The Osgoode Society For Canadian Legal History

ANNUAL REPORT 2011 THE SEAL OF THE SOCIETY, REPRODUCED ON

THE COVER OF THIS REPORT, REFLECTS AN Introduction

ELEMENT OF THE ARMS OF JOHN BEVERLEY THE OSGOODE SOCIETY WAS INCORPORATED IN MAY OF ROBINSON FROM WHOM THE LAND ON WHICH 1979. IN 1993 IT BECAME THE OSGOODE SOCIETY FOR OSGOODE HALL IS BUILT WAS PURCHASED BY CANADIAN LEGAL HISTORY. FOUNDED AT THE INITIATIVE THE LAW SOCIETY OF UPPER IN 1829. OF R. ROY MCMURTRY, A FORMER ATTORNEY GENERAL AND

CHIEF JUSTICE OF , AND OFFICIALS OF THE LAW

SOCIETY OF , ITS PURPOSE IS TO STUDY AND

PROMOTE PUBLIC INTEREST IN THE HISTORY OF THE LAW,

THE LEGAL PROFESSION AND THE JUDICIARY IN ONTARIO

AND ELSEWHERE IN CANADA AND TO STIMULATE

RESEARCH AND PUBLICATION ON THESE SUBJECTS.

AMONG THE SOCIETY'S ACTIVITIES ARE ITS

PUBLICATIONS PROGRAMME, AN ORAL HISTORY

PROGRAMME, AND A RESEARCH SUPPORT PROGRAMME TO

ASSIST SCHOLARS DOING RESEARCH IN CANADIAN LEGAL

HISTORY. THE SOCIETY'S INTENTION IS THAT ITS ANNUAL

PUBLICATION WILL BE FUNDED BY MEMBERSHIP FEES. THE

CONTINUATION OF RELATED EFFORTS WILL DEPEND

PRIMARILY ON SUPPORT FROM THE LAW FOUNDATION OF

ONTARIO AND FROM PATRONS, BENEFACTORS AND

SUSTAINING MEMBERS. The Osgoode Society For Canadian Legal History

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PHOTO CREDIT: THE STAR/B. SPREMO, C.M.

1 Editor’s Report

We have had another very good year. The should include. In recent years we have embarked publication programme produced another four first on two initiatives to broaden the programme, one on class books (discussed below), and there are plenty African- in the legal profession, of titles at various stages for the future. They concentrating on the generation now finding its way include a history of the Ontario Court of Appeal, the onto the bench and into partnerships in major firms, memoirs of Roy McMurtry, a biography of the Hon. an the other we call ‘Main Street not Bay Street,’ in G. Arthur Martin, as well as works on early women which we interview lawyers in communities outside lawyers, Upper and Lower Canada, and a prominent downtown Toronto. Both programmes are well Toronto law firm. While many of our books are established and have yielded some fascinating brought to us by the authors, we continue to be insights. proactive in encouraging and supporting work as a We continue to work on a new, improved and way to fulfil our mandate of advancing knowledge much expanded website. The site itself is built, and of Canadian legal history. I have been fortunate to we are now adding content. After some delays, I be joined by a new Associate Editor, Professor expect the new site to go live in the early summer. Philip Girard of the Schulich School of Law, Check us out at www.osgoodesociety.ca. Dalhousie University, who is doing invaluable work for the Society. I look forward to another successful year, working with our President, Roy McMurtry, The oral history programme, our other principal Associate Editor Philip Girard, the dedicated Board activity, continues apace as well. We have now of Directors, and the ever present and ever interviewed over 558 people, and are always resourceful Marilyn MacFarlane. receptive to members’ suggestions about who we

The Publishing Programme

In 2011 The Society published four books. OPTIONAL EXTRAS ANNUAL BOOK We offered members three optional extras. The Lazier Murder: Prince Edward County, 1884, 1. Lawyers and Legal Culture in British North by Robert J. Sharpe, Justice of the Court of America: Beamish Murdoch of Halifax, by Philip Appeal for Ontario. Girard, Professor, Schulich School of Law, Dalhousie University. Our members book for 2011 is a detailed analysis of a late nineteenth century murder case in Picton, Well known to Osgoode Society readers as the author Ontario. Robert Sharpe's latest offering for the of Bora Laskin, Philip Girard has written an account Osgoode Society details the murder of a local of an everyday lawyers' practice in the first half of resident and the subsequent court proceedings. the nineteenth century. It is also an exploration of The author provides a fascinating insight into the Canadian legal culture and of the links between law operation of the criminal justice system at that time, and politics, especially arguments over responsible including the pardon process. The trial may well government. have been a case of what we would now call a 'wrongful conviction', linking the past to a current 2. Dewigged, Bothered and Bewildered: British and compelling aspect of our criminal justice Colonial Judges on Trial, by John McLaren, process. Emeritus Professor of Law, University of Victoria. Professor McLaren has produced a series of case studies of nineteenth century judges from across the

