albert Raymond Captain Cdn Forestry Corps MBE 12/07/19 BAGOT, Christopher S. Major Cdn Forestry Corps (OBE) MBE 09/02/18 BENTLEY, William Joseph LCol Asst Director Dental Svc MBE 20/07/18 BLACK, Gordon Boyes Major Cdn Forestry Corps MBE 20/07/18 BROWN, George Thomas Lieutenant Cdn Army Medical Corps MBE 12/07/19 CAINE, Martin Surney Lieutenant Alberta Regiment MBE 20/07/18 CALDWELL, Bruce McGregor Major OIC Cdn Postal Corps MBE 09/02/18 CAMPBELL, David Bishop LCol Cdn Forestry Corps MBE 05/07/19 CARLESS, William Edward Lieutenant Canadian Engineers MBE 05/07/19 CASSELS, Hamilton A/Captain Attached RAF MBE 12/07/19 CASTLE, Ivor Captain General List MBE 09/02/18 CHARLTON, Charles Joseph Captain Staff Captain Cdn HQ MBE 12/07/19 CLARKE, Thomas Walter A/Captain Cdn Railway Troops MBE 05/07/19 COLES, Harry Victor Lieutenant Cdn Machine Gun Corps MBE 20/07/18 COLLEY, Thomas Bellasyse Captain Phys & Bayonet Training MBE 09/02/18 COOPER, Herbert Millburn Lieutenant Asst Inspect Munitions MBE 12/07/19 COX, Alexander Lieutenant Saskatchewan Reg MBE 05/07/19 CRAIG, Alexander Meldrum S/Sgt Maj Cdn Army Service Corps MBE 14/12/18 CRAFT, Samuel Louis Captain Quebec Regiment MBE 10/05/19 CRIPPS, George Wilfitt Lieutenant 13 Bn Cdn Railway Troop MBE 12/07/19 CURRIE, Thomas Dickson A/Captain Cdn Railway Troops MBE 12/09/19 CURRY, Charles Townley Hon Lt General List MBE 05/07/19 DEAN, George Edward Lieutenant CFA attched RAF MBE 05/07/19 DRIVER, George Osborne H. -
Criminal Fault As Per the Lamer Court and the Ghost of William Mcintyre
Osgoode Hall Law Journal Volume 33 Issue 1 Volume 33, Number 1 (Spring 1995) Article 3 1-1-1995 Criminal Fault as Per the Lamer Court and the Ghost of William McIntyre Michael J. Bryant Follow this and additional works at: https://digitalcommons.osgoode.yorku.ca/ohlj Part of the Courts Commons, Criminal Law Commons, and the Jurisprudence Commons Article This work is licensed under a Creative Commons Attribution-Noncommercial-No Derivative Works 4.0 License. Citation Information Bryant, Michael J.. "Criminal Fault as Per the Lamer Court and the Ghost of William McIntyre." Osgoode Hall Law Journal 33.1 (1995) : 79-103. https://digitalcommons.osgoode.yorku.ca/ohlj/vol33/iss1/3 This Article is brought to you for free and open access by the Journals at Osgoode Digital Commons. It has been accepted for inclusion in Osgoode Hall Law Journal by an authorized editor of Osgoode Digital Commons. Criminal Fault as Per the Lamer Court and the Ghost of William McIntyre Abstract Contrary to recent criticisms to the effect that the Supreme Court of Canada favours the rights of criminal defendants and shuns the interests of the community, the Lamer Court has in fact championed the moral requisites of the community in its constitutional jurisprudence on criminal fault. By viewing rights and responsibilities as inextricably linked, the Lamer Court implicitly borrows from natural law traditions espoused by the Dickson Court's most conspicuous dissenter on criminal fault issues-Mr. Justice William McIntyre. This article argues that the tradition or philosophy underlying criminal fault as per the Lamer Court contrasts with the individualist, rights-oriented tendency of the Dickson Court, and corresponds with the approach of William McIntyre. -
Labouring Outside the Charter
Osgoode Hall Law Journal Volume 29 Issue 4 Volume 29, Number 4 (Winter 1991) Article 6 10-1-1991 Labouring Outside the Charter David M. Beatty Follow this and additional works at: https://digitalcommons.osgoode.yorku.ca/ohlj Part of the Labor and Employment Law Commons Article This work is licensed under a Creative Commons Attribution-Noncommercial-No Derivative Works 4.0 License. Citation Information Beatty, David M.. "Labouring Outside the Charter." Osgoode Hall Law Journal 29.4 (1991) : 839-862. https://digitalcommons.osgoode.yorku.ca/ohlj/vol29/iss4/6 This Article is brought to you for free and open access by the Journals at Osgoode Digital Commons. It has been accepted for inclusion in Osgoode Hall Law Journal by an authorized editor of Osgoode Digital Commons. Labouring Outside the Charter Abstract In this essay, Professor Beatty reviews the leading Charter cases decided by the Supreme Court of Canada which consider the constitutionality of a variety of different labour laws. In reasoning and result, he finds that by and large these cases provide strong support for those legal scholars who are generally sceptical of the law and critical of the courts and who predicted that, even with the Charter, it was unlikely the Court would change the antipathy judges have historically displayed to the interests of workers and their associations. However, while these legal theorists may draw some comfort from these decisions in confirming their powers of prognostication, Professor Beatty concludes that the workers who were adversely affected by them can take little solace in being left out in the cold. -
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. -
'Atlantic Seat' on the Supreme Court of Canada: an Endangered Species?
Osgoode Hall Law School of York University Osgoode Digital Commons Research Papers, Working Papers, Conference All Papers Papers 2017 The Atl‘ antic Seat’ on the Supreme Court of Canada: An Endangered Species? Philip Girard Osgoode Hall Law School of York University, [email protected] Follow this and additional works at: https://digitalcommons.osgoode.yorku.ca/all_papers Part of the Law Commons Repository Citation Girard, Philip, "The A‘ tlantic Seat’ on the Supreme Court of Canada: An Endangered Species?" (2017). All Papers. 277. https://digitalcommons.osgoode.yorku.ca/all_papers/277 This Working Paper is brought to you for free and open access by the Research Papers, Working Papers, Conference Papers at Osgoode Digital Commons. It has been accepted for inclusion in All Papers by an authorized administrator of Osgoode Digital Commons. “The ‘Atlantic Seat’ on the Supreme Court of Canada: An Endangered Species?” Philip Girard* I. Introduction The sigh of relief on the Atlantic coast could be heard all the way to Ottawa on October 17, 2016. On that day, Prime Minister Justin Trudeau announced the nomination of Justice Malcolm Rowe of the Newfoundland and Labrador Court of Appeal to the Supreme Court of Canada seat vacated by Justice Thomas Cromwell. Justice Cromwell’s replacement was to be the first appointed pursuant to a new process put in place by the Trudeau government. When that process was unveiled on August 2, 2016, Trudeau announced that the position would be open to any qualified Canadian lawyer or judge who was functionally bilingual and “representative of the diversity of our great country.” A further clarification stated that “[a]pplications are being accepted from across Canada in order to allow for a selection process that ensures outstanding individuals are considered for appointment to the Supreme Court of Canada,” confirming that Atlantic Canadians did not have a lock on the position.1 People on the east coast generally take most things in stride, but this proposed change created a considerable outcry. -
Labouring Outside the Charter David M
View metadata, citation and similar papers at core.ac.uk brought to you by CORE provided by York University, Osgoode Hall Law School Osgoode Hall Law Journal Article 6 Volume 29, Number 4 (Winter 1991) Labouring Outside the Charter David M. Beatty Follow this and additional works at: http://digitalcommons.osgoode.yorku.ca/ohlj Article Citation Information Beatty, David M.. "Labouring Outside the Charter." Osgoode Hall Law Journal 29.4 (1991) : 839-862. http://digitalcommons.osgoode.yorku.ca/ohlj/vol29/iss4/6 This Article is brought to you for free and open access by the Journals at Osgoode Digital Commons. It has been accepted for inclusion in Osgoode Hall Law Journal by an authorized editor of Osgoode Digital Commons. Labouring Outside the Charter Abstract In this essay, Professor Beatty reviews the leading Charter cases decided by the Supreme Court of Canada which consider the constitutionality of a variety of different labour laws. In reasoning and result, he finds that by and large these cases provide strong support for those legal scholars who are generally sceptical of the law and critical of the courts and who predicted that, even with the Charter, it was unlikely the Court would change the antipathy judges have historically displayed to the interests of workers and their associations. However, while these legal theorists may draw some comfort from these decisions in confirming their powers of prognostication, Professor Beatty concludes that the workers who were adversely affected by them can take little os lace in being left out in the oc ld. This article is available in Osgoode Hall Law Journal: http://digitalcommons.osgoode.yorku.ca/ohlj/vol29/iss4/6 LAB OURING OUTSIDE THE CHARTER By DAVID M. -