2 British empire, including of course the Canadian colonies, who found themselves the centre of 2012 Publications political controversy and were either suspended or removed from office. Anchored by excellent ANNUAL BOOK introductory surveys of the process of judicial Arming and Disarming: A History of Gun Control appointment and the developing rules on judicial in Canada, by R. Blake Brown, Professor of independence, the book is the first of its kind on the History, St Mary’s University. Published by the organisation and operation of colonial judicial Press. systems. We are very pleased to publish this volume with the Francis Forbes Society, our Australian Although we may think of it as only a contemporary equivalent. concern, at many times in our history Canadian governments have evinced concern about gun 3. Westward Bound: Sex, Violence, the Law, and ownership and use. In the first comprehensive the Making of a Settler Society, by Lesley history of the subject, Blake Brown looks at gun use Erickson, Professor, Department of History, and regulation from the early periods of European University of Calgary. settlement to the controversy over the gun registry. He shows that rural and urban Canadians have In partnership with the University of British always had very different views about firearms. He Columbia Press, we published the first book of a also demonstrates that our governments attitudes young scholar which examines the operation of the towards guns have been complex. At different times criminal law in the prairie west in the late nineteenth governments sought to restrict certain types of guns, and first half of the twentieth centuries. Local court or to restrict gun ownership among certain people records and other sources are employed to see how and in certain locales. On other occasions the law worked on reserves, in the cities, and in the governments encouraged gun ownership, seeing it countryside, from high profile cases to day-to-day as a manly pursuit useful for training citizens to be policing and punishment practices. well versed in the practice of using firearms.

IF YOU WISH TO RECEIVE any of the above ALL MEMBERS RECEIVE THIS BOOK AT NO books, please contact our offices. Once again, the EXTRA CHARGE. Society is offering a package deal of $120.00 to members who order all three books. OPTIONAL EXTRAS We offer members three optional extras. Book Reception 1. Canadian Property Law Cases in Context, A reception was held at Osgoode Hall, Toronto, on edited by Eric Tucker, Professor, Osgoode Hall October 26th, 2011 to launch the Society’s 2011 Law School, and Bruce Ziff and James Muir, books. Professors, University of Law School. Published by Irwin Law. This is another volume examining important Canadian cases by exploring their social, political and economic background, similar to Work on Trial (2010) and Race, Rights and Law in the (1997). The volume takes us from the Newfoundland seal hunt in the nineteenth century to nuisance law, and to more recent controversies involving restrictive covenants (Galbraith v Madawaska Club), pollution (KVP),

3 picketing (the Toronto Eaton Centre cases), economic regulation (Manitoba Fisheries), the theft Books Previously Published of information (R. v. Stewart), and land use 2011 The Lazier Murder: Prince Edward County, regulation (CPR v. Vancouver). 1884, Robert J. Sharpe Lawyers and Legal Culture in British North 2. Hunger, Horses and Government Men: America: Beamish Murdoch of Halifax, Philip Criminal Law on the Aboriginal Plains, 1870- Girard 1905, by Professor Shelley Gavigan, Osgoode Dewigged, Bothered and Bewildered: British Hall Law School. Published by the University of Colonial Judges on Trial, John McLaren Press. Westward Bound: Sex, Violence, the Law, and the Making of a Settler Society, Lesley Erickson Professor Gavigan examines the introduction of 2010 Work on Trial: Canadian criminal law and criminal justice Struggles, edited by Judy Fudge and Eric Tucker institutions in the old North West (present day A History of the British Columbia Court of Saskatchewan and Alberta) after its acquisition by Appeal, Christopher Moore Canada in 1870. Using newspapers, penitentiary Viscount Haldane:Wicked Stepfather of the records, Indian department files, and, principally, Canadian Constitution, Frederick Vaughan the records of stipendiary magistrates, she shows the Race on Trial: Black Defendants in Ontario's Criminal Courts, 1850-1950, Barrington Walker law’s impact on the aboriginal peoples of the west, as well as their use of it in coming to terms with the 2009 Canadian Maverick: The Life and Times of Ivan C. Rand, William Kaplan new political reality. A Trying Question: The Jury in Nineteenth Centre Canada, R. Blake Brown 3. The African-Canadian Legal Odyssey: Canadian State Trials, Vol. III, Political Trials Selected Essays, edited by Professor Barrington and Security Measures, 1840-1914, edited by Walker, Department of History, Queens Barry Wright & Susan Binnie University. Published by the University of The Last Day, the Last Hour: The Currie Libel Toronto Press. Trial, Robert J. Sharpe (2nd edition- originally published in 1988) This collection of original and republished essays 2008 Carnal Crimes: Sexual Assault Law in Canada, surveys the historical experience of black Canadians 1900-1975, Constance Backhouse and the law. It includes accounts of black legal Essays in the History of Canadian Law, Vol. X: pioneers, Canadian slave law, case studies of A Tribute to Peter N. Oliver, Jim Phillips, ‘private’ discrimination, and criminal law cases. The R. Roy McMurtry John Saywell, Eds volume includes an extensive introduction by the The Law of the Land: The Advent of the Torrens System in Canada, Greg Taylor editor which summarises our knowledge of the The Grand Experiment: Law and Legal Culture black experience and suggests avenues for future in British Settler Societies, Hamar Foster, research. Benjamin Berger, A.R. Buck 2007 The Persons Case: The Origins and Legacy of IF YOU WISH TO RECEIVE any of the optional the Fight for Legal Personhood, Robert J. Sharpe extras, please indicate so on the attached form, and and Patricia McMahon when it has been published it will be mailed to you Misconceptions: Unmarried Motherhood and and you will be billed. the Children of Unmarried Parents Act, Lori Chambers The Alberta Supreme Court at 100: History & Authority, Jonathan Swainger, Ed. My Life in Crime and Other Academic Adventures, Martin Friedland

4 2006 Magistrates, Police & People: Everyday 2000 ‘The Thousandth Man’: A Biography of James Criminal Justice in Quebec and Lower Canada, McGregor Stewart, Barry Cahill 1764-1837 Donald Fyson The Spinster and the Prophet: Florence Deeks, The Court of Queen’s Bench of Manitoba H.G. Wells, and the Mystery of the Purloined 1870-1950: A Biographical History, Dale Brawn Past, A.B. McKillop R.C.B. Risk, A History of Canadian Legal Uncertain Justice: Canadian Women and Thought: Collected Essays. Edited and introduced Capital Punishment, Beverley Boissery and by G.Blaine Baker and Jim Phillips F. Murray Greenwood 2005 Bora Laskin: Bringing Law to Life, Philip Girard Unforeseen Legacies: Reuben Wells Leonard In Search of Justice: An Autobiography, Fred and the Leonard Foundation Trust, Bruce Ziff. Kaufman 1999 Colour-Coded: A Legal History of Racism in Essays in the History of Canadian Law, Vol. IX, Canada, 1900-50, Constance Backhouse Two Islands: Newfoundland & PEI, Christopher Essays in the History of Canadian Law, Vol. English, Ed. VIII, In Honour of R.C.B.Risk, G. Blaine Baker 2004 Osgoode Hall: An Illustrated History, John and Jim Phillips, Eds. Honsberger Chief Justice W.R. Jackett: By the Law of the Aggressive in Pursuit: The Life of Justice Land, Richard Pound Emmett Hall, Frederick Vaughan Fulfilment: Memoirs of a Criminal Court Judge, The Heiress vs. The Establishment: David Vanek Mrs. Campbell’s Campaign for Legal Justice, 1998 White Man’s Law: Native People in Nineteenth- Constance Backhouse and Nancy Backhouse Century Canadian Jurisprudence, Sidney The Supreme Court of Nova Scotia, 1754-2004: Harring From Imperial Bastion to Provincial Oracle, ‘Terror to Evil-Doers’: Prisons and Punishments edited by Philip Girard, Jim Phillips & Barry Cahill in Nineteenth-Century Ontario, Peter Oliver 2003 Brian Dickson: A Judge’s Journey, Robert 1997 ‘Race’, Rights and the Law in the Supreme Sharpe and Court of Canada: Historical Case Studies, James W. St.G. Walker The Conventional Man: The Diaries of Ontario Chief Justice Robert A Harrison, 1856-1878, Married Women and Property Law in Victorian edited with an introduction by Peter Oliver Ontario, Lori Chambers John J. Robinette, Peerless Mentor: An Casual Slaughters and Accidental Judgments: Appreciation, George D. Finlayson Canadian War Crimes and Prosecutions, 1944-48, Patrick Brode Rule of the Admirals: Law, Custom, and Naval Government in Newfoundland, 1699-1832, Jerry The of Canada: A History, Bannister 1875-1992, Ian Bushnell 2002 The Law Makers: Judicial Power and the 1996 Essays in the History of Canadian Law, Vol. VII, Shaping of Canadian Federalism, John T. Inside the Law: Canadian Law Firms in Saywell Historical Perspective, Carol Wilton, Ed. Colonial Justice: Justice, Morality and Crime in Bad Judgment: The Case of Mr. Justice Leo the Niagara District, 1791-1849, David Murray Landreville, William Kaplan Canadian State Trials, Volume Two: Rebellion Canadian State Trials, Vol. I, Law, Politics and and Invasion in the , 1837-8, F. Murray Security Measures 1608-1837, F. Murray Greenwood and Barry Wright, Eds Greenwood and Barry Wright, Eds. Courted and Abandoned: Seduction in 1995 Just Lawyers: Seven Portraits, David R. Williams Canadian Law, Patrick Brode Northern Justice: The Memoirs of Mr. Justice 2001 Judging Bertha Wilson: Law as Large as Life, William G. Morrow, W.H. Morrow, Ed. Ellen Anderson Essays in the History of Canadian Law, Vol. VI, Labour Before the Law: Collective Action in British Columbia and the Yukon, Hamar Foster Canada, 1900-1945, Judy Fudge and Eric and John McLaren, Eds. Tucker A Deep Sense of Wrong: The Treason, Trials, Renegade Lawyer: The Life of J.L. Cohen, and Transportation to New South Wales of Laurel Sefton MacDowell Lower Canadian Rebels After the 1838 Rebellion, Beverley Boissery