Mackinnon's Contribution to Canadian Equality Jurisprudence
Tulsa Law Review Volume 46 Issue 1 Symposium: Catharine MacKinnon Fall 2010 Timely Interventions: MacKinnon's Contribution to Canadian Equality Jurisprudence Sheila McIntyre Follow this and additional works at: https://digitalcommons.law.utulsa.edu/tlr Part of the Law Commons Recommended Citation Sheila McIntyre, Timely Interventions: MacKinnon's Contribution to Canadian Equality Jurisprudence, 46 Tulsa L. Rev. 81 (2013). Available at: https://digitalcommons.law.utulsa.edu/tlr/vol46/iss1/10 This Legal Scholarship Symposia Articles is brought to you for free and open access by TU Law Digital Commons. It has been accepted for inclusion in Tulsa Law Review by an authorized editor of TU Law Digital Commons. For more information, please contact [email protected]. McIntyre: Timely Interventions: MacKinnon's Contribution to Canadian Equali TIMELY INTERVENTIONS: MACKINNON'S CONTRIBUTION TO CANADIAN EQUALITY JURISPRUDENCE Sheila McIntyre* I would like to thank the organizers of this symposium for inviting me to discuss Professor Catharine MacKinnon's contributions to Canadian law and feminist legal activism. I have focused on her contributions to equality jurisprudence and to law reforms related to sexual-assault law. This focus only captures some of the most direct of her contributions to Canadian equality thinking and activism during the last twenty-five years. Professor MacKinnon's work is taught in an astonishingly varied range of law school courses and social science subjects across Canada. It is regularly cited in legal briefs and scholarship devoted to equality and human rights law, theory, and advocacy and to combating male violence against women. In researching this paper, I re-read some of the writings that have been very important to me in my life as a legal scholar and feminist legal activist and read others for the first time. -
William R. Mcintyre: Paladin of the Common Law by WH
BOOK REVIEW COMPTE RENDU DE LECTURE 159 William R. McIntyre: Paladin of the Common Law by WH. McConnell, Montreal.McGill-Queen's University Press, 2000. Pp. 248. IN WILLIAM R. MCINTYRE: PALADIN OF THE COMMON LAW,' Professor of Law Emeritus (University of Saskatchewan) W.H. McConnell has written one book with many pens. At different points he is Justice William McIntyre's ghost-writer, judgment- explicator, case-chronicler, biographer-cum-hagiographer, oral historian and cheerleader. Rarely is he a critic of the judge or of those around him, except by repeated comments chiding Pierre Elliott Trudeau, regarding his "patriation" strategy and the very existence of the Charter.2 McConnell dispassionately nar- rates judicial views opposed to McIntyre's but still manages to write an apologia. This is a book, in other words, that is relatively easy to read and difficult to review. It begins with a paean to University of Saskatchewan law faculty's past in the form of interviews, delightfully drawn from George Curtis, Sandy MacPherson, Otto Lang and Bud Estey.3 The author has been commendably thor- ough in securing interviews with others concerning McIntyre's career and char- acter: Bertha Wilson, Harry Rankin, Brian Dickson, Marc Lalonde, 4 and in-depth comments from his law partner and close friend, Lloyd McKenzie. The first two chapters, "Early Influences: Education and Wartime" and "Practice in Victoria," give the biographical, educational, family and professional details about growing up in Moose Jaw during the inter-war years. There is a lot of nostalgia for the way law used to be taught in downtown Saskatoon, by three full-time professors (Moxon, Cronkite, Corry)' and two dozen sessional practi- tioners: Socratic method, jurisprudence, the English constitution, and the Harvard case law approach to torts, contracts and real property.