5 1994 A Passion for Justice: The Legacy of James 1988 Middleton: The Beloved Judge, John Arnup Chalmers McRuer, Patrick Boyer See also 2009 Essays in the History of Canadian Law, Vol. V., 1987 The Fiercest Debate: Cecil A. Wright, the Crime and Criminal Justice, Jim Phillips, Tina Benchers and Legal Education in Ontario, Loo & Susan Lewthwaite, Eds. 1923-1957, C. Ian Kyer and Jerome Bickenbach The Life and Times of Arthur Maloney, The 1986 Mr. Attorney: The Attorney General for Ontario Last of the Tribunes, Charles Pullen (out of print) in Court, Cabinet and Legislature, 1791-1899, The Politics of Codification: The Lower Paul Romney Canadian Civil Code of 1866, Brian Young The Case of Valentine Shortis: A True Story of 1993 Legacies of Fear: Law and Politics in Quebec in Crime and Politics in Canada, Martin Friedland the Era of the French Revolution, F. Murray 1985 The Supreme Court of Canada: History of the Greenwood Institution, James Snell and Frederick Vaughan Policing Canada’s Century: A History of the 1984 Sir John Beverley Robinson: Bone and Sinew of Canadian Association of Chiefs of Police, Greg the Compact, Patrick Brode Marquis Duff, A Life in the Law, David R. Williams 1992 Speedy Justice: The Tragic Last Voyage of His (out of print) Majesty’s Vessel Speedy, Brendan O’Brien 1983 Essays in the History of Canadian Law, Vol. II, Provincial Justice: Upper Canadian Legal David H. Flaherty, Ed. (Now available in Portraits from the Dictionary of Canadian paperback) Biography, Robert Fraser, Ed. 1982 Cornerstones of Order: Courthouses and Town 1991 Petticoats and Prejudice: Women and Law in Halls of Ontario, 1784-1914, Marion MacRae & Nineteenth-Century Canada, Constance Anthony Adamson Backhouse 1981 Essays in the History of Canadian Law, Vol. I, 1990 Essays in the History of Canadian Law, Vol. III, David H. Flaherty, Ed. Nova Scotia, Philip Girard and Jim Phillips, Eds. Please note Essays in the History of Canadian Law, Vol. IV, Beyond the Law, Lawyers and Business in You may choose any fifteen books for $300.00 (incl. GST). Canada 1830-1930, Carol Wilton, Ed. For individual volumes or for sets please contact The Society. 1989 The Genesis of the Canadian Criminal Code of 1892, Desmond Brown The Odyssey of John Anderson, Patrick Brode

6 Patrons and Benefactors The Stuart Thom Fund of the Society In 1998, following receipt We are most grateful to our Patrons and Benefactors of two generous gifts from whose generous support made many of our efforts the estates of Stuart Thom possible. and his wife, Lian, the Osgoode Society Patrons: established the Stuart Thom Blake, Cassels & Graydon LLP Fund. In 1999 and 2000 LLP further grants from the The Law Foundation of Ontario Thom estates totalling Lax O’Sullivan Scott Lisus LLP $50,000.00, brought the total contribution to McCarthy Tétrault LLP $100,000.00. This generosity, unequalled among Osler, Hoskin & Harcourt LLP our personal donors, will go a considerable distance Paliare Roland Rosenberg Rotherstein LLP to help ensure that the Osgoode Society is able to Torkin Manes LLP carry on its work for many years to come. Details Torys LLP about the current state of the Fund are presented in WeirFoulds LLP our Financial Statements. The Society hopes that other possible A “Patrons Page” is included in each of our benefactors may see fit to follow this example and publications. Additional Patrons and Benefactors to remember the Society in their estate planning. are most welcome. Patrons contribute between All donations and bequests will receive charitable $2,500.00 and $5,000.00; Benefactors $1,000.00 to receipts for income tax purposes. $2,499.00. We also have a category “Corporate Sustaining” which is $500.00. For information about charitable receipts, please contact our office. The sixteenth Annual Patrons’ Dinner was held Membership on May 17, 2011 at Osgoode Hall in the Benchers’ Dining Room. The dinner was hosted by Laurie 2011 2010 Pawlitza, Treasurer of the Law Society of Upper Canada, and chaired by R. Roy McMurtry, President Student 64 71 of the Society. The purpose of the dinner is to Ordinary 580 497 honour Society Patrons whose generosity makes Ind. Sustaining 169 199 possible the continuation of much of the Society’s Corp. Sustaining 1 1 work, including the publication of optional extras. Life 1 1 The Osgoode Society thanks the Law Society of 815 769 Upper Canada for hosting and sponsoring the Patrons’ Dinner.

7 Individual Sustaining Members The Hon. Stephen Goudge Mr. G. Chalmers Adams Mr. Brian Gover Prof. D. T. Anderson Mr. Brian H. Greenspan Dr. Philip Anisman Mr. Edward L. Greenspan, Q.C. The Hon. Robert Armstrong The Hon. Susan Greer Prof. Dennis Baker Mr. Shawn Haggerty Mr. Larry Banack Prof. Balfour Halevy Prof. Jane Banfield Mr. Peter M. Harvie Mr. Thomas Bastedo Mr. Malcolm Heins Mr. Paul Bates Her Worship Mary Ross Hendriks The Hon. Douglas Bean The Hon. The Hon. Elizabeth Bennett The Hon. Nicole Duval Hesler The Hon. Kenneth Binks Mr. James A. Hodgson The Hon. Prof. Peter Hogg The Hon. Robert Blair Mr. John D. Honsberger Ms. Sheila Block Mr. William Horton Mr. Ian Blue Ms. Trisha Jackson Mr. Brian Blumenthal Mr. Mahmud Jamal Prof. Dale Brawn Mr. David Jarvis The Hon. Lloyd Brennan Mr. Justice Peter Jarvis The Hon. George Brophy The Hon. John Jennings Mr. Justice. David Brown The Hon. Nancy Kastner Mr. Brian Bucknall The Hon. Fred Kaufman Mr. Tom Carey The Hon. Fran Kiteley Mr. Steven Chaplin The Hon. Horace Krever Mr. Earl Cherniak The Hon. Gary Kunnas Mrs. Beverley Chernos The Hon. Gerald LaForest Mr. David Chernos The Hon. Dennis Lane Mr. Alan Cooper The Hon. Susan Lang Mr. Austin Cooper Ms. Nancy Laws-LePage Mr. Jeff Cowan Ms. Rosemary Legris Mr. Stephen Coxford The Hon. Lynne Leitch Prof. Paul Craven Dr. Susan Lewthwaite Mr. Bradley Crawford Mr. William Lightfoot The Hon. James C. Crawford Mr. Ted Livingstone The Hon. Maurice Cullity Ms. M. Virginia MacLean Mr. Lyle Curran Mr. Dan Malamet Mr. Rhys Davies Mr. Athar Malik Sir Graham Day Mr. Elder Marques Mr. Sean Dewart The Hon. Lauren Marshall Mr. J. Daniel Dooley Mr. Gordon McConnell Mr. Justice Edward Ducharme Ms. Leslie McIntosh The Hon. L. Duchesneau-McLachlan The Hon. Hilda McKinlay Mr. Justice Thomas Dunn The Hon. Colin McKinnon Dean Bruce Elman The Hon. Hugh R. McLean Mr. Wilfred Estey Ms. Patricia McMahon Mr. J. Douglas Ewart The Hon. Roy McMurtry Ms. Michelle Farrell Mr. Willson McTavish The Hon. William Fitzgerald Her Worship Cornelia Mews Mr. David Flaherty Mr. W.A. Derry Millar The Hon. R.J. Flinn Mr. Graeme G. Mitchell Mr. Craig Flood The Hon. John Morden Prof. Shelley Gavigan Mr. David Morin Mr. Duncan W. Glaholt The Hon. Richard Mosley The Hon. Bruce A. Glass The Hon. Gregory Mulligan

8 The Hon. Petra Newton Mr. John Wilson Mr. Justice Dennis O’Connor Chief Justice Warren Winkler Mr. Terrence O’Sullivan Mr. Eric M. Wolfman The Hon. Ralph Ottenbreit Mr. Robert Yalden Ms. Laurie H. Pawlitza , Law Library Mr. Wilfrid E.D. Peters Prof. Jim Phillips (Several sustaining members have asked Mr. Richard Pound to remain anonymous) Mr. Kenneth Prehogan The Hon. Michael G. Quigley Mr. Bert Raphael Awards The Hon. Robert D. Reilly The Society offers or administers a number of The Hon. Paul Reinhardt awards, three of which are new. The Hon. John Richard Mr. J. Gregory Richards R. Roy McMurtry Fellowship. In 2011 we awarded Mr. Joel Richler the fourth R. Roy McMurtry Fellowship in Mr. Christopher Riggs Canadian Legal History. This fellowship was The Hon. Marietta Roberts created on the occasion of the retirement as Chief The Hon. S.L. Robins Justice of Ontario of the Hon. R. Roy McMurtry. It Mr. Gary Rodrigues honours the contribution to Canadian legal history Mr. William Ross of the founder of the Osgoode Society for Canadian Mr. Jeffrey Sack Legal History and its current President. The The Hon. Edward Saunders Mr. Paul Schabas fellowship was established by Chief Justice Mr. Martin Sclisizzi McMurtry’s friends and colleagues, and endowed by The Hon. David G. Scott private donations and the Law Foundation of The Hon. Robert Sharpe Ontario. The fellowship is to support graduate Mr. Wayne Shaw (preferably doctoral) students or those with a Ms. Maureen Simpson recently completed doctorate, to conduct research in Chief Justice Heather Smith Canadian legal history, for one year. The 2011 The Hon. J.B.S. Southey winner was Daniel Rueck, a research associate at Mr. David Spiro the University of Western Ontario, for his post- Mr. Chris Stanek doctoral work on land use and allocation on The Hon. D.R. Steele Mohawk reserves. Mr. Joseph Steiner Mr.Paul Stern The Osgoode Society congratulates the winner, Mr. Dugald Stewart chosen from a very strong field of applicants, and is Ms. Jennifer Stoddart delighted that the fellowship has been awarded to Mr. Alan Strike such a worthy researcher. Mr. Harvey Strosberg Ms. Beth Symes Peter Oliver Prize. The Peter Oliver Prize in Mr. Gerald E. Taylor Canadian Legal History is named for the Society’s Mr. Paul Taylor founding editor-in-chief, and awarded annually for Mr. Justice Edward Then published work in Canadian legal history written by Mr. David S. Thompson a student. Students in any discipline and at any stage The Hon. Pamela Thomson of their careers are eligible. The winner for 2011 Mr. Richard Tinsley was Jonathon Penney, ‘Ivan Rand’s Ancient Prof. Eric Tucker Constitutionalism,’ University of The Hon. Michael Tulloch Law Journal, Vol. 61, 2010. Mr. Ed Upenicks The Hon. Ronald Veale John T. Saywell Prize for Canadian Constitutional Prof. Janet Walker Legal History. This prize, established through the Mr. J.J. Wardlaw generosity of Professor Saywell’s son John Mr. Peter Webb MacIntosh and in recognition of Professor Saywell’s Prof. M. Wilkinson

9 life-long commitment to the highest standards of extensively in scholarly research and the scholarship in Canadian history and law, is given bi- programme has gained a wide reputation across annually to the best new book in Canadian legal Canada and beyond for the quality and scope of its history, broadly defined, that makes an important work. Several of our programmes are privately contribution to an understanding of the constitution funded, for example by law firms, judges’ and/or federalism. associations etc., and we are pleased to discuss possible sponsorship with interested parties. The second winner of the Saywell Prize, for 2011, was Douglas Harris, Professor of Law at the We have been privileged over the past several University of British Columbia, for Landing Native years to have co-sponsored oral history programmes Fisheries: Indian Reserves and Fishing Rights in with several bodies and organizations. We thank the British Columbia, 1849-1865, published by the following: The Advocates’ Society and The Ontario University of British Columbia Press. The Saywell Conference of Judges. Prize will be awarded again in June 2013. From the programme’s inception, most of the interviews have been carried out by Christine Kates. Student Book Award For the past few years we have also been fortunate The Society in co-operation with Canadian law to be able to employ the skills of Cynthia Smith. schools offers an annual book award to a graduating We are now using a third interviewer, Rosemary student deemed to have done excellent work in legal Legris. The assistance of volunteer interviewers history. The Society provides one book from its remains important. If you wish to act as a back list and a current membership, including the volunteer interviewer, please contact the Society. annual publication, to such a student in each participating Canadian Law School. The number of legal professionals interviewed through the programme since 1979 now totals 558, with approximately 88,770 pages of transcript. Graduate Student Assistance Programme For a complete listing of all interviews conducted The Society continues its Graduate Student for the Osgoode Society oral history programme, Assistance programme intended to offer some please contact Marilyn MacFarlane at financial assistance to graduate students doing [email protected]. research in Canadian legal history to travel to out- of-town archives. Applications are invited. Terms of Access to the Osgoode Society Collection All tapes are transcribed and tapes and transcripts Research Support Programme are placed in the Archives of Ontario for The Society in 2011 made the following grants: safekeeping. Each interviewee may close all or part • $1,969.24 – Mr. Bradley Miller for work on the of the material for a period of years and may also history of Canadian extradition law. make the material available as he or she sees fit. • $7,500.00 – Rosemary Shipton for work on the The Osgoode Society retains copyright to the career of R. Roy McMurtry. material. No portion of the material may be photocopied without written permission from the Web Site Osgoode Society. The material contained in the See Editor-in-Chief’s report. Osgoode Society Collection is intended for legal, historical, genealogical or other worthwhile research. It must be used at the Archives of Ontario. For information as to use please contact either the Oral History Osgoode Society or the Archives of Ontario at The Society's Oral History Programme is a unique 416-327-1550. and invaluable source of information on all aspects of our legal past. The interviews have been used

10 Completed Interviews in 2010 Directors and Annual Meeting IN-DEPTH Meetings of the Board of Directors were held on Mr. Philip Anisman February 16, April 28, and October 11. The Annual Mr. Ken Arenson Meeting of Members of the Society took place on Mr. Bradley Crawford June 21at Osgoode Hall. Mr. Marshall Crowe The following were unanimously elected as Mr. Frank Falconi Directors of the Osgoode Society: Mr. Justice Alan Ingram Mr. Ian Kyer The Hon. Robert Armstrong, Court of Appeal for Mr. Richard Shibley Ontario The Hon. Kenneth Binks, Low, Murchison LLP Treasurer’s project Mr. David Chernos, Torys LLP Mr. W.A.D. Millar Ms. Kirby Chown J. Doug Ewart African Canadian Lawyers & Judges Ms. Violet French, Torkin Manes LLP Mr. Justice Irving Andre Professor Martin Friedland, C.C., Q.C., Mr. Andrew Alleyne Faculty of Law, University of Toronto Mr. Justice Hugh Fraser Professor Philip Girard, Schulich School of Law, Ms. Arleen Huggins Dalhousie University Mr. Andrew Nunes Mr. John D. Honsberger, Q.C., Raymond & Honsberger The Hon. Horace Krever Markham project Mr. C. Ian Kyer, Fasken Martineau DuMoulin LLP Mr. J. Lachlan Cattanach Ms. Virginia MacLean, Q.C., Barrister & Solicitor Mr. Irving Glieberman Mr. James Jagtoo Ms. Patricia McMahon, Osler, Hoskin & Harcourt LLP Mr. Sidney Poon The Hon. R. Roy McMurtry, Gowlings LLP Mr. David Tsubouchi The Hon. Paul Perell, Superior Court of Justice Professor Jim Phillips, Faculty of Law, SPONSORED PROJECTS University of Toronto Ontario Court of Justice History project The Hon. Paul H. Reinhardt, Ontario Court of Justice The Hon. Charles Anderson Mr. Joel Richler, Blake, Cassels & Graydon LLP The Hon. William Gorewich Mr. William Ross, WeirFoulds LLP The Hon. Maryka Omatsu Mr. Paul Schabas, Blake, Cassels & Graydon LLP The Hon. Robert Sharpe, Court of Appeal for Ontario The Advocates’ Society Ms. Mary Stokes, Legge & Legge Bruce Carr-Harris The Hon. Michael Tulloch, Superior Court of Justice Philippa Samworth (The Treasurer of The Law Society of Upper Jeffrey Leon Canada, and the Attorney General for Ontario, are directors ex officio.) The annual meeting was addressed by In Progress Mr. Justice Robert J. Sharpe on his book, The Lazier IN-DEPTH Murder: Prince Edward County, 1884. Mr. Paul Haines Once again, the Directors of the Society thank the Law Foundation of Ontario and the Law Society Markham project of Upper Canada for their encouragement and Ms. Martha Mingay support and express their gratitude to the Patrons and SPONSORED PROJECTS Benefactors of the Society and to sustaining Ontario Court of Justice History project members. And we thank our solicitors, Osler, The Hon. J. Bark Hoskin & Harcourt LLP, for their continuing The Hon. I. Hansen guidance and advice. The Hon. S. Nosanchuk The Directors welcome inquiries and suggestions on any aspect of the work of the Society. Attorney General (Ontario) Project Ms. Janet Minor Osgoode Hall. April, 2012 11 FINANCIAL STATEMENTS

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12 INDEPENDENT AUDITORS' REPORT

To the Members of The Osgoode Society for Canadian Legal History: INDEPENDENT AUDITORS' REPORT

ReportINDEPENDENT on the Financial AUDITORS' Statements REPORT To the Members of The Osgoode Society for Canadian Legal History: We have audited the accompanying financial statements of The Osgoode Society for Canadian Legal History, which comprise the balance sheet as at December 31, 2011 and the statement of revenue and expenditures,ReportTo the on Membersthe statement Financial of The of Statements changes Osgoode in Society net assets for Canadian and cash Legalflow stat History:ement for the year then ended, and a summary of significant accounting policies and other explanatory information. We have audited the accompanying financial statements of The Osgoode Society for Canadian Legal Management'sHistory,Report which on comprisethe Responsibility Financial the balance Statements for the sheet Financial as at DecemberStatements 31, 2011 and the statement of revenue and expenditures,We have auditedstatement the of accompanying changes in net financialassets and stat cashements flow of stat Theement Osgoode for the Society year then for ended,Canadian and Legala Managementsummary of significant is responsible accounting for the polic preparationies and other and explanatory fair presentation information. of these financial statements in accordanceHistory, whichwith Canadian comprise generallythe balance accepted sheet as accounting at December principles, 31, 2011 and and for the such statement internal of control revenue as and managementManagement'sexpenditures, determines Responsibility statement is necessary of changes for the to Financialin enable net assets the Statements prepa and cashration flow of financial statement statements for the year that then are ended,free from and a materialsummary misstatement, of significant whether accounting due to policfraudies or and error. other explanatory information. Management is responsible for the preparation and fair presentation of these financial statements in Auditors'accordanceManagement's Responsibility with Canadian Responsibility generally for accepted the Financial accounting Statements principles, and for such internal control as managementManagement determines is responsible is necessary for the to preparationenable the prepa and rationfair presentation of financial statementsof these financial that are statements free from in Ourmaterial responsibility misstatement, is to whether express due an to opinionfraud or onerror. these financial statements based on our audit. We conductedaccordance our withaudit Canadianin accordance generally with accepted Canadi anaccounting generally principles, accepted andauditing for such standards. internal controlThose as standardsAuditors'management Responsibilityrequire determines that we comply is necessary with ethical to enable requirements the prepa rationand plan of financial and perform statements the audit that toare obtain free from reasonablematerial assurance misstatement, about whether whether due the to financial fraud or statements error. are free from material misstatement. Our responsibility is to express an opinion on these financial statements based on our audit. We Auditors' Responsibility Anconducted audit involves our audit performing in accordance procedures with to obtaiCanadin auditan generally evidence acceptedabout the amountsauditing andstandards. disclosures Those in thestandards Ourfinancial responsibility require statements. that iswe to complyThe express procedures with an ethical opinion select requirements oned thesedepend financial andon theplan statementsauditors' and perform judgment, based the auditon including our to audit.obtain the We assessmentreasonableconducted assurance of ourthe riskaudit abouts ofin material whetheraccordance misstatementthe financial with Canadi statements of thean financigenerally are alfree statements, fromaccepted material whetherauditing misstatement. duestandards. to fraud Thoseor error.standards In making require those that risk weassessments, comply with the ethical auditor requirements considers internaland plan control and perform relevant the to auditthe entity's to obtain preparationAn auditreasonable involves and assurance fair performing presentation about procedures whether of the financial theto obtai financial statn auditements statements evidence in order are about freeto design the from amounts materialaudit procedures and misstatement. disclosures that are in appropriatethe financial in statements. the circumstances, The procedures but not for theselect purposeed depend of expressi on theng auditors'an opinion judgment, on the effectiveness including the of theassessment Anentity's audit internal ofinvolves the control.risk performings of Anmaterial audit procedures alsomisstatement include to obtais evaluatingofn theaudit financi evidence theal appropriateness statements, about the whetheramounts of accounting due and to disclosures fraudpolicies or in usederror.the andIn financial making the reasonableness thosestatements. risk assessments, ofThe accounting procedures the estimate auditor selects edcomade nsidersdepend by management,internal on the controlauditors' as relevant well judgment, as evaluatingto the including entity's the the overallpreparationassessment presentation and fairof theofpresentation the risk financials of material of statements. the financialmisstatement statements of the in financi order alto statements,design audit whether procedures due thatto fraud are or appropriateerror. In in making the circumstances, those risk assessments, but not for the the purpose auditor of co expressinsidersng internal an opinion control on therelevant effectiveness to the entity's of Wethe preparationentity'sbelieve internalthat andthe control.auditfair presentation evidence An audit we alsoof havethe include financial obtaineds evaluating stat is ementssufficient the in appropriateness andorder appropriate to design oftoaudit accountingprovide procedures a basis policies that for are ourused auditappropriate and opinion. the reasonableness in the circumstances, of accounting but not estimatefor the purposes made of by expressi management,ng an opinion as well on as the evaluating effectiveness the of overallthe presentationentity's internal of the control. financial An statements.audit also include s evaluating the appropriateness of accounting policies used and the reasonableness of accounting estimates made by management, as well as evaluating the We overallbelieve presentation that the audit of evidencethe financial we statements.have obtained is sufficient and appropriate to provide a basis for our audit opinion. We believe that the audit evidence we have obtained is sufficient and appropriate to provide a basis for our audit opinion.

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469 King Street West, 2nd Floor MONTE-LISI & SMITH Tel 416 363 5105 Toronto, Ontario M5V 1K4 Fax 4161 363 6030

469 King Street West, 2nd Floor MONTE-LISI & SMITH Tel 416 3631 5105 Toronto, Ontario M5V 1K4 13 Fax 416 363 6030 469 King Street West, 2nd Floor MONTE-LISI & SMITH Tel 416 363 5105 Toronto, Ontario M5V 1K4 Fax 416 363 6030 Basis for Qualified Opinion As with many charitable organizations, the Society derives revenue from donations, the completeness of which is not susceptible to satisfactory audit verification. Accordingly, our verification of donations was limited to the amounts recorded in the records of the Society and we were not able to determine whether any adjustments might be necessary to donations, excess of revenues over expenditures for the year, assets and net assets.

Qualified Opinion In our opinion, except for the possible effects of the matter described in the Basis for Qualified Opinion paragraph, the financial statements present fairly, in all material respects, the financial position of The Osgoode Society for Canadian Legal History as at December 31, 2011, and its financial performance and its cash flows for the year then ended in accordance with Canadian generally accepted accounting principles.

Toronto, Ontario Chartered Accountants February 24, 2012 Licensed Public Accountants

14

2 See accompanying notes

15 See accompanying notes

16 See accompanying notes 17 $ 2010 SSETS 10,686 331,570 342,256 6 BER 31, 2011 L HISTORY $ 2011 (11,688) DECEM 342,256 330,568 NGES IN NET A NGES IN N LEGA R ENDED $ DIA 55,772 44,292 (11,480) NA Unrestricted TEMENT OF CHA OF TEMENT CA STA FOR THE YEA (208) $ 6,000 5,792 morial Fund Student Me Peter Oliver - $ Fund Thom Stuart 100,000 100,000 - $ Fund Special 155,484 155,484 Projects Stuart Thom Stuart THE OSGOODE SOCIETY FOR SOCIETY OSGOODE THE - $ 25,000 25,000 Prize for Canadian Legal History Legal John T.Saywell John Constitutional ) of revenue ear ear SSETS over expenditures See accompanying notes Excess (deficiency Excess End of y Beginning of y NET A See accompanying notes

18 See accompanying notes

19 20 21 22 23 24 25 26 The Osgoode Society Officers

President The Hon. R. Roy McMurtry Editor-in-Chief Jim Phillips Associate Editor Philip Girard Treasurer C. Ian Kyer Secretary & Administrator Marilyn MacFarlane Counsel Osler, Hoskin & Harcourt LLP

Board of Directors

See page 11

27 Patrons of the Society

Blake, Cassels & Graydon LLP

Gowlings

The Law Foundation of Ontario

Lax O’Sullivan Scott Lisus LLP

McCarthy Tétrault LLP

Osler, Hoskin & Harcourt LLP

Palaire Roland Rosenberg Rothstein LLP

Torkin, Manes LLP

Torys LLP

WeirFoulds LLP

28 The Osgoode Society For Canadian Legal History

APPLICATION FOR MEMBERSHIP (Please disregard or pass on to a friend if you have already renewed for 2012)

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FAX NO. - 416-947-3447 The membership volume Arming & Disarming: A History of Gun Control in Canada, is mailed E-MAIL - [email protected] to all members AT NO EXTRA CHARGE